...Capote's In Cold Blood illustrates his views against the death penalty because it reflects on the immorality and unjustness of capital punishment and its connection with mental illness and shows that one can be conditioned or born to criminality Capote shows that capital punishment is undeniably immoral and unjust through its high usage among mentally ill offenders. Capital punishment is immoral which is shown through the inequality of it and its inability to deter crime and its ability to diminish the value of human life. Most people facing capital charges and the death penalty are poor and do not have the resources to retain expert attorneys and witnesses for their trial. They often get a court appointed attorneys who never raise their mental...
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...the main factor in the trial. "Numerous studies demonstrate that prosecutors use peremptory strikes to remove black jurors at significantly higher rates than white jurors" (Totenberg, November 2 2015, Para 2). Peremptory strikes are classified as removing jurors without stating a particular reason or cause. This did not work in the favor of Timothy Foster, who was found guilty in killing elderly white woman, and was sentenced to death. “Foster's lawyers argue that black jurors were systematically excluded from the jury at his trial in 1987, while judges at all levels looked the other way for nearly three decades thereafter” (Totenberg, November 2 2015, Para 4). In Batson v. Kentucky...
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...a fair random method. Then, a list of names for the jury are collected from Voter's registration and driver's license or state ID renewals. Next, there are summonses mailed to different citizens and that’s where a panel of jurors are appointed to a courtroom and randomly picked to serve in the jury box. Third, the judge and attorneys have an option whether or not to challenge for a cause argument or use one of the peremptory challenges based on jurisdiction. Lastly, the jury in certain jurisdictions must be death qualified to remote those who are opposed to the death penalty. Here are a few cases that helped controlled the systemic discrimination of the courts in this process: 1880 decision of Strauder v. West Virginia, United States v. Nelson, Swain v. Alabama, Purkett v. Elem, and Batson v. Kentucky just to name a few. Jury nullification is used in relation to diversity because it's based on an ultimately destructive sentiment of racial kinship that prompts particular individuals of given race to care more about their own than people of race, stated Kennedy. Peremptory challenge is where the jury selection has a right for the attorneys to get rid of a lot of potential juror without to state a reason why. While on the other hand, other potential jurors may be challenged for a cause why...
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...weighty decision is made, one that will either condemn a young man to death or set him free. The twelve strangers are trapped within the confines of the jury room until the goal is achieved. They melt in the hot humidity, which is worsened by the room's stuffiness and by the stress as they grapple with each other and with their responsibility (Lumet,1957). The characters of each of the twelve men was carefully crafted into a particular role within the group dynamics. A complete spectrum of issues among the different characters was developed to add chaos to the group decision-making process. From the bigotry of Juror No.10, to the coldly analytical No.4, each character brought good and bad qualities to the jury room; they all had to be addressed to reach an outcome (Lumet,1957). At the beginning of the movie, as the twelve men sit down to begin the deliberation process, there is no discussion and they decide to begin by a vote of guilty or not guilty. Eleven of the jurors quickly vote ‘guilty’ and try to leave the room. Nobody even bothers to think what their decision means for the accused. Juror No. 4 is too rigid to change and Juror No. 7 just wants to get to a ballgame for which he has tickets, each of the eleven justify why they need to just agree and be gone from this process (Lumet,1957). When a group becomes too confident and fails to think realistically about its task, groupthink can occur. Juror No. 8 doesn’t fall prey to the groupthink error and stands against the...
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... This seems to be the main argument against the death penalty. However the death penalty, a huge controversy on its own, is made even more complicated when we begin to discuss the ideas of race, racism, and other biases. Research shows us that more racial and culturally diverse juries, especially death qualified juries, can help to fight this problem. Education on the research of bias prosecution and the criminal justice system itself may also help combat the problem. A diverse and representative jury should decrease the impact of prejudice United States Supreme Court justice Sandra Day O’ Connor once observed “Conscious...
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...when Collin Brown, 21, fled his home and was shot and killed by another robber, Tacari Minifee. Last year, Minifee and a fellow robber Imere Hall were convicted of first-degree murder and first-degree robbery. They were sentenced to life in prison for murder with a concurrent 25 years for the robbery. Campbell’s trial had a change of venue and was moved to Blackhawk County due to all of the pretrial publicity in Dubuque County, where the crime took place. A December trial in Waterloo for Campbell ended in a mistrial. As I walked into the court room that day, the prosecuting attorney, Douglass Hammerand, was taking his turn at questioning the prospective jury members. He began talking about reasonable doubt. He was asking the prospective jurors if they believed they would have the ability to use the beyond a reasonable doubt standard to decide whether the defendant was innocent or guilty, and reminded them that he is innocent until proven guilty. He added that there is the same burden of proof no matter what the case is. It seemed that most of the individuals understood this and thought they would be able to follow this standard. On the other hand, there were two individuals who were questioning their ability to make this type of decision. One woman in particular was really struggling with the fact that a young man’s future and life could potentially be in her hands. She was weary if she would be able to be confident and comfortable doing this. Next, I observed the defense attorney...
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...crime he committed in the past. Hillery pleaded innocent but was indicted of the crime regardless of the facts simply because the members of the grand jury were systematically excluded of the black race. Clifford Earl Tedmon argued the cause and filed a brief on behalf of Hillery. The Warden (Vasquez) of San Quentin State Prison requested that the Court retire a “doctrine of equal protection jurisprudence first announced in 1880.” He announced to the court that “The time has come for us to abandon the rule requiring reversal of the conviction of any defendant indicted by a grand jury from which members of his own race systemically excluded.” He was “thrice sentenced” to death for the murder in which that sentence was reduced to life imprisonment because the California Supreme Court found that imposition of the death penalty was inconsistent with the California Constitution. Over the next sixteen years, Hillery pursued his Equal Protection Clause until he was able to file for a Habeas Corpus which is a court order to summon a prisoner to hear from a prison official the reason why he was imprisoned for the...
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...Lay People Magistrates & Juries o You need to know: o Qualification; Appointment and Selection and Training; / Role (what they do) o Need to be able to comment upon: o Whether we have cross-representation of society as magistrates and juries o To what extent juries are randomly selected / how to improve selection o Advantages and disadvantages of using lay people in decision-making process. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ∑ “lay” meaning not legally qualified. ∑ Tradition of using non-legally qualified people in the decision-making process in our courts. This is cornerstone of our English legal system: o Fundamental right to trial "by one's peers" o Therefore, we need a cross-representation of society to be magistrates and juries. o [then justice is not only done, but seen to be done.] Selection (picked): Randomly selected from electoral register Selection(picked): Selected for their qualities Requirements: a) Formal requirements: Age: 18 — 65 years (retire at 70 years old) Residence: Within 15 miles of commission area of the court. Minimum Time per year: 26 half days b) Character requirements: [1988 Lord Chancellor guidelines] 6 key qualities good: character / understanding & communication / social awareness / maturity & sound temperament / sound judgement / commitment & reliability. INELIGIBLE: ∑ Those with serious criminal record ...
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...the legal arena is discussed including jury selection, juror life experiences and how it affects their biases, and the impact of the media on their decisions. Jury Selection and Its Importance Juries have the all too important task of making life altering decisions dealing with money, freedom, and many times life or death situations. Therefore, serving on a jury is a very serious and important proposition. Unfortunately, in today’s society it appears that many times juries are selected in a rather casual manner. Many individuals called to jury service, especially those with a higher education or in a higher economic echelon, can find ways to escape their civic duty, while those who are less educated and theoretically less qualified for jury service, end up serving on the jury and making critical decisions. A fairly new trend in jury selection is that of trial consulting, which gained notoriety in the mid 1990’s in the O.J. Simpson trial. The application of scientific jury selection (SJS) was first applied in 1971, and has grown tremendously in recent years for those who have the means to employ such methods. The goal of the trial consultant is to find persons to fill the jury seats who optimally will arrive at a decision that will be favorable to their client. The tools used by the trial consultant include “…community surveys, focus groups, mock trials, pretrial investigations of prospective jurors, and voir dire assistance.” (Cleary, 2005, p.3). ...
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...Issues…………………………………………………………………………………………..5 Analysis of Juror Number Eight……………………………………………………………………………7 Analysis of Juror Number Four…………………………………………………………………………...13 Analysis of Juror Number Nine…………………………………………………………………………...17 Bibliography……………………………………………………………………………………………….19 12 Angry Men Character Listing Juror Number One (Martin Balsam): The jury foreman, he got off to a shaky start. However, he took his role seriously and facilitates voting. He was generally passive. Outside of the jury room he was an assistant high school football coach. Juror Number Two (John Fielder): This shy bank clerk was initially reluctant to participate and seemed intimidated by other jurors. Although he exhibited a tendency toward avoidance, eventually he contributed to the discussion. His opinion was easily swayed and he appeared to parrot other jurors. Juror Number Three (Lee J. Cobb): This small business owner shared the story of his turbulent relationship with his own son. He was aggressive and confrontational, using hard bargaining tactics such as intimidation, threats, and insults to influence others. He was the last juror to change his mind. Juror Number Four (E.G. Marshall): A calm, rational, and self-assured stockbroker, he concentrated on the facts of the case. He remained logical and participated fully in the debate. He did not change his vote until each point had been fully examined. Juror Number Five (Jack Klugman): The youngest juror, he resided in a slum neighborhood...
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...What is the role of the expert witness in the trial and to what extent do such witnesses fulfil this role? In understanding what expert witnesses do, one has to first establish the definition of an expert witness. An expert witness can be defined as “a person who can provide information and opinion from the body of knowledge that makes up their own expertise.” An example of an expert witness would be a psychologist. As a general rule laid by Lord Mansfield in Folkes v Chadd, “the opinion of scientific men upon proven facts may be given by men of science within their own science. In this essay, the term expert witness is going to be put under the microscope, divulging into the many aspects and rules of an expert witness and the opinion they give. A In the Criminal Procedure Rule, it terms an expert witness a person who is required to give expert evidence for the purpose of criminal proceedings, including evidence that is to determine the fitness to plead or for the purpose of sentencing. For example one may call on a police officer that is experience in collision investigations may offer his expert opinion on how the accident transpired. There are also times when an expert witness is not required, where a judge or jury can form his or her own views and inferences without the help of an expert. Expert witnesses can be called to testify on a variety of issues, such as DNA analyses, engineering, architecture, handwriting, fingerprints, psychologists, pathologist, etc. “When...
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...People V. Clark Case # 2008-223042-FC Started March 30th Judge: Shalina Kumar Judge Shalina D. Kumar was an associate of the Southfield based law firm of Weiner & Cox, PLC, specializing in complex civil litigation, medical malpractice and wrongful death actions with extensive trial experience. Judge Kumar graduated with distinction from the University of Michigan with a B.A. in psychology and the University of Detroit-Mercy School of Law. http://www.oakgov.com/circuit/judges/kumar-shalina-pro.html Def Attorney: David Rosenburg Pros: Brett Chudler (toughest case in 18 yrs) Charges: Found guilty on all counts 2 Counts assault with intent to murder or assault with intent to do great bodily harm. 3 counts of being in possession of a firearm while committing a felony. 1 count of being a felon in possession of a firearm. Jury: 14 members 8 female 2 black 10am Came into court and only the defendant and his attorneys where in court with 2 sheriffs deputies and Rosenburg was on his computer playing solitary while his co chair is talking about playing card games in college and some other random things while the client is just sitting there. Pros walks in and Rosenburg says they want to do closing statements because the rest of their subpoenaed witnesses did not show up. Shortly after the judge walks in; jury is not present Pros tells judge that the def att should tell his client he has the right to testify Def att wants to read special instructions to the jury about the...
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...(Slip Opinion) OCTOBER TERM, 2009 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SKILLING v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 08–1394. Argued March 1, 2010—Decided June 24, 2010 Founded in 1985, Enron Corporation grew from its headquarters in Houston, Texas, into the seventh highest-revenue-grossing company in America. Petitioner Jeffrey Skilling, a longtime Enron officer, was Enron’s chief executive officer from February until August 2001, when he resigned. Less than four months later, Enron crashed into bankruptcy, and its stock plummeted in value. After an investigation uncovered an elaborate conspiracy to prop up Enron’s stock prices by overstating the company’s financial well-being, the Government prosecuted dozens of Enron employees who participated in the scheme. In time, the Government worked its way up the chain of command, indicting Skilling and two other top Enron executives. These three defendants, the indictment charged, engaged in a scheme to deceive investors about Enron’s true financial performance by...
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...Chapter 1 1. Regardless of how such rules are created, they all have one feature in common: they establish rights, duties, and privileges that are consistent with the values and beliefs of a society or its ruling group. 2. Primary sources of the Law include: The U.s. Constitution of the various states. Statues, or laws, passed by Congress and by state legislatures. Regulations created by administrative agencies, such as the Federal Trade Commission and the U.S. Food and Drug Administration. Case law (court decisions) 3. Common Law: the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature. Precedent: a court decision that furnished an example or authority for deciding subsequent cases involving identical or similar legal principles or facts. 5. State decisis( two aspects: Decisions made by a higher court are binding on lower courts A court should not overturn its own precedents unless there is a strong reason to do so *Precendents may be dropped because of social or technological changes. *Brown vs. Board of Education: white and blacks did not have equal education opportunities. Separate educational facilities- conclusion 10. preemption: Congress chooses to act exclusively in a concurrent area. 11. federal forms of government: national government and states share sovereign power. *Police powers-fire and building codes, antidiscrimination laws, parking regulations...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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