The defense counsels can argue against the safeguard of accused before they are proved guilty with support of constitutional safeguards. The law enforcement officers cannot harass the accused or defame the accused because they are protected by the amendments in the constitution. The 4th Amendment states that unless there is warrant the house or accused cannot be searched. The law enforcement officers need to take permission before arrest or searching the accused. Due to this amendment in the constitution the adult criminal can get relief before they are proved guilty.
This ties to a theme of absurdity, exhibiting the fact that there always seems to be a reason or excuse to why a person does something uncharacteristic, or immoral. While the reasoning behind the murder is less prominent, it can be seen as a way for Meursault to test his emotions, or sense of care. Throughout Meursault's trial, the jury and judge tend to question him more about his mother rather than the murder, possibly picking apart his background, hoping to find logic behind why he would kill someone. “But he cut me off and urged me one last time, drawing himself up to his full height and asking me if I believed in God. I said no” (p. 69).
The principles are set in place to allow the victim to have a chance to hold the offender accountable while having the opportunity to voice one's story. Multiple studies have shown that giving the victim a voice provides a sense of closure needed to heal. Often times, the traditional court setting doesn’t allow for the victim to directly express the entire story (Daly,
However, where they feel the crime is out of their power, they will hold the relevant pre-trial hearings and send you to Crown Court. A Crown Court has a Judge and in here Solicitors can not represent their client, only barristers. It is here that a Judge will decide your sentencing (if pleading guilty) or you will be subject to a trial with a jury, and these things could not happen at a magistrates court. The Crown Court deals with the following types of cases: more serious criminal offences which will be tried by judge and jury. Appeals from the magistrates court - which are dealt with by a judge and at least two magistrates.
This presumption means, in criminal cases, jury’s and judges have to act as those the accused is innocent until the prosecution conviences them otherwise. If they are not convienced, the accused person doesn’t go to prison. Now that we understand the difference between civil rights and civil liberties – lets focus next on liberties – what they are and where they come
Also anyone that is a United States citizen and of the age of 18 is allowed to be called to be on jury duty. People who make very poor decisions or are not very “street” smart as some people say have the potential to be making a decision that regards the rest of your life, which in many cases is very scary to the person on trial. In the play “Twelve Angry Men” juror 7 did not care at all whether he was found guilty or innocent. “ I’m a little sick of this whole thing already. We’re getting nowhere fast.
There is a concept of “jury of peers” which came by from Great Britain’s Magna Carta, wherein, which guarantees that nobles accused of a crime must be tried by the nobles and commoners by the commoners for a just and fair trial. The US jury works on the principle of a fair balance maintained in the jury for administering objective justice and not a biased decision which was clear in the Simpson’s case wherein due to the racial disparity in the jury the bent was naturally towards acquitting him rather than analysing the case on the basis of the facts of the case. There is also a misconception that a jury trial must always comprise of twelve people which is not true for in the US it varies from state to state as the fairness of a trial is not dependent on the number of jury members but on the basis of law for if the law is flawed the justice delivered will also be flawed for certain. 6.4 INCONSISTENCY OF JURY
He said that it is impossible for him to declare Pi innocent.The more he examines this case and think about it, the more deeply he become involved and making his mind entangled.He found that every reason to declare him innocent was balanced by a reason to prove him guilty. He withdraws from the case making no decision. Justice Keen He puts two questions before the Court. First that whether executive clemency should be extended to these defendants if the conviction is affirmed and second that of deciding whether what these men did was "right" or "wrong," "wicked" or "good." He says "Whoever shall willfully take the life of another shall be punished by death.
Creon finally realizes that his hubris has not let him effectively deal with his conflicts. Creon has his epiphany and even says, “I have been rash and foolish.” He finally acknowledges that he has let his pride take over for the worse. Creon also realizes that it was his fault Haemon dies. He would not listen to Haemon and take his advice. Creon almost seemed like he wanted Haimon to be angry so he put Antigone in the vault.
The court system is responsible for verifying the facts of the case and deciding whether or not those arrested will be charged or released. If the prosecutor moves forward with charging the suspect, then the suspect becomes identified as the defendant. As a defendant, he or she will now go before a lower-court judge for the purpose of notifying the defendant of the formal charges against him or her, as well as being sure they understand their constitutional rights. In less serious cases, such as those classified as misdemeanors, an immediate trial can be held by the judge. Trials of this type are known as summary trials and do not necessitate the need for a jury.
You mentioned in your post that whether the defendant is guilty or not, if they are violated by an officer then the violation needs to be put to light. What are some consequences for the defense attorney if he is caught not bringing evidence (that could alter a trial) to court? What are the defendants’ rights that are being violated by the officer? One of duties that is to be performed by a defense attorney according to America’s Courts and the Criminal Justice System is to, “zealously represent the client’s interests within the bounds of the law.” If the defense attorney fails to recognize the violation of his defendants’ rights does that corrupt the duty that is supposed to be performed? Proverbs 19:1 says, “Better is a poor person who walks in his integrity than one who is crooked in speech and is a fool.” When attorneys distorts evidence in any way, it gives the court system a bad reputation with its relationship to the
“But it does not follow that everyone accused is part of it” (Miller, 215). John is telling them all of the facts and truth and they still do not believe him. They only believe what Abigail says. That finally puts Hale over the edge and he decides that he is going to quit the court. “I denounce these proceedings, I quit this court!” (Miller, 227).
Danforth will not accept this deposition, because he feels the deposition is an attack on the court. Some of the citizens signed a petition stating they never saw any signs that the arrested women had dealings with the devil, and Judge Danforth wasn’t happy. “... Mr. Cheever have warrants drawn for all of these arrests for examination” (Miller 1253). With this petition going around is showing that the court may be wrong, and it is showing weakness from the court. Judge Danforth will do anything to protect him and make sure no one questions the court.
The Pros and Cons of Plea Bargaining Disclaimer By: LawInfo When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties. However, going to trial can be risky because it is impossible to predict what a jury will decide. Therefore, many defendants choose to enter a plea bargain agreement with the prosecution.
The sixth amendment ensures that if you have to go to trial, which will be speedy and public by a jury, and you are entitled to a counsel for defense. The seventh amendment guarantees a jury trial for civil cases as well. The eighth amendment protects citizens from cruel or unusual forms of punishment as well as excessive bails and fines. The ninth amendment says that there are other rights that are implemented that are not in just the Bill of Rights. The final amendment states that any power that’s not given to the federal government is distributed throughout the states and the