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The pros of sentencing guidelines
The pros of sentencing guidelines
The pros of sentencing guidelines
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The pros of sentencing guidelines
The pros of sentencing guidelines
The pros of sentencing guidelines
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Recommended: The pros of sentencing guidelines
This is where the defendant enters a plea (guilty, not guilty or no contest) (Schmalleger, 2015). In this case the defendant plead not guilty until his sentence was carried out and he was electrocuted. It is stated in our text book that, adjudication, or trial by jury, is where it states in the U.S Constitution in the 6th amendment where every criminal offender has the right to a trial by a jury (Schmalleger, 2015). In this case the defendant had a jury trial that lasted five weeks and they found him guilty of the murder of Charles Jr. According to our digital text book, sentencing happens once an offender had been convicted of a crime, the authority of a judge to enforce punishment on the offender happens at this time and a sentence may take many forms upon a judge’s decision (Schmalleger, 2015).
Fracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.
With a jury that cares about everything but the trial, how is the defendant suppose to be given a fair trial? He isn’t. The last piece of evidence is cartoon 3, where a dog is being judged by his natural enemies, feline (Document E). These ‘jurors’ all hate the dog and no matter what the evidence is, the dog will be guilty. It applies to our system with the notion that a suspect is hated by jurors because the media accuses them of being guilty before the trial begins.
The fifth amendment declares everyone is entitled to a fair trial and cannot be put on trial for the same crime twice. The sixth amendment states that everyone is entitled to a fair and speedy trial. The seventh amendment discloses the right for everyone to have a jury trial. The eighth amendment prohibits excessive bail, and cruel, unusual, or torturous punishments for crimes. The ninth amendment are the enumerated rights.
Unfair Trial:The People vs. OJ Simpson The United States of America, supposedly land of the free and home of the brave. This is somewhat true in some sense but there is one aspect of the US that seems to lack this quote, fair trial. What is a fair trial you may ask. “Fair trial is the privilege to a reasonable trial is a crucial shield to guarantee that people are shielded from unlawful or subjective hardship of their human rights and opportunities, above all of the privilege to freedom and security of individual.”
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
The first 10 amendments to the Constitution make up the Bill of Rights which was written by James Madison. He wrote The Bill Of Rights in response of calls from several states for greater constitutional protection of individual liberties. The people who signed the declaration made a promise to protect the people from the government. The colonist wanted to keep their rights because they had a fear of a tyrannical government. People believed and were taught that The Bill Of Rights came from the desire to protect the liberties won in the American Revolution.
In similarity to all ten amendments, a living document changes to adapt to modern day. Therefore, it leaves us with exceptions, exemptions, and loopholes. In the Barker v. Wingo case, such loopholes become evident. It was September 15th, 1958 when the defendants, Willie Barker and Silas Manning, were indicted for the murder of an elderly couple. Law School Case Briefs informs us that, “The state had a stronger case against Manning so it planned to try Manning first so that he would then testify at Barker’s trial.”
Regardless of what is fair and what is not, the defendant has rights during trial. One of those rights under the 5th Amendment is the right against self incrimination and according to Winegar, the 6th Amendment provides a defendant the ability to testify on one’s behalf (2013). However, lack of testimony from a defendant can cause an interference with the jury or cloud their judgement because they were not previewed to what the defendant has to say. According to Hall, the jury is instructed not to guess or assume guilt because the defendant does not put on a defense.
Which amendments focus on the rights of people accused of crimes? What rights do these amendments guarantee? The Fifth, Sixth, and Eighth Amendment focuses on the rights of people accused of crimes. The Fifth Amendment protects an accused citizen of self incrimination and double jeopardy.
The Sixth Amendment right states that a Criminal Defendant, Miranda, has the right to a public trial with unnecessary delay, the right to a lawyer, the right to an impartial jury,
The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
Nathaniel Goodman PHIL 201-037 10/29/15 Justice, Rights, and Laws The central issue discussed in this section of the book is: justice, rights, and laws. This section discussed the different approaches to these three issues. The first area, justice is broken down by Thyrasmachus, Plato, and Aristotle. Thyrasmachus takes the approach that what is just, is decided by the stronger party.
Bill of rights paper I am willing to give up the right that, no one tried and found not guilty can be tried again for the same crime. I would give this right up and keep all others because they could actually be guilty. If police find further evidence to prove they did the crime, it could help stop the bad people. And because of this law, they want have to go to jail for the crime. They just get free and not punished for a crime they actually did.
This aspect is concerned with the powers that be placing the defendant on trial, and proving that a law had been violated by