These cases are typically decided by one judge, however a three-judge panel may be used in particularly complicated cases. A panel of three commissioners is used to hear crime victims ' appeals of decisions made by the attorney general. The commissioners are appointed by the State Supreme Court. Anyone who is unhappy with the outcome may appeal the decision to a judge, after which no further appeals are allowed. If the complaint regards a matter involving $2500 or less, a clerk or deputy clerk may make an “administrative determination” which may be appealed to a court judge whose ruling is final.
According to Alkon (2014:12): Plea bargaining is based on informal negotiations. For plea bargaining to function, prosecutors need to have the discretion to decide when to offer plea bargains and what the offer should include. This can lead to different legal outcomes for otherwise similarly situated defendants. Some variation in sentencing is inevitable, even where all parties have followed the law and acted in good faith in negotiating pleas. However, plea bargaining can be used to cover disparate sentencing due to systemic problems like political interference in the legal system or corruption.
Due to "survivor statutes," you may be able to continue with the personal injury suit in place of the deceased. Though this is a different lawsuit entirely, it may end up being combined with the wrongful death suit into one case. Common Reasons for Wrongful Death Lawsuits There are a number of different reasons for filing a wrongful death lawsuit in Arizona. This includes accidental death in an automobile accident, death caused during the course of a crime, death due to an accident at work, or medical malpractice. A poignant recent example of the latter occurred in various Phoenix VA Health Care System facilities.
A person’s right to have a lawyer and having a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”). Public defenders, or lawyers appointed by the court, provide representation in court without cost to the defendant. Fifty years after the ruling, public attorneys has been under scrutiny by both lawyers and clients. Said counsels are known for facing underfunding and unmanageable caseloads, while their clients claim that they are poorly represented in court.
Can the state try you twice for the same crime? Well that is where Double Jeopardy comes in under the protection of the Fifth Amendment. Double Jeopardy basically means that the court can’t find a defendant guilty for the same crime twice. There are several reasons why there is double jeopardy protection. First to protect that person from financial, emotional and social repercussions.
An example is when his attorney is representing the defendant’s “co-defendants” who are charged with participating in the same crime with the defendant The judge assigned for the hearing to approve the defendant’s guilty plea was involved extensively in the plea negotiations, or maybe even came up with the plea deal itself, and the defendant fears the judge’s retaliation if he doesn’t take the deal The defendant isn’t mentally competent at the time he agrees to the plea, for example, due to a developmental disability, intoxication or influence of narcotics What
Discrimination or suspected discrimination can elicit anger or frustration; however, many people may not know the forms it can take and the reasons it happens. Racism and sexism are common forms of discrimination, yet colleges may hold prejudice in many aspects. In addition, discrimination could be the result of a lingering fear of a court case regarding discriminatory actions and prejudices. Therefore, evidence shows that discrimination takes on many forms and is the result of several different causes. Affirmative Action is a major concept in the college application process, yet it may not be entirely understood.
Certain people may not meet the criteria as they may be ineligible or disqualified from jury service. Before the Criminal Justice Act 2003 (CJA 2003) was passed, certain people such as police officers, barristers and lawyers were all ineligible for jury service, however this act stated “every person shall be qualified to serve as a juror in the Crown
Unfortunately, a lot of innocent people get locked up for crimes they did not commit. Unfortunately, a handful of people have been executed for crimes they did not commit. Imagine being the accused and knowing damn right that you are innocent and trying your hardest to show the law your innocence yet losing the battle. Sometimes, you're innocence is proven or at least believed by a jury. Other times it takes investigations by institutions like the Innocence Project to prove your innocence.
A criminal defendant who is found to have been legally insane when he or she commited a crime may be found not guilty by reason of insanity. In some cases, the defendant may be found guilty but sentenced to a less severe punishment due to a mental impairment. In states that allow the insanity defense , defendants must prove to the court that they did not understand what they were doing, failed to know right from wrong, acted on an uncontrollable impulse or some variety of these factors. It is very difficult to prove that insanity exits and there are cases where people are used for insanity that are really not insane. I believe that pleading insanity should be abolished.
There are many issues associated with plea bargaining. The accused could benefit with the possibility of a reduced or combined charges, reduced attorney fees, and the chance of a reduced or shorter sentence that may be imposed by going to trial. Plea bargaining can also give the prosecutors the ability to convict the accused even if they have a weak case and there is question whether or not they can get a conviction. It also will save time and resources necessary for trial. This will apply to defense attorneys as well, they may be unsure of their ability to get an acquittal for their client; however, in some cases the accused many know in his heart that he is innocent and want to go to trial.
Therefore, many defendants choose to enter a plea bargain agreement with the prosecution. What is Plea Bargaining? A plea bargain is an agreement between the prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to a lesser charge or to the original charge with less than the maximum sentence. For example, the prosecution and the defense may agree to a misdemeanor charge instead of a felony charge or the parties may agree to a sentence of 12 years instead of 20 years if the recommended sentence for that crime is 10-20 years imprisonment.
Also, UCR provides arrest data for Part II offenses. Some critics have argued that local police departments may have altered their statistics to produce internal promotions or departmental positions to support issues relating to crime and crime control that may or may not exist in their vicinity ( jblearning p 63). Most critics acknowledge, that there is potential for manipulation of the data records are not so great as to