...Case Briefs Set #1 Case: Palko v. Connecticut Cite: 302 U.S 319 (1937) Vote: 8-1 Opinion: Cordozo Facts: • Frank Palka robbed a store and killed two police officers in the process. • He then confessed to the killings after being apprehended and arrested in Buffalo, New York. • At his trial his confession was refused to be admitted by the judge and Palka was found guilty of the lesser charge, second-degree murder and received a mandatory life sentence. • State prosecutors appealed to the Connecticut Supreme Court of Errors, which reversed the trial judge decision to leave out Palka’s confession. • Palka’s attorney objected stating that a new trial violated Palka’s Fifth Amendment, prohibition of double jeopardy. • Palka was eventually...
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...Crime and Punishment Jessica Maxa 08-06-2012 Colorado Technical University Ms. Lisa The 5th amendment of the United States Constitution says introduces us to the double jeopardy clause. It is stated that no defendant shall stand trial more than once for the same charge brought against them. A defendant is put in jeopardy as soon as the jury is sworn in. If the case is dismissed then a new trial may be deemed necessary. Double jeopardy protects defendants only for retrials brought within the first jurisdiction; this meaning a defendant can be tried in federal court after being tried in state court. The double jeopardy clause will give the defendant a guarantee that they will not receive more than one punishment per offense (Legal Information Institute, 2010). In the United States a defendant has the right not be testify in his or her jury trial; this is a privilege made to us as citizens by the 5th amendment. The client with the help legal advice from an attorney should weigh this option heavily before making this decision. There are a few reasons that the defendant should not take the witness stand they are things such as If the defendant has previously been convicted of a crime, the prosecutor may be able to bring this fact to light which will lead to discrediting the character and reputation of the witness. Some defendants have a fear of speaking in public which could impair the ability to get out what they are trying. A jury may not believe a defendant, who, though...
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...The Criminal Justice Process Edith Lewis Criminal Law & Procedure (BLJ1442A) Agustin Pena November 15, 2014 The Criminal Justice Process Even though the defendant can be found guilty at his trial he, has the right to to file an appeal to see if legal errors occurred which could possibly affect the outcome of the verdict or the trial. The first step in the criminal justice process is the investigation and plea negotiations begin after the defendant is charged and a trial is set when the plea negotiations fail. The defendant has an arraignment hearing where he is allowed to enter a plea of guilty, not guilty, or no contest. In this step probable cause is established with the evidence that is gathered so that an arrest can be made. Each state has their own way of processing felony criminal charges in a state court. They have their own procedures and rules that describe the criminal justice process for their states. The first step in the criminal justice process is the investigation. Before an arrest can be made in a crime, a crime must be committed and reported so that an investigation can be initiated. The Criminal Justice Process, 2014 noted that, “During the investigation the investigating officer seeks to obtain a search warrant if there is enough evidence in a particular location” (The Criminal Justice Process, 2014). When the investigators submit the information to the judge, the judge decides if there is “probable cause” to issue a search warrant for...
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...Critical Thinking –Chapter #19 Assignment #2 7/25/2010 1. Describe a crime. Who are the parties to a criminal action? A crime is any act done by a person in violation of those duties that he or she owes to society and for the breach of which the law provides a penalty. The parties in a criminal action are the plaintiff which is the government represented by the prosecuting attorney and the defendant who is the person or business accused of the crime. 3. Describe the difference between the following classifications of crimes: felonies, misdemeanors and violations. Felonies are the most serious of crimes, usually punishable by imprisonment, whereas misdemeanors are less serious crimes that are punishable by fines or less than 1 year in prison. Violations are not felonies or misdemeanors and the penalty is usually a fine. 4. Define Actus Reus? Define Mens Rea. What is a non-intent crime? Give an example. Actus Reus- guilty act Mens Rea- state of mind, evil intent A non-intent crime is a crime that imposes criminal liability without finding intent or mens rea. A death of a pedestrian due to a person’s reckless driving would be considered a non-intent crime. They could be found guilty of involuntary manslaughter and sentenced to prison. 5. What is the difference between criminal and civil law? What is the jury vote required for each? What is the standard of proof for each? Civil Law- Action is brought by a Plaintiff, trial by jury, except in actions...
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...First 10 Amendments to the Constitution • . 1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. • • • • • • This means that we all have the right to: practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press) QuickTime™ and a TIFF (Uncompressed) decompressor are needed to see this picture. 2nd Amendment • The 2nd Amendment protects the right to bear arms, which means the right to own a gun. 3rd Amendment • The 3rd Amendment says “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” • This means that we cannot be forced to house or quarter soldiers. 4th Amendment • The 4th Amendment protects the people from unreasonable searches and seizures. • This means that the police must have a warrant to enter our homes. It also means the government cannot take our property, papers, or us, without a valid warrant based on probable cause (good reason). 5th Amendment • The 5th Amendment protects people from being held for committing a crime unless they are properly indicted, (accused) • You may not be tried twice for the same crime (double jeopardy) • You don’t have to testify against yourself in court. (Self-incrimination) 6th Amendment • The 6th Amendment guarantees...
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...Burden of proof: described as a fact that is legal established in order to get a party's point across 1) Discuss the differences in burden of proof under criminal and civil law. Criminal law: The Burden of Production: The burden of proving the defendant's guilt is up to the prosecution, and they must establish the fact beyond a reasonable doubt. A prosecution is the attorney charging against the person committing the crime. Reasonable doubt is making sure that the prosecutor has no lack of evidence for the jurors. Civil law: Burden of Persuasion: The plaintiff has the burden of proving his case by a preponderance of evidence which is only needing 50% proof that the defendant is guilty. When a case is lawful, all evidence must be presented...
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...The 5th Amendment: The fifth amendment was created September 25, 1789 but ratified on December 15, 1791.The fifth amendments limits the government’s prosecution of accused crimes.It protects against self incrimination which is the act of exposing oneself to a charge of crime. Self incrimination results from heavy interigation or one might volunteer the information. No person should be charged with a crime without a right to grand jury which is court. The fifth amendment forbids double jeopardy which means a person can not be prosecuted for the same offense twice. It also establishes due process which is the fair treatment through the judicial system. The 19th Amendments: The nineteenth amendment was created on August 18, 1920. It declared the...
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...gave them the power to operate. Since the Bill of Rights was created in 1791 it had to be added or incorporated into the States relations with its citizenry, the original version was for the federal governments dealing with State Citizens. Knowing that tyranny was only a step away from that in power or in commerce this Bill has the power to keep the authorities in their respective place and adhere to the rules of procedure. Criminals have certain protections of the bill of Rights also, as they are citizens of the several States or the Federal government, being under the protection of this document it affords them a myriad of guarantees that a State cannot use. The most important right given is the right to remain silent which is the 5th Amendment. This is important because the authorities will use what is stated by a defendant against him or her with no regard as to the effect it will have on the case or whether it is prejudicial, they will use all information gathered against the defendant. Most criminals when arrested do not invoke this right and are thus condemned by their own words called a confession. The next right is the ability to confront the witness to the alleged crime be it a federal official, a state official or...
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...Bill of Rights Unit 1 Lonzo Davis AIU Online Bill of Rights Unit 1 Lonzo Davis AIU Online The main overview of the bill of rights pertaining to criminal defendants in the 4th-6th and 8th Amendments is discussing what rights Americans can claim if they are accused of crimes. The 4th Amendment is the search and seizure. That is to stop the government from making general search and seizures of property. The 5th Amendment forbids double jeopardy, which is the act of bringing a person to trial a second time for the same crime (http://www.ushistory.org/gov/10c.asp). It also prevents a person of being convicted or accused of a serious crime without a grand jury investigation. The 6th Amendment also known as the right to counsel is the guarantee that a person accused of a crime have the right to a defense lawyer. The last one is the 8th Amendment which is cruel and unusual punishment. This Amendment prevents someone of suffering cruel and unusual punishment rather it’s a certain type of death penalty or a harsher sentence/punishment than the crime the person committed (http://www.ushistory.org/gov/10c.asp). One example of how the 8th Amendment affected procedures in the courts is, in 1972. Up until then the courts did not challenge the death penalty. In 1972 the case of Furman v. Georgia; the Supreme Court stated that capital punishment was not cruel and unusual punishment, but it has to be carried out in a fair and consistent manner (http://www.ushistory.org/gov/10c.asp)...
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...Written assignment #1 Written Assignment # 1 Written Assignment # 1 List several powers of the legislative, executive, and judicial branches of Government. 1. The Executive Branch of the Government is listed as the Office of the President of the United States, the Vice President of the United States and the elected cabinet members of the Department heads of the 15 major departments of the United States. The primary powers of this branch are as follows: The president can call for a special election when a state representative vacancy presents itself. Make senate appointments in light of resignation until the next assembly. The vice president holds the office of president of the senate; but without a vote; unless there is a tie. The President has the power of approval or veto of bills presented by congress. The President is the guardian of the Constitution. The President presides as The Commander In Chief of the armed forces. He has the power to grant pardons. He has the power to make treaties if ratified by 2/3 majority of congress. He has the power to appoint ambassadors and departments of state, and to appoint Justices to the Supreme Court. The President may also convene either or both houses or adjourn them as he sees fit. 2. The Judicial Branch of Government is made up of the Supreme Court. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. It also...
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...Arizona in 1966. But it refers to the Fifth Amendment right that protects against self-incrimination, or "the right to remain silent". (Cornell) Amendment V “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (Mount 2010) Basically, the 5th amendment is to protect people in situations from getting in trouble it even protects ignorant suspects from incriminating themselves. In particular, it stops you from having to speak to the police or testify against yourself before a court, so it is best to keep your mouth shut until you have a lawyer. It also says that the government has to have a reason for arresting you and that you have the right to a trial with a jury, that you cannot be charged with capital a crime (murder) without a Grand Jury's permission, except in cases when you’re in the military while under service in wartime or public danger, the military goes by a different set of rules. The 5th Amendment also says that you cannot be tried again...
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...disparity “in the jury selection process”. In this paper we will address the processes and cases that have helped control the systematic discrimination of the court process, how the jury nullification is used in relation to diversity, as well as discussing the use of peremptory challenges to jury selection and the impact on the jury composition. In order to fully discuss these issues you must first know the definition of disparity. Disparity is defined as inequality were things are different or not equal. The disparity that is explained by the author is in reference to how African American and Mexican Americans were excluded from the process of jury selection but was found to be protected according to the Equal protection Clause in the 14th Amendment. It states that they cannot be prohibited from serving on a jury. In the beginning jury selection was geared toward white males only. The process of jury selection is usually compiled from two major sources of voter registration cards and driver’s license. One case that represents the control of the systematic discrimination is the case of the Scottsboro boys. Nine African American boys were accused of raping two white girls on a train. The boys were convicted of a capital offense. In the first trial case there was no counsel to represent the accused. Eight of the accused was sentenced to death. They appealed and the Supreme Court reversed the decision citing that due process was by law not afforded to them. Later they were retried after...
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...The process of criminal procedure involves regulations, which aid the order of procedures the government authorities use to apply criminal laws. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendment, and the Supremes Court understanding of the constitution are important for the study of criminal procedures (Zalman, 2008). The Federal Rules in criminal procedures ensure citizens’ rights to due process, right to a fair trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law enforcement...
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...Criminal Justice Procedure Amber Irwin Michiels CRJ306 Instructor Petrov July 31, 2013 Criminal Justice Procedure The criminal justice procedure involves a number of steps that must be taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for...
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...Due Process Paper Cynthia Casillas CJA224 February 8, 2012 Carl Heintz Due Process Paper The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved...
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