...Minnesota v. Riff Sarah Clutter, Michelle Capps, Adrien Watkins, Brandie Scott, Marcia Matthews CJA/304 November 14, 2011 Timothy Sullivan Minnesota v. Riff The Minnesota v. Riff court case is complex and has different types of communication involved. In the case, both written and oral communications are presented. During this paper we will discuss the communication used for the prosecution, defense, witnesses, and the judge. We will also discuss the guidelines for each communication in the court case. The duties of the prosecution, defense, witnesses, and the judge are important to every trial. The prosecuting attorney communicates both orally and in writing. The main goal of this attorney is to prove that this defendant is undeniably guilty to the judge and jury. He does this by beginning orally with an opening statement, stating that Ronald Rift did knowingly commit the crime of Breaking and Entering (1) 2911.13 F5; and Burglary (1) 2911.12 F2; on 09/30/11 between 12:10 and 12:20 A.M. This was located at Marquette’s Market 1234 Main St. Midtown, Minnesota 44333. The owner is Speedy Marquette (owner of Marquette’s Market). It is up to the prosecution to share all written evidence with the defense attorney before the trial and to present all evidence against the defendant to the judge and jury. It is also up to this attorney to introduce the witnesses for the prosecution and to examine them orally before the cross examination of the defense attorney. The witnesses:...
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...Minnesota v. Riff The Minnesota v. Riff court case is complex and has different types of communication involved. In the case, both written and oral communications are presented. During this paper we will discuss the communication used for the prosecution, defense, witnesses, and the judge. We will also discuss the guidelines for each communication in the court case. The duties of the prosecution, defense, witnesses, and the judge are important to every trial. The prosecuting attorney communicates both orally and in writing. The main goal of this attorney is to prove that this defendant is undeniably guilty to the judge and jury. He does this by beginning orally with an opening statement, stating that Ronald Rift did knowingly commit the crime of Breaking and Entering (1) 2911.13 F5; and Burglary (1) 2911.12 F2; on 09/30/11 between 12:10 and 12:20 A.M. This was located at Marquette’s Market 1234 Main St. Midtown, Minnesota 44333. The owner is Speedy Marquette (owner of Marquette’s Market). It is up to the prosecution to share all written evidence with the defense attorney before the trial and to present all evidence against the defendant to the judge and jury. It is also up to this attorney to introduce the witnesses for the prosecution and to examine them orally before the cross examination of the defense attorney. The witnesses: Soapy Waters, Otis Ripple, Marty Martini, Betty Bitty, C. Sharp, Guido Concertino, Rusty Fender, and the arresting officer are orally examined by the...
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...Which U.S sumpre court case forced the prosecution must disclose any evidence that the defense request. U.S V. bagley 3. Which work group member has the responsibility of demonstrating to a jury that a defendant is guilty beyond a reasonable doubt? The prosecutor 4.The role of the defense attorney includes all except? Which one of the following. D: representing the state 5:Which U.S supreme court case established the right of counsel for indigent defendants in federal court proceedings? Johnson V. Zerbst. 6. Which U.S supreme court case established the right to counsel for indigent defendants in state felony court . Gideon V. Wainwright 7. Which U.S supreme court case established the right to counsel for juvenile defendants? In re gault 8. The most widely used system in indigent defense is. public defender program 9. List the order of the steps in criminal trial . 1. Opening statement by prosecutor? Plaintiff 2. Opeing statement by defense 3. Direct examination by prosecutor/ plaintiff. 4..Cross- examination by defense 5. Motions 6..Direct examination by defense 7.Cross examination by plaintiff/prosecutor 8. Closing statement by plaintiff/prosecutor 9. Closing statement by defense 10. Rebuttal argument 11. Jury instructions 12. Verdict 10: The federal speedy trial act allows for the dismissal of charges when the prosecution does not seek indictment with in 30 days...
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...elements Conduct Element (Actus Rea) Voluntariness Voluntariness of the accused is the fundamental element that forms the Actus Rea of a crime. In order to determine whether A was in control of his physical actions, the death-causing Act must be recognised. As shown in Ryan v R the death causing action can consist of multiple acts . There was a series of death causing acts in this case – the relevant acts performed by A are the initial arrow wound to the shoulder and then the main death-causing act (according to medical evidence) the head collision with the concrete curb. My opinion is that of all the actions together showed the voluntariness was the “complex of acts” all performed by the accused. I do not have enough information relating to A’s sobriety however it does not indicate that he was under the influence of any alcohol or drugs. In this situation the defence would be arguing his actions were a response of automatism. Due to the fact that A claimed in the police statement that ‘when pulling back the bowstring I lost my balance, the dirt just gave out and I slipped and in doing so reached out reflexively to brace the fall. To rebut I would be more incline to follow the judgment of Murry v R, similar to this case the defendant fully voluntarily put himself in a situation where he could intentionally cause harm . Implying that A had full control over his body when putting the arrow in the bowstring and pulling the bowstring back, even if at this stage he had lost his...
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...actually tried to implement this into law, but the court ruled against it. In the case of Burch v. Louisiana, the court ruled that a unanimous six-person jury was not permitted by the constitution in serious, noncapital cases (Ingram, 2009). Louisiana wished to reduce costs by having a smaller jury, but the court decided that this was an insufficient justification to use a nonunanimous six-person jury (Ingram, 2009). The reason for this decision is because the court claimed that any attempt to introduce nonunanimity in legal equation would threaten the constitutional principles (Ingram, 2009). In conclusion the court refused to move away from twelve person juries. Removal of Prospective Jurors: Proper...
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...types of affirmative defenses that can be used by the defendant. One of the defenses that can be used is that of self-defense. Self-defense is a justification defense, which means that the defendant does admit they were responsible for their acts but they claim what they did was right, under the circumstances. In the cases where this defense is used even if the government proves all of the elements of the crime beyond a reasonable doubt, the defendant still gets to walk because they are not blameworthy. As per the circumstances being studied, the shooting of the husband by the wife, the defense will be trying to use self-defense as the defense in the reasoning of the plea of not guilty. There are four elements that self-defense is made up of: 1. It has to be an unprovoked attack, 2. Necessity, 3. Proportionality, and 4. Reasonable belief. In the case for both the defense and prosecution all of these elements will be looked into. Also I will look at and consider as to whether it could have been considered a preemptive strike or retaliation as neither of those can happen if self-defense is to be used as the justification. Prosecution: Since this case is happening in Kansas the prosecution will have the burden of proof no matter what. This comes from 51.050 Defense – Burden of Proof which states: “The defendant raises self-defense as a defense…….The state’s burden of proof does not shift to the defendant.” There are two ways that the prosecution could go at prosecuting...
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...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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...makes it the duty of the prosecutor to disclose exculpatory evidence to the defense that proves the innocence of the defendant. A landmark case, the Supreme Court’s decision in Brady v. Maryland (1963) established the Brady Rule which would affect the outcomes of Giglio v. United States (1972) and United States v. Agurs (1976). Brady v. Maryland (1963) The argument presented before the Supreme Court by the petitioner John L. Brady was whether the government violated the petitioner’s due process rights by restricting his new trial to the question of punishment. The facts of the argument where based on the suppressed evidence by the prosecution in the Maryland murder trial against Brady. Donald Boblit, Brady’s companion in the commission of the crime, were prosecuted separately. Brady’s trial was...
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...Police Report Shelly Collins Consider communication types for the prosecution, defense, witnesses, and the judge. There are several types of different communication types that are used in the criminal justice process. The witness, prosecution, judge, and the defense, all have types of communication to get their points across effectively. Prosecution The prosecution uses various forms of both oral and written communication throughout the case, they use indictments, police and investigation reports as well as crime scene photographs. Oral forms of communication include presenting the opening and closing statements and arguments to the jury on the case. Oral communication is also shown between the judge, defense attorney, and prosecutor throughout the case. Judge The judge uses both oral and written forms of communication, written forms usually go to the juries which include instructional sheets on how to be a proper juror and written paperwork between both prosecution and defense attorney, which can be anything from a warrant to a bail amount. A judge also listens to the oral statements during the case to ensure the case is handled proper and asks questions or controls the prosecution or defense when needed. A judge may also give instructions to the jury during the case, such as acknowledging a piece of evidence or dismissing one, or dismissing a statement that may contaminate the case and jury. The judge may also hold a person...
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...Kansas v. Cheever Marisa Freeman June 3, 2014 CJ506 Kansas v. Cheever Case Citation 134 S.Ct. 596, 187 L.Ed.2d 519, 82 USLW 4032, 13 Cal. Daily Op. Serv. 13,303, 2013 Daily Journal D.A.R. 16,039, 24 Fla. L. Weekly Fed. S 492 (Westlaw, 2013) Facts In January of 1995, Scott D. Cheever killed Sheriff Matthew Samuels of the Greenwood County Sheriff’s Department at the residence of Darrell and Belinda Cooper in Hilltop, Kansas (The OYEZ Project, 2014). A few hours before Samuel’s arrived at the Cooper home, Cheever and his friend cooked and smoked methamphetamines. Cheever’s friends told him that officers were en route to his location. Cheever made the decision to attempt to flee the scene but realized his vehicle had a flat tire. He returned to the house and hid in an upstairs bedroom with a loaded .44 caliber revolver. He heard footsteps leading towards his location so he stepped out from his hiding spot and shot Samuel’s. While Cheever was walking back towards his hiding spot he shot Samuel’s once again. He made the decision to also shoot a deputy, a detective, and members of the local SWAT team which had also arrived. However only Samuel’s was shot (Westlaw, 2013). History Cheever was charged with Capital murder in Kansas. Soon after the Kansas Supreme Court determined that the state’s death penalty scheme was unconstitutional. The prosecutor’s chose to dismiss their charges to allow the federal authorities to prosecute him utilizing the Federal Death Penalty Act of...
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...this memorandum is whether or not a person is capable, by law, to intentionally and premeditatedly commit homicide while Intoxicated; since this is usually considered involuntary or reckless, manslaughter. Under Virginia law, murder is defined as "the unlawful killing of another with malice aforethought." Stapleton v. Commonwealth, 123 Va. 825, 96 S. E. 801; Premeditation, or specific intent to kill, distinguishes murder in the first from murder in the second degree; proof of this element is essential to conviction of the former offense, and the burden of proving it clearly rests with the prosecution. Shiflett v. Commonwealth, 143 Va. 609, 130 S. E. 777; Jefferson v. Commonwealth, 214 Va. 432, 201 S. E. 2d 749. Joe a resident of Norfork, Virginia, is angry with his boss, Jerry, because he has just been fired. Joe goes to a bar and drowns his sorrows in 4 pints of been. Joe leaves the bar with a new degree of “liquid courage.” He goes into the hardware store and purchases a knife, he then staggers straight to Jerry’s house. He bursts into Jerry’s house, hunts down Jerry, and kills him with the knife. Joe is arrested and tried for first degree murder. The prosecution alleges that the murder was premeditated and announces that it will be seeking the death penalty for Joe. Joe claims that although the murder was planned and voluntary, he was so drunk that he could not have properly formed the intent to kill and should therefore not be subject to the murder charge. According to Virginia...
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...sixth amendment rights were being questioned but also his fourteenth amendment rights. This is when the Swain v. Alabama case was discussed. The courts stayed firm on their decision stating that the defense must prove that there was an absence of fair cross section as a result of discriminatory challenges over an extended time frame (Beckley). The court reviewed the case from the Jefferson Circuit Court in Kentucky and confirmed that the conviction was accurate based on the evidence and witness statements. They also chose not to depend on the Swain case as a reliable argument made by the defense. The courts also felt that the judgment from the previous hearing was justifiable based on the voir dire process...
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...would have to wait until trial start and find a bail bondsman to get a release. “Bail property or money given as surety that a person released from custody will return at an appointed time. The person who agrees to be liable if someone released from custody does not return at an appointed time.” ("Thefreedictionary.com",). It can work in many ways. If you don’t have the money, you could use your house or car as collateral for payment. If you do not pay the money the house and the car are consider payment. According to "Http://www.lawhandbook.sa.gov.au”, “Preliminary examinations the prosecution must present to the court what evidence they have to indicate that the defendant is guilty of the charge. The prosecution must persuade the magistrate that there is a sufficiently strong case against the defendant to put the defendant on trial before a jury.” In the James Holmes case, the prosecution has to make a case for the trial to go to the...
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...Introduction Under the 6th Amendment of the Constitution the right to counsel is applied. The criminal defendants have a constitutional right to an attorney. If you cannot afford one, the government will provide you with a representative appointed by the court who is deemed necessary to handle your case. However, the 6th Amendment does not apply at the moment of arrest unless; the government has already filed former charges. The right to counsel is given at a critical stage of prosecution in which advice of counsel is necessary to ensure the dependence’s rights to a fair trial. This also always the ability for a plea bargaining to be issued if the prosecutor feels that their is overwhelming evidence and a court case should not be needed. Right to Counsel Background Powell v. Alabama (1932), also known as the Scottsboro case, involved several African American boys ranging from the ages of 13-17, whom were accused of raping two white women. The defendants were convicted and sentenced to death in a quick trial without an attorney. This took...
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...the seventh President of the United States under the Constitution, has been impeached in the House of Representatives (not really, this is fictional – JACKSON WAS NOT REALLY IMPEACHED). He will go on trial in the U.S. Senate on July 1, 1838. Here are the charges against Jackson: • Violating the rights of Native Americans, especially in his treatment of the Cherokee and Creek Indians • Stepping on state’s rights in his economic policy and his behavior in the nullification crisis • General bad character You will work in groups I assign for the trial. Here are the group assignments: 1. Prosecution Indictment #1 (arguing against Jackson) 2. Prosecution Indictment #2 (arguing against Jackson) 3. Defense Team Indictment #1(arguing for Jackson) 4. Defense Team Indictment #2(arguing for Jackson) 5. Andrew Jackson, witness for the defense Indictment #1: President Jackson violated states rights in his dealings with South Carolina in the nullification crisis. 6. Witness group: South Carolinian Nullifiers led by John C. Calhoun 7. Witness group: Opponents of Nullification Indictment #2: President Jackson violated laws, treaties, and court orders in his dealings with Native Americans. 8. Witness group Native Americans led by Osceola 9. Witness group: Supreme Court led by John Marshall Each group will be given a reading packet with information on your group (Packets on my website, too). Here are your tasks: ...
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