The discovery rules are a set of laws that are used in many states in the United States. There are many rules that are a part of the discovery laws. Procedural rules 11 and 14 are two important laws that make up the discovery rules. Procedural Rule 11 looks into pretrial conference and pretrial hearings. The pre-trial conference first occurs during the arraignment stage in a criminal trial. At the pretrial conference, there is an agenda and a report that is discussed and performed. There are many issues that can be discussed at the pretrial conference. These issues can include the "discovery and other matters which absent agreement of the parties must be raised by pretrial motion." ("Criminal Procedure Rule 11: Pretrial conference and pretrial …show more content…
There are 5 main procedures for discovery. The first is an automatic discovery. There are 5 parts to the automatic discovery. The first part is the mandatory discovery of the defendant. This rule states that "the prosecutor must disclose any evidence that was discovered by the police including any oral and/or written statements, any facts, the names, addresses, and dates of birth of the witnesses, photographs, etc. to the defense attorney and the defendant." ("Criminal Procedure Rule 14: Pretrial discovery." Mass.gov, www.mass.gov/rules-of-criminal-procedure/criminal-procedure-rule-14-pretrial-discovery.). The reciprocal discovery for the prosecution is the second part of the automatic discovery. This states that "the defendant must disclose any discoverable evidence to the prosecution." ("Criminal Procedure Rule 14: Pretrial discovery." Mass.gov, www.mass.gov/rules-of-criminal-procedure/criminal-procedure-rule-14-pretrial-discovery.). The stay of automatic discovery is the third part. If any party fails to provide discovery, the court can apply sanctions permitted for non-compliance with a court order. The next part is to record the convictions of the defendant, co-defendants and prosecution witnesses. The last section under automatic discovery is the notice and preservation of evidence. This section states that "if any evidence that is introduced in the case, the prosecutor must notify the defendant of its whereabouts …show more content…
The first is the notice of alibi. The notice of defendant states the specific place which the defendant claims to be at the time of the crime and the names and addresses of the witnesses that were present. The Commonwealth serves a written notice to the defendant stating the names and addresses of the witnesses in order to deem the defendant's alibi reliable. The second procedure is the mental health issues. If there is an issue regarding mental health, a notification to the judge should pertain a statement that the defendant was mentally ill at the time of the crime and the name and addresses of witnesses that can confirm the mental illness. A court-appointed examiner conducts a physical, psychiatric, and psychological test in order to deem whether a person is mentally ill and competent to stand trial. The third procedure is the discovery for the purpose of a court-ordered examination. If the judge orders this, "the defendant must give the court all of their mental health, medical, and any other test records." ("Criminal Procedure Rule 14: Pretrial discovery." Mass.gov, www.mass.gov/rules-of-criminal-procedure/criminal-procedure-rule-14-pretrial-discovery.). The notice of other defenses is the next procedure. This states that "if a defendant relies upon a defense, the defendant must file a pretrial motion." ("Criminal Procedure Rule 14: Pretrial discovery." Mass.gov,
Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by
The two attorneys will present their case before a judge. During the trial the CA will introduce Blanco-Garcia’s confession in which he admits killing Vanessa Pham as she drove him to the hospital. The DA will offer a counter argument that his client attacked Pham because he believed that she posed a danger to him. Furthermore, that the PCP his client took earlier that day decreased his mental capability. The CA will reason that the amount of times the defendant stabbed the victim indicates an intent to kill.
criminal regulation - HOW long DOES A criminal TRIAL closing? In latest years, many have the idea that crook trials take a long-term due to the excessive publicity of a few cases that appear to have taken all the time to be determined. but, most crook trials do now not take nearly so long as the famous media trials might appear to make you observed. typically the whole manner from arrest to sentencing takes less than multiple years to complete.
This led to circumstantial evidence being admitted and being the basis for
Larry will be charged with two counts of first-degree murder for the shooting of his girlfriend and his classmate Moe, one count of manslaughter for the cause of the UH Hilo security guards death, and the illegal use of firearm. The fact that Larry had these grudges against Moe for making him fail his AJ101 class and for going out with his girlfriend behind his back, he planned to kill both of them using the 9mm handgun he bought from a guy named Curly for $500. Based on these facts, Larry had committed a willful and premeditated two counts of murder in the first-degree and these will be considered probable cause for his arrest. Also Larry hit the UH Hilo security guard with the butt end of the handgun and because of his pre-existing heart condition, he dies from a heart attack because of that scuffle, he will be charged with Manslaughter for recklessly causing the death of the security. Larry didn’t know about the security’s heart condition and didn’t intend on killing him, but probably just to hurt him so that he can run away from the crime scene before he even calls the Police.
Therefore, many times criminal prosecutors will use the FRE Rule 404 (b) and introduce that same exluded evidence under 403, into the courts and into the minds to set the jury up for an impression about the defendant in a trial in which they hope will be a great influence over the jury and leave them believing or influenced their thinking that the person standing trial must be doing or had done what it is they are accused of and being tried
Out of the over 350,000 cases brought to trial in the United States District Courts in 2016, almost 275,000 of them were civil and nearly 80,000 were criminal. No matter the type of case brought to court, both present evidence in front of a judge, resulting in a sentence after careful deliberation. Although there are multiple similarities between civil law and criminal law, there are many differences that differentiate the two as well. A criminal case deals with any sort of punishable offense against society.
In United States v. Agurs, the Court set out three situations in which the Brady Rule applies: 1) the government must disclose material evidence that it is aware of or should be aware of that indicates a witness perjured his/her testimony, 2) the government must disclose material evidence specifically requested by the defendant before trial, and 3) the government must disclose exculpatory evidence even if the defendant does not make a request or only makes a general request for such evidence. The Court’s decision in Agurs also provided that the definition of “material evidence” for purposes of the Brady Rule is information that creates a reasonable doubt of the defendants’
NOW COMES the Plaintiff, Statesville HMA Medical Group, LLC, (hereinafter the “Practice” of the “Plaintiff”), by and through the undersigned counsel, and files this memorandum in support of its Motion to Stay Discovery, requesting the Court to stay discovery until after the adjudication of the Practice’s Motion to Dismiss all Counterclaims, filed on February 15, 2016. I. Standard of Review The North Carolina Rules of Civil Procedure give the Court broad discretion to enter orders governing the timing and sequence of discovery. Wachovia Bank v. Clean River Corp., 178 N.C. App. 528, 531 (N.C. Ct.
The legal guideline aims to remind psychologists about their primary obligations as well as rational “precautions to respect the confidentiality rights of those with whom they work or consult, recognizing that confidentiality may be established by law, institutional rules, or professional or scientific relationships.” Maintaining privacy and confidentiality of the defendant facilitate their openness assisting them to recall and relate “pertinent facts and events, including his motives and actions at the time of the offense, and be able to testify in his behalf and to challenge prosecution witnesses.”
Presentence investigative reports (PSI) are presented to a judge, often by a probation officer, to give the facts surrounding the case and make sentence recommendations. There is a standard format for PSI reports (double-spaced with numbered lines in the left margin). The facts presented should include: information about all parties involved in a case, the official and defendant 's version of events, the impact of the incident on the victim, the detailed criminal and social background of the defendant, and a statement concerning evaluation and sentence recommendations from the probation officer. As with any official document, PSI reports should be held to high standards of writing and grammar.
A defense attorney has an obligation to rigorously defend their client. The attorney must put fourth his best efforts to protect their clients’ rights. Their methods used should be in line with the law. Their efforts must also be ethical. A good lawyer will be very keen, and have a good attention to detail.
In the state system, judges would consider the continuance if “good cause” is shown to the court that justifies the continuance (Steelman, 2008). If the continuance is granted, the defense would “waive time” and the trial would be calendared for the next available trial date (TN Courts, n.d.). The state judge would also ensure the continuance would not have any potential negative impacts on the case (Steelman, 2008). In this scenario, a continuance may have a negative impact on prosecution if they are required to turn over the discovery and defense is provided a prolonged opportunity to review the discover. If the prosecutor is not required turn over the discovery, the defense attorney may not be able to effectively defend his or her client, which may result in a delay in a resolution of the case.
This shows that evidence is an important role in pleading someone guilty. When you convict someone of a crime, make sure you know the evidence and information on the case before sentencing
Problem-oriented policing, also known as operational strategies, have five core elements: preventive patrol, routine incident response, emergency response, criminal investigation, and problem solving. In addition to the five core strategies, there is also a lone ancillary operation strategy, support services. Law enforcement officers use this to help prevent crime by being pro-active and responding to calls. The first of the core operational strategies is the prevention patrol. Prevention patrol is an active response and most dominate operation of police strategy.