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First degree murder case studies
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No. 202. Argued March 9, 1965. Decided April 28, 1965. Facts: In 1964 Edward Dean Griffin was brought before a court, convicted and tried for the crime of first degree murder. Griffin had been invited to the apartment of Essie Hodson and her boyfriend Eddie Seay. After all three had went to bed Seay woke up to find Griffin and Hodson struggling. Hodson claimed that Griffin had tried to force her into unwanted sex. Seay locked Griffin out of the apartment. However, Griffin broke back in and hit Seay in the head. Seay went to a nearby bar to get help and when he returned neither Hodson nor Griffin were there. The next morning, a witness saw Griffin coming out of a large trash bin in a nearby alley and noted that Griffin was adjusting his pants. The witness found Essie Hodson in the trash bin. She was bleeding and in shock. Hodson passed away the next day at a local hospital from the injuries sustained from the violent attack. Griffin was tried for the first degree murder of Essie Hodson. During trial, Griffin refused to take the stand and testify. Both the judge and the district attorney commented about Griffins silence to the jury stating: “As to any evidence or facts against him which the defendant can reasonably be expected to deny or explain because of facts within his knowledge, if he does not testify or if, though he does testify, he fails to deny or explain such evidence, the jury may take that failure into consideration as tending to indicate the truth of such evidence and as indicating that among the inferences that may be reasonably drawn therefrom those unfavorable to the defendant are the more probable." The Prosecutor also added, "These things he has not seen fit to take the stand and deny or explain and in the whol... ... middle of paper ... ...ffin v California made many important changes to American law and sat forth standards for the right to due process. The Supreme Court had already made it a law that a defendant must have the right to remain silent during legal proceedings, but now they were putting it in effect. Justice Douglas ruled that negative implications toward a defendant would be like penalizing him for exercising his own rights and this will not stand. The case proved to the citizens of America the Supreme Court was intent upon giving each and every person who found himself/herself in front of the court to have a fair trial. It also proved to potential jurors that if a defendant stays silent during trial it only means he is exercising his rights. It is not a proclamation of knowing his rights and using them rather than of his guilt. This precedent had never been so prominent to the public.
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
Ford v. Wainwright is historically important for the reason that it shows the concept the insane can really be executed, also that although there are rules and regulations they can be broken by people without any sort of power or people with more power than others. Although things are set for everyone to follow some people break those to break other people down. The amendments ar...
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
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
Charles O. Bonet, a prosecutor told a co-defendant witness that charges against him would not be prosecuted if he took the stand and pled the Fifth Amendment when called to testify. The judge held an in hearing, during which co-defendant witness testified that the final deal was that Mr. Bonet would make the charges go away, if co-defendant witness took the stand and pleaded the Fifth Amendment. The jury found Mr. M guilty and the Court of Appeals upheld the decision. Mr. Bonet’s conduct ethic violation,
In 1992, Houston police officers found two homicide victims in a house at an unspecified time. The investigation of this homicide led them to defendant, Genovevo Salinas, where the police asked and the defendant agreed to accompany the police officers to the station where the defendant was questioned for about one hour. Police collected shotgun shells from the murder scene, which is the home of the two brothers that have been shot and killed. The defendant, without being detained and read his Miranda rights, voluntarily answered most of the police officer’s questions about the murder stated earlier. This interview lasted about one hour and both the officer and the defendant agreed it was a consensual encounter. He became very quite once the officer’s asked if under ballistics testing the casing, found at the crime scene, would match the shotgun the defendant owned. After this question the officer asked other questions and the defendant did answer the rest of the questions asked. Police also found a witness who said Salinas admitted to killing the victims. In 1993, Salinas was charged with the murders, but could not be located. 15 years later, Salinas was finally captured. The first trial ended in a mistrial. During the second trial the prosecutors used the silence the defendant had at this time, even over the objection of the defendant, as evidence of guilt in Texas state court. He was convicted, in both State Court of Appeals and Court of Criminal Appeals.
Reasoning: It was found that it is unconstitutional for the jury to not be provided the evidence and/or findings that could potentially increase the penalties that a defendant faces. The Court found that the Due Process Clause does, in fact, require that any evidence proven beyond a reasonable doubt must be submitted. This ensures ""the moral force of the criminal law not be diluted by a standard of proof that leaves people in doubt whether innocent men are being condemned."
Furthermore, do to the fact that this was the first time that something like this case had happened during its time, it was a big deal. This is how it became a landmark case, along with the fact that it made it to the U.S Supreme court which is completely rare and almost never happens. For further details, this happened since at first Dollree Mapp’s at her local court was rejected despite the obvious injustice. She , of course, decided to talk action and fought her way up to the U.S Supreme Court which surprised
The supreme court case has impacted the unique American identity and had influenced the way we live in society. The President at the time was Richard Nixon. He was trying to use Executive privilege so that he didn’t have to give away recordings from the oval office that talks about a burglary in the Democratic party headquarters. When the United States won with an 8-0 vote, Executive privilege was proven not limitless, and can’t be used to prevent evidence from being heard in a criminal proceeding. The President isn’t above the law, and this case helped reinforce that rule. Other countries may not
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
from the victim and the scene of the crime be tested and his appeals were denied ("A.B. Butler").
...en of proof falling on his shoulders, Mr. Myers presented a solid case with seemingly creditable witnesses against Vole (Neubauer & Fradella, 2014, p. 33). Much to Mr. Myers chagrin, Sir Wildrid argued for the defense of his client and provided insight or evidence to discredit all three witnesses for the prosecution (Neubauer & Fradella, 2014, p. 33). While “Witness for the Prosecution” was fictional, the movie yielded “whether you were lying then or are you lying now”, which is an expression frequently used in courtrooms today (Hornblow & Wilder, 1957).
 3 years later, the proof of his innocence appeared. Yet, the high-ranking officers refused to open the cased.
The criminal offence of murder, while in better shape than many other offences, is still in need of updating and some reasonably minor adjustments, most notably in the areas of intent, self-defence, and the mandatory life sentence it imposes. It is unanimously agreed that the laws on murder need codifying.