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Magistration miranda rights
Magistration miranda rights
Roles of judges in courtroom
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When one thinks of trials a lot of questions come to mind. What is a trial? What is involved in a trial? Who are the participants in a trial? Of all the participants how do they all contribute to the trial, what are their duties? What are the aspects of a trial and how do the aspects affect the fairness of the trial. How does our constitution contribute to a trial and how does it create fairness to the system? Within the body of this paper I will educate the reader on the trial system and answer any questions a person may have on the subject. I will use the research I have done to educate the reader on trials, the fairness of trials, and how I feel that trials can be made fairer.
There are several types of trials in our criminal justice system. Each different trial has its own objective or duty in our system. We are going to focus on criminal trials. It is important to understand what a trial is. A trial is when two parties gather in order to have a dispute. There is information presented that is called evidence. Evidence is anything that can be used to demonstrate the truth of an assertion. Evidence is materials or truth used to show proof. In the trial there are several characters to perform duties. The trial usually takes place in a court room before a judge and jury. The defendant is the person standing trial. He is represented by his defense. The prosecutor is the person who will try and prove the defendants guilt. There are witnesses that will be used as or to support evidence during the trial. The judge has help from a bailiff. There is a recorder to document everything that is said during the trial. I will go into detail each person’s job during the trial and what their duties consist of.
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...s with murders, it is about justice being served. This was a great movie to open one’s eyes on the justice system and how murders can be slapped on the wrist for throwing someone else under the bus.
A defendant is the individual that has been charged with a crime and is standing trial. A defendant in a criminal trial is usually under the custody of the justice system, having been arrested and escorted to the trial. It is up to the defendant to hire an attorney or his defense to represent him during the trial. A defendant is protected under the Constitution to have the right to have an attorney appointed to him if he can not afford one. When the Miranda Rights are read to one that has been arrested it states, “You have a right to an attorney. If you cannot afford an attorney, one will be appointed to you.” These rights are protected under the Fifth Amendment.
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries. Juries are a random, unbiased selection of people who will be asked to sit in a trial and decide a verdict of guilty or not guilty. The Canadian Charter of Rights and Freedoms guarantees that “a person accused of criminal activity ‘has the right
They weigh the evidence and apply the law. In the court system, criminal law is interpreted by a jury who are seen as expressing the sense of justice of ordinary men and women. Juries date back to the Middle Ages in England, and while membership, role, and importance have changed throughout the ages, they were part of the system of England’s Common Law. The purpose of the jury system was to ensure the civil rights of the ordinary citizen. It is important to remember that at the time, ordinary people had few rights.
In America, every individual has the right to a fair trial, but how fair is the trial? When an individual is on trial, his or her life is on the line, which is decided by twelve strangers. However, who is to say that these individuals take their role seriously and are going to think critically about the case? Unfortunately, there is no way to monitor the true intentions of these individuals and what they feel or believe. In the movie, Twelve Angry Men, out of the twelve jurors’ only one was willing to make a stance against the others, even though the evidence seemed plausible against the defendant. Nevertheless, the justice system is crucial; however, it is needs be reformed.
This movie goes to show how such crucial facts and minuet evidence if not processed fully and clearly can change the outcome in such a big way. In this jury you have 12 men from all different walks of life, 12 different times, and 12 different personalities. Who have an obligation to come to one conclusion and that's whether or not the young man on trial is guilty of murdering his father or is innocent beyond a reasonable doubt. Under much frustration and lack of patience these 12 men began to get unruly and unfocused. Throughout this distraction key terms get misused, facts get turned around and more importantly emotions start to cross making it hard for these men to produce a verdict.
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
In the United States, the adversarial system of justice relies on ensuring a criminal defendant receives a fair trial. The sixth amendment gives defendants the right to legal representation in criminal trials even if they cannot afford one themselves. Each city and county in the United States ensures a defendant the right to counsel. There are different ways cities and counties across the United States provide representation for indigent defendants. One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases.
The American Court System is an important part of American history and one of the many assets that makes America stand out from other countries. It thrives for justice through its structured and organized court systems. The structures and organizations are widely influenced by both the State and U.S Constitution. The courts have important characters that used their knowledge and roles to aim for equality and justice. These court systems have been influenced since the beginning of the United State of America. Today, these systems and law continue to change and adapt in order to keep and protect the peoples’ rights.
There is no greater example of government “of the people, by the people, for the people” than the right of trial by jury. The jury is a slice of The People—not mere representatives of The People, but literally The People—whose vital role was to be the ultimate finder of fact and of law. We agree that the right to