It certainly is remarkable that the United States Constitution refers to “due process” twice. Therefore, the 5th Amendment’s allusions to “due process” state that nobody can
Thirty-Nine-year-old Lieutenant Alaric Piette first began his career as a US Navy SEAL in 1997. Shortly after the U.S.S Cole and World Trade Center were attacked. After the attack, Lieutenant Piette was under the assumption that him and his team would be deployed to hunt terrorist, however, he was once again sent to Europe. In 2003, Lieutenant Piette left the Navy. Now former Lieutenant Piette began studying at Georgetown University’s law school in hopes of becoming a prosecutor, however, plans were once again changed as he found the criminal defense clinic. All of the the techniques that he learned while serving in the navy began to connect to the criminal defense clinic. Shortly after, he was hired to work as the prosecutor in the Nashiri case.
In your every day, ordinary lives, the credibility one has is important. No vocation requires more skill to assess the credibility of others than in the court system. On any given day a trial judge faces many people whose lives hang in the balance and will likely do anything to keep from being restricted from their freedoms. People will lie, twist the truth, and conveniently remember things differently all to hide the sordid truth. Knowing this, it becomes increasingly apparent that the courts, judges and representatives need to have a keen ability to assess credibility.
The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
As an observer, it has been noted multiple times that prosecutors seek to solve a case by any means necessary. But countless times it has been found that you also will use unreliable or faulty resources without having the proper evidence and right resources in order to make a closing statement. Your desperation to solve a case in a quick and timely matter is just proof that you will take anyone’s word before checking the validity and reliability of the first time informants often times taking note of his desperation and use this in order to seek entry way into a resolution. I stand before you today and acknowledge the weight you have on your shoulders to convict and solve a case. But it is the lengths individuals you all go in order to get
Also a person being interrogated might give a false confession if it were not for the ability to remain silent (Taylor, 2015).
Granting children, the right to visit their incarcerated mothers is a contentious topic with both sides having strong claims and counterclaims. Terrance Bogans does an outstanding job in his essay, “Being Mommy Behind Bars: The Psychological Benefits of Child Visitation with Incarcerated Mothers” addressing why children should be allowed to visit their incarcerated mothers, citing many reasons and using many argumentative components. Bogans has an explicit thesis in the conclusion “Child visitation must be increased in order to alleviate the psychological strains that take place during incarceration” (15). Bogans uses this clearly stated thesis to tell his main point and to address his opposition. The author’s purpose is to convince readers that children and incarcerated mothers have a right to see each other and no one should stop that.
It is in the interest of both parties to reduce the number of felons. Additionally, both the citizens and the government want to have a larger voting public. Mediation allows both parties to pursue these goals with policy reform that they see as effective, and then reach a compromise to benefit everybody in the state, regardless of their criminal status. In any mediation, there need to be parties that are brought to the negotiating table. In this instance the parties would be a bipartisan committee of Florida legislators and a group of 20 felons represented by the ACLU. It is important to keep the groups small for mediation because smaller groups are more likely to be successful in mediation talks (Klerman and Klerman 692). While reducing the number of people at the table inevitably reduces the amount of voices that can be represented, the committees will still be large enough as to not marginalize significant voices. Each mediation must also have somebody controlling the discussion. In this instance, legislators in Florida will pass a bill allocating $200,000 to pay for professional mediators from the United States Department of Justice directing the discussion. A professional mediator can analyze the strengths and weaknesses of each case before setting expectations for the results (Klerman and Klerman 691). It is important that
In the book “Picking Cotton”, the former Burlington Police Chief Mike Gauldin, who was the lead detective on Jennifer’s case, was certainly sure that Ronald Cotton was the guy he was looking for after Jennifer picked him twice (Jennifer, Ronald, Erin 80); also, on the McCallum’s case, the polices also chose to trust eyewitnesses when they did not have enough physical evidences.Furthermore, judges can be wrong sometime. Wise and Safer, who are authors of the report “ what US judges know and believe about eyewitness testimony”, surveyed 160 U.S. judges to determine how much they know about eyewitness testimony on a small test( Wise, Safer, 427-432). However, the survey responds the average judges in the U.S. only 55% correct within 14 questions (Wise, Safer, 431-432). Moreover, most of the judges who were surveyed did not know key facts about eyewitness testimony. For example, the gap between eyewitness’ confidence and accuracy at trial. As we all known, judges play significance rule in court; also, on my point of view, the judge is a symbol of justice. However, when something were done in wrong way, the only way to fix it is to compensate the victims of wrongfully convicted
Trial by a jury was intended as a truth seeking mechanism, a means of achieving fairness and a way to hold the government to the principles of the constitution. The Sixth Amendment of the constitution guarantees the right to a fair trial by an impartial jury. It gives the defendant a right to challenge evidence presented by the government and provides for a conviction only if an impartial jury finds the defendant guilty beyond reasonable doubt. Despite the right to a fair trial, the criminal justice system is largely a system of plea-bargaining with the outcome being decided by the prosecutor (Bibas, 2004). This paper will look at the use of plea bargaining in the criminal justice
The discretion of the case was significant in the regard of the defense, which countered some contradicted evidences. The evidences from the trial and the hearing preliminaries have revealed that the children were coached. The testimony showed lack of credibility on the issues and showing the significance of the discretion on the defense. McMartin told his attorney that he did not do it and his attorney used his discretion and believed him.
Mediation is where the two parties aim to reach a mutual resolution on the dispute with the help of a mediator. Mediation is helpful when both parties want to come to a decision without going to court as they settle the dispute themselves. Mediation does not decide on the dispute it leaves control of the outcome with the parties.
The criminal justice system is made to give the punishment to the accused according to the law. Those communities who have a fair justice system usually get success and equality among all the citizens. There are many procedures which are used to settle down the matters between the defender and prosecutor side. Some are related to the justice procedures and others are used to settle down matter outside the courts like plea- bargaining. The plea is mainly a serious judiciary statement which is made by the accused in the court in the response of any charge against his criminal activity. Plea-bargaining is the procedure in which the defender and prosecutor settle down their
At the end of the mediation, my disputants were able to reach a collective solution where both parties’ interests were considered. Due to the positive result, I demonstrated many effective
Mediation is a voluntary type of conflict management. This defines the challengers in an intractable issue, select whether to start or prolong mediation or not, and they keep their command over the result of their issue, with their autonomy to accept or refuse any elements of the procedure or the final contract,