...Jurors play a vital role in the United States court system. In criminal cases, jurors are responsible for determining the guilt or innocence of the individual. In other criminal cases, especially those pertaining to capital offenses, jurors help determine the sentencing of the defendant. In civil cases, the jurors primary goal is to determine whether the defendant is liable or not. The method of selecting a jury is meticulous process. The process in which an individual is selected is known as voir dire. During voir dire, an assortment of questions are asked to determine an individual’s qualifications for serving on the case. It is crucial that those selected are unbiased. To help ensure the fairness and competency of those selected, social...
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...case, victims and defendants who are having their sides of their story told for vindication or punishment. (Meyer, Grant 2003). A prosecuting attorney has the trusting responsibility of preparing and presenting cases on behalf of societies on federal and state levels. In these cases, society is the victim of the wrongdoing and the accusers are confronted by the governments ‘ministers of justice’ whose purpose is to ensure the guilty are punished for their crimes and the innocent are protected from unjustified prosecution. There are different types of prosecuting attorneys that are selected in a variety of ways. The U.S. Attorney General holds the highest ranking position of law enforcement in the country. Selected by the president of the United States, this position is confirmed by the senate. The Attorney General has no set term to serve and does so at the pleasure of the sitting president currently holding that office. Of the 94 federal judicial districts, an attorney general is appointed to each to act as the chief prosecuting attorney. At the state and county levels, district attorneys are mostly elected into their positions by the voting process while a few states choose to have their D.A.’s appointed by that states governor. (Meyer, Grant 2003). The defense attorney has the role of providing their clients with a defense good enough to win a favorable verdict in the case brought...
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...Individual Jury Trial Analysis Brad Phillips October 16, 2013 In the United States criminal justice system, there is a process that must be followed in order to not only charge a person with an offense or crime but also in order to submit that person to a criminal court trial. When an individual is charged with a crime there are steps that a law enforcement officer must take in order to make a legal arrest but the process does not end at that point as there is also significant steps that must be taken before a jury trial begins. Each of these steps is significant and vital to the criminal justice system as they each protect against corruption, abuse and violation of individual rights. After examining each step on its own merit it is much easier to observe how each of these steps plays its role apart and in relation to the other steps in the process. The first step in the jury trial process is the act of initiating a trial. This is the step in the process wherein a hearing is held to determine the specifics of the trial. The judge will determine if the defendant is competent to stand trial and also rule on any pretrial motions that have been made. In addition, if the trial is taking place in a state that has Grand Jury requirements, it is during this phase that the Grand Jury meets to decide on evidence and if there is sufficient justification for the trial to continue. The second step in a jury trial is the selection of the jurors. This is not always the next...
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...Justifying Reforms in the Ways States Selects Jurors to Insure Fairness to All. Joanne, Bartlett AIU Online Justifying Reforms in the Ways States Selects Jurors to Insure Fairness to All. The Supreme Court has always defended it law that a defendant is not entitle to a jury composed in whole or in part of persons of his or her own race. But they do not stop states from doing so on their own. Some law maker has suggested that names of majority races jurors be removed from the jury list and others that a certain number of seats on jury are set aside for racial minorities. The only way to justify the use of removing the names of majority race jurors from the jury list might be to have them to really take a good look at how the jurors are selected so they can see that under current law it is impossible for African American, Latinos, and Asian American to really be judged by juries of their peers because of the way that the jurors are selected. A nonprofit law organization by the name of Equal Justice Initiative took a close look at jury selection procedures in about ten states and found out that African American is underrepresented in jury pool in 75% of the counties in the United States Latinos and Asian Americans are barred in 90% of counties (Equal Justice Initiative). This lack of racial diversity and the law in the selecting of jurors make it impossible for racial minorities in places like Cumming Ga... Which have been an all-white county for decades (Los Angeles...
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...Justice Process for a Felony Criminal Law & Procedure CRJ 306 February 11, 2013 Felonies are one of the worse crimes a criminal can commit. The worse punishment for a felony is death. Felonies range from murder, rape, assault, battery, larceny, robbery, arson, and burglary (Wallace & Roberson, 2012). When a criminal commits a felony there are always victims. The sentencing of someone that commits a felony is a daunting process from the police investigating of the crime, to the court hearings when the judge or the jury decided if the criminal was guilty or not guilty, then the sentencing process must take place. The whole process is a long and time consuming process. When someone is caught committing a felony there is an investigation by local law enforcement. The local law enforcement will start an investigation on the crime and start collecting evidence for the criminal’s court trial. Depending on the crime the crime there may need to be a search warrant for the local police officers can search either the premises or the criminal’s person. If the investigating team from the local law enforcement needs a search warrant the lead law enforcement officer will need to provide a judge with solid probable cause for investigating the premises or the criminal’s person. There is a time limit after offense is committed. Most federal crimes have a statute of limitations of five years from the date of the offense. Our book indicates that in most states a felony...
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...2012 Professor Tom Reardon The method of conveying, sustaining, and defending a lawsuit in a court of law is litigation or judicial dispute resolution (Cheeseman, 2010). Litigation something that can be lengthy and time consuming. Alternative Dispute Resolution or ADR is something that was thought of to reduce the need for lawyers and also as a way to solve problems before a trial. ADR offers a less expensive way to resolve contract and commercial disputes while minimizing the business risks associated with traditional litigation. The litigation process is time consuming because of the different phases of the process. The first phase is the pretrial litigation process that involves pleadings, discovery, dismissals and pretrial judgments, and settlement conferences (Cheeseman, 2010). Trials usually consist of selecting a jury, the lawyers making their cases, closing the case and waiting for the jury to make a decision. This process can take months to years making it time consuming and expensive. Alternative Dispute Resolution (ADR) offers a quicker and less expensive method of resolution for the organization. ADR lets a third party negotiate and come up with a resolution prior to a trial or in place of a trial. ADRs most common form is arbitration (Cheeseman, 2010). Parties chose a neutral third party to decide the dispute. Parties are often bound in advance to agree to the arbitrator’s decision. Mediation is one of the best-known forms of ADR. Mediation involves a...
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...Political and moral stands have influenced the jurors’ views on moral guilt and blameworthiness of the offender based on his capability of failing to take into account the damage caused by the offense. The line for delivering a death penalty should be drawn based on the juror’s ability to process the evidence and separate their political affiliation and beliefs (Lanier & Acker, 2004). Majority of the republicans with punitive and vengeful attitudes towards criminals believed that the death penalty is a deterrent. Democrats who supported the death penalty believed that it is a cheaper punishment compared to life...
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...Jury Trial Analysis Jaynice Harden March 16, 2015 CJA/364 Criminal Procedure Shane Krauser Jury Trial Analysis In today’s society, there are many people who know what a jury trial is and what is expected in the process of a jury trial. They may also know why the process is important and very necessary as it protects the citizens of the United States. The part that some people may not know about is the process that is taken during the pre-trial phase. Any and every individual that has been accused of wrong doing have the right to a fair trial. In addition, everyone has the right to an attorney to help then fight and understand the legal side of the defense. A jury trial can consists of 12 adjudicators which as selected at random that will take all information into consideration and decide upon the facts of the civil or criminal case. Criminal cases are more serious than civil cases. “In this case, serious offense refers to offense carrying a punishment of over six months (Gaines & Miller,2011). A jury trial consists of six steps that must be followed in order to ensure a fair trial. The prosecution as well as the defense is very needing of these steps in the criminal justice system. If it should happen to be a violent crime then a fair and impartial jury would have to be the ones to give the prosecution the verdict. However, if it turns out that the accused is not guilty then the accused have the right to due process and a fair trial. A jury trial is very important...
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...Amendment it states that; “…the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States” (Staff 2010). This means that any trial a person may have a trial by their peers if they choose too. The jurors make the decision in whether or not the criminal will go to jail. Even though jurors have the right to decide if the criminal will go to jail should they have the right for the criminal to be given the death penalty, this is called being a death-qualified jury. A death qualified jury “refers to a jury dealing with criminal cases where death penalty is the most prospective sentence” (). There are two types of jurors that come and go within this situation. The first is a juror who is “not categorically opposed to the imposition of capital punishment” (). The second type of juror is one who “does not believe that the death penalty must be imposed in all instances of capital murder. A major difference with these two jurors is capital punishment and capital murder. Capital punishment is when a person is legally authorized to say that someone should be killed for the crime they committed. Then there is capital murder which “means murder for which death penalty may be imposed” (). Some people believe in capital punishment because some crimes are heinous that the criminal deserves to die. Others believe that since they are saying the criminal should die then they are killing the criminal. When selecting jurors for...
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...in sentencing does not exist; however, substantial proof in the criminal justice system proves otherwise. According to statistics of Marc Mauer, “unprecedented rise in the populations of prisons over the past three decades is a six fold increase, resulting in the incarceration of nearly two million Americans.” The breakdown of statistics is as follows: “One in every eight African-American male groups between 25-34 year old is a result of incarceration and 32% of African-American males born to society can expect to spend a term in a federal or state prison if the current racial disparity continues” (Mauer, 2004, p. 79). Four reasons of Racial Disparity The four reasons for the flourishing continuance of racial disparity in the criminal justice sentencing process are ineffective assistance of procedural bars, and council, jury selection and venue, prosecutorial discretion, and juror racism (Tabak, 1999, p. 6). Research documenting states like New York and California prosecutions have board spectrums concerning discretion seeking capital punishment; however, these four reasons apply to cases, which capital punishment is sought. “Capital punishment can be sought for intentional murders which individual may commit during the course of a felony and the intent to commit murder can be formed instantaneously before the killing without premeditation” (Tabak, 1999, p. 6.) Ineffective assistance of procedural bars and counsel is a reason for the existence of racial disparity because...
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...Alternative Dispute Resolution is to mitigate the cost of discovery and to facilitate the quick resolution of a case. Alternative Dispute Resolution process is mostly chosen over trail in these cases because it is less formal, and it allows clients to have more control over the results of the case (Cornell University Law School). As stated previously there are many different types of Alternative Dispute Resolution cases throughout the United States. The two most common cases are mediation and arbitration. Mediation is very informal and the most common alternative to litigation. Mediation is when both parties get together with their lawyers and a highly trained mediators. Mediators are trained negotiators According to Cornell Law School; mediation is used for a wide gamut of case-types ranging from juvenile felonies to Federal Government negotiations with Native American Indian tribes. Mediation has also become a significant method for resolving disputes between investors and their stockbrokers (Cornell University Law School). The other most common form of Alternative Dispute resolution is arbitration. Arbitration involves a panel of three attorneys who evaluate both sides of the case and recommends a settlement amount. Usually each party selecting one lawyer and the two lawyers select the third selects the three lawyers. This process also allows fore more of an accurate and more creditable decision to the settlement outcome. With arbitration the defendant or plaintiff has...
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...Guam Unified Court System Research Paper for Judicial Process Instructor: Doctor Elberg By Donna Halbrook Guam Unified Court System The Judiciary of Guam is pleased to join the United States of America as the fifty-first state. The newest chapter of our judiciary journey begins with some major objectives in mind. One of these objectives is to increase access to justice for every member of our community. Another major objective is to ensure the Judiciary serves as a model of good governance. We will promote accountability, performance, and transparency (Torres 2010). The new court will be a unified court system, very serving and strong at the foundation levels where we meet the people at. We will start at the foundation and build to the highest court, the State Supreme Court of Guam. Supreme Court Court of Appeals [Problem Solving Courts] Foundation Courts Foundation Courts: Problem Solving Courts | Village Court | Trial Court | Family Court | Village Courts The Village Courts will play a vital role in the Guam State Unified Court System. These courts have broad jurisdiction and they hear both civil and criminal matters (New York State Office of Court Administration 1996-2011). In Guam, this will be for the smaller but very numerous legal affairs of our citizens. There will be a Village Court associated with each of the four police precincts, thus embracing the entire population of Guam. The offices and chambers for these courts will be in close...
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...Austin Day Criminal Justice 1010 Capital Punishment: Execution by the State 12/8/2011 History of the Death Penalty The first death penalty laws date back to the Eighteenth Century B.C. The death penalty was punishable for 25 different crimes. The death penalty also dates back to the Fourteenth Century when it was punishable for any kind of crimes. In the Fifth Century, death sentences were administered by ways such as drowning, beating to death, burning alive or even crucifixion and in the Tenth Century A.D. hangings became the main method of execution. During the Sixteenth Century, under the power of Henry VIII, 72,000 people were executed by boiling, hanging, beheading, and boiling. People were executed if they had failed to report a crime or committed treason. During the 1700s, even small crimes were punished by death. These crimes included stealing or even cutting down a tree. A total of 222 crimes were punishable by death (“Part I: History of the Death Penalty”). Capital punishment in America was heavily influenced by Britain. When settlers came to the new world, they brought the form of capital punishment with them. Captain George Kendall was the first recorded execution in the United States for being accused of being a spy for Spain. This occurred in 1608, while in 1612 the Divine, Moral and Martial Laws were created, allowing capital punishment to be enforced for the smallest of crimes such as trading with Indians. The death penalty varied from colony to...
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...on some of the reasons why racial disparity exists within sentencing. One of the research methods used in this paper will be case studies. In society today there are a diversity of citizens, of offenders, and leaders within in the court system. However, race still plays a big role in the Criminal Justice system especially during the sentencing portion. Although racial dynamics may have changed over time, race still exerts an undeniable presence in sentencing process. This ranges from disparate traffic stops due to racial profiling to imposition of the death penalty based on the race of victim and/or offender. (The Sentencing Project, 2005). Here in the United States, African Americans criminals are over represented compared to their number in the general population. According to (Calderon, 2006) “the idea of a racially discriminatory process violates the ideals of equal treatment under law as well as under the constitution that these laws were based on.” Racial discrimination within sentencing is often a complex process, along with other factors, as well as producing racially discriminatory outcomes in certain situations. Racial discrimination has been a big part of this country for a very long time and just because things have started to change it does not mean people’s perception have changed. However, people who are in a position to hand out a sentencing may still believe this way, even though the world may change, not all people do. Some blacks or Latinos who...
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...Street Law for Youth Courts © 2006 A JURY OF YOUR PEERS: WHAT IS THE ROLE OF DIVERSITY IN JURIES? OUTCOMES As a result of this lesson, students will be able to: Identify the skills, experiences and values essential for ideal jurors Explain the popular concept of “a jury of your peers” and describe its application in youth courts and adult courts Define diversity and discuss the benefits of a diverse jury Define terms such as: grand jury, petit jury, summons, jury pool, jury venire, voir dire, removal for cause, peremptory challenge Describe the right to a jury given by the United States Constitution Explain why the jury system is important in a democracy, especially in a pluralistic society MATERIALS NEEDED Chalkboard and chalk or flipchart paper and markers (Optional) Several samples of help wanted advertisements. The ads should describe the type of candidate the employer is seeking. The particular job does not matter. HANDOUTS 1 Help Wanted (enough for each student) 2 The Rights to Juries According to the U.S. Constitution (enough for each student) 3 How Are Petit Juries Selected? (enough for each student, plus an extra copy) 4 Options for More Diverse Juries (enough for each student) 5 News Flash! (enough for each student) A Jury Of Your Peers 91 Street Law for Youth Courts ©2006 TRANSPARENCY OR POSTER (Optional) Strauder v. West Virginia PREPARING TO TEACH THIS LESSON Prepare the materials listed above. Write up and post the outcomes of the lesson. Write...
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