5. Subpoena - As stated by the textbook, a subpoena is "a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or to bring material to be used as evidence. Some subpoenas mandate that book, papers, and other items be surrendered to the court" (Schmalleger 301). A court, Grand Jury, legislative body, or Administrative Agency uses a subpoena to compel an individual to appear before it at a specific time to give testimony. An individual who receives a subpoena but fails to appear may be charged with contempt of court and subjected to civil or criminal penalties. In addition, a person who has been served with a subpoena and has failed to appear may be brought to the proceedings …show more content…
These groups fulfill many functions, and all of their roles are interdependent. These groups have frequent and ongoing relationships in which they interact in a wide variety of manners and settings. For example, judges fulfill roles such as issuing warrants; making probably cause determinations; granting or denying bail; presiding over hearing; ruling on motions; and presiding over trials. Prosecuting attorneys represent the state in criminal cases. Defense attorneys, who may be privately retained or appointed, ensure that the defendant's rights are protected and defend their client throughout criminal proceedings. Other work groups actors include law clerks, court clerks and administrators, jurors, witnesses, police officers, and the news media. The National Criminal Justice Reference Service states, "The courtroom workgroup includes judges, prosecutors, defense counsel, clerks, bailiffs, and to a limited extent, defendants. The study concludes that the interactions of these persons in common tasks determines the outcome of criminal cases" (NCJRS.gov). The defense attorney's job or role is protect the innocent from false conviction and to serve to protect the constitutional rights of all defendants. The Prosecutor's role is to serve as a government official whose job is to bring the charges against the Defendant. The judge's role is serving a court official who is elected or appointed by the state for the purpose of reviewing and relieving the dispute presented through the arguments of Prosecution and Defense during a criminal trial. The Jury's role is to act as the decision-makers who determine whether or not there is enough evidence to actually press charges against a person or indict them. Furthermore, the Judge, Jury, Defense, and Prosecution each serve an important role in the process of doing justice. Utilized, properly the Courtroom Work Groups becomes a very effective and efficient tool for
The prosecution represents the state/the victims in criminal trials. A prosecutor’s responsibilities are to be professional, seek justice, and strive for the truth. Prosecutors live up to their responsibilities by gathering evidence, collecting witness testimonies, and obtaining other information to present a case against the defendant. Throughout the movie My Cousin Vinny, Jim Trotter is the prosecuting attorney. In the entire movie he is using evidence and witness testimonies to try to get the jury to find Billy Gambini and Stan Rothenstein guilty of killing the clerk in the store.
In a retributive justice system, the state is tasked with bringing Blanco-Garcia to justice. The state will accuse Blanco-Garcia of murdering Vanessa Pham and hold an adversarial trial to determine whether he is guilty of the crime or not. An appointed defense attorney (DA) will represent Blanco-Garcia at trial. Due process demands that the defendant is afforded legal representation to argue matters of law on his behalf as well as to protect the defendant’s other due process rights. Likewise, the state will also be represented by a legal agent, the commonwealth attorney (CA).
Chapter 4 is titled "Criminal Investigatory Search Warrants. " Search warrant laws are found in the Fourth Amendment of the Bill of Rights. The elements of a search warrant include: (1) an order in writing, (2) issued by a proper judicial authority, (3) in the name of the people, (4) directed to a law enforcement officers, (5) commanding the officer to search for certain personal property, and (6) commanding the officer to bring that property before the judicial authority named in the warrant. Neutral judicial officers such as clerks of court, magistrates, complaint justices, judges, and justices of the peace are allowed to issue search warrants in their permitted jurisdictions. They must have probable cause before they can authorize a search warrant, which is usually done through an affidavit submitted by the law
There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
The Honorable Ramona Salvarez Me: Hello Mrs. Salvarez my name is Daniel Fermin, and I wanted to know if I may ask some questions. Judge: Yes indeed Mr. Fermin you may go ahead.
The Miranda warning was established to fully complete the legal promise of self-incrimination
The warrants must be specific describing where will be searched and what or who will be apprehended. Probable cause and or evidence must be present to obtain a warrant. Finally when obtaining a warrant officers must swear an oath. The 4th Amendment does not describe when warrants are needed. The Supreme Court has concluded warrants are not always necessary because of the practicalities of police work.
The Ohio Supreme Court is made up of 6 Justices and 1 Chief Justice and the majority of the case they handle are appeals, while the U.S. Supreme Court is made up of 8 associate Justices and 1 Chief Justice. There are 12 appellate districts in Ohio, and the state Supreme Court is mandated to hear appeals of cases originating in the appellate courts, as well as cases concerning the State or U.S. Constitution, and the death penalty. They must also hear “cases in which there have been conflicting opinions from two or more courts of appeals.” ("Judicial System Structure”) They have the authority to make rules regarding court procedures in all Ohio courts and are the ultimate authority.
Reasons why the prosecutor is involved is because they decide whether criminal charges or an indictment should go against the defendant. All the states have provisions in their laws that allows for grand juries, half of them don’t use them. Grand jury is one of the first procedures in a criminal trial. Grand juries are mainly reserved
The judge's responsibilities also include negotiating procedures, as well as determining whether the evidence presented is sufficient to convict the accused. " The principal responsibility of judges in all their duties is to ensure that suspects and defendants are treated fairly
Major duties include making arrests and conducting searches in homes, testifying in court, reviews and evaluates
To do this, they used various pieces of evidence and testimonies to convince the jury of their argument. The jury then decided whether or not Arias was guilty based on the claims of counsels, defense and prosecution. The judge was there to maintain order in the courtroom, negotiate between the counsels, and decide guilt, known as administrator, negotiator, and adjudicator respectively. Once Arias was convicted, the role then moves to correction. They are responsible for enforcing the punishment and incarceration that she was sentenced to.
I will also provide detailed examples of each of those roles in action within the law enforcement, corrections and court system environments. The psychologist is vital in numerous exclusive roles in the criminal justice system. The psychologist can become the applied scientist, the basic scientist, the policy
These are the roles that the police, courts, and courrections played in the case. Now I will go into more detail explaining the roles with key facts about the case.
In this paragraph, the advantages and disadvantages of trial by jury will be discussed. The main advantages are that juries introduce community values into the legal process and can influence the system (Joyce, 2013); they can achieve a sense of equity and fairness without enforcing unjust laws; in addition, juries are independent and neutral (Davies, 2015). Moreover, they guarantee participation from the public in a democratic institution (Hostettler, 2004), and represent the population thanks to the randomness with which jurors are decided (Davies, 2015). On the other hand, the most important disadvantages are that jurors have no prior contact with the courts, no training (Hostettler, 2004) and therefore they lack knowledge of law, courtroom proceedings (Joyce, 2013), and lack of ability to understand the legal directions (Thomas, 2010). Moreover, they must face evidence which is highly technical (Hostettler, 2004).