Have you ever got your license revoked, or a speeding ticket? Would you plead out for a misdemeanor charge that may ensure your ability to keep that license and your free life? For some, pleading guilty to a crime you know you didn’t commit, is an overload.
May it please the court. This is my co-counsel Jason Edwards, and I am Alex Harb. We have proved that there is beyond a reasonable probability the outcome of the Defendant’s 1999 trial would have been different but for counsel’s errors. We as the defense have had the burden of proof placed upon us, and we have met the burden of proof. The burden of proof demands that we give light to the facts, and show that beyond a reasonable doubt, that, but for the previous counsel’s errors, the defendant would have been found “not guilty”.
Most criminal cases end when the defendant (the person accused of a crime) pleads guilty. Guilty pleas are usually favored by everyone involved – each side gets some benefit: A trial isn’t added to the judge’s already-busy court schedule; the prosecution gets a conviction, and the defendant gets some favored treatment, like a sentence that’s less than the one he’d probably get if he went to trial and lost. Pleading guilty comes at a cost, though. A defendant gives up a lot of important rights, like a jury trial and confronting witnesses.
Facts: In this case, a 23-year-old man named Ernesto Miranda was arrested at his home in Phoenix, Arizona, and taken to the police station for questioning about a rape and kidnapping. The police questioned him for two hours, and were able to get a written confession out of Miranda. The confession was used in court as evidence during the trial. Miranda was found guilty of rape and kidnapping and was sentenced between twenty to thirty years in prison for each count. The Arizona Supreme Court confirmed the conviction and Miranda’s case was sent to the U.S Supreme Court.
The Sheriff Appeal Court (Civil) The Scottish Legal System is based on a foundation of the strong and distinctive heritage of Scotland. It is certainly an intricate system of legal practises and institutions that revolve around Scotland’s rich and diverse background. Within the Scottish Legal System involves a vast range of courts that serve specific purposes according to specific cases - courts of which are established all around the country. Examples of these courts are: ‘Justice of the Peace Court’, ‘The Supreme Civil Court’, ‘The High Court of Justiciary’, ‘The Sheriff Court’, etc.
I represent the Crown and am seeking a guilty verdict for Thomas Dudley and Edwin Stephens, who were involved in the brutal murder of defenceless Richard Parker. To prove the verdict of not guilty, the accused are invoking the Defence of Necessity as a means of justification for their thoughtless actions, which is inapplicable to this case. In order for the defendants to be proven not guilty, all three components of the Defence of Necessity must be satisfied. The first component of the Defence of Necessity states, “there must be an urgent situation of clear and imminent peril”.
During my college career I have been doing a wide variety of writing. All of which have assisted shaping as well as molding me into an effective writer. Some of the classes that helped improve my limits to excel as a writer are my English 280 class, intro to Computer Science class, and lastly Juvenile Justice Class. I have done a few segments of writing in the three semesters of law enforcement class that I have taken here at WIU. Never would I have thought that the three major writing assignments that would shape and influence me into the writer I am today would come from of my LEJA classes, but they have.
The judiciary is an independent arm of the government that ought to operate without influence or threats from the government or any other organization. The independence of the judiciary ensures it executes legal matters without bias and within the jurisdiction of the law. In England, sources of law include “legislation, common law, and European Union law” (Judiciary.gov.uk, 2016 n.d). Juries play significant roles in ensuring fair trials within the legal framework of the country’s constitution. Juries became an integral part of the judicial system as early as 1215 the same year that Magna Carta acknowledged the right to free trial through judgment by peers.
Criminal law covers the area of crimes and is there to maintain law and order. A crime refers to a breach of one or more rule of law. The society believes that individuals should be held responsible for their actions, especially when those actions constitutes a crime that would endanger the safety of today’s society. In the eye of the law, in order to paint an individual as guilty, the prosecution must prove that the defendant committed an actus reus had mens rea at the same time. Actus reus refers to a guilty act and mens rea means a guilty state of mind.
The criminal justice system is comprised of a myriad of steps for the purpose of bringing those responsible for committing crimes to justice. There are three primary categories which make up the criminal justice system. The first category is the “Police”, who are responsible for determining the type and magnitude of the potential crime and if it did indeed occur. They will begin by investigating to determine who is involved in the crime. Once the investigation reveals the identity of the perpetrator(s) then they will seek out those responsible for the purpose of arresting them for the crimes they are accused of committing.