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Differentiate between civil and criminal law
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After listening to both sides present their case the judge will issue a ruling on the defendant’s
To do this, they used various pieces of evidence and testimonies to convince the jury of their argument. The jury then decided whether or not Arias was guilty based on the claims of counsels, defense and prosecution. The judge was there to maintain order in the courtroom, negotiate between the counsels, and decide guilt, known as administrator, negotiator, and adjudicator respectively. Once Arias was convicted, the role then moves to correction. They are responsible for enforcing the punishment and incarceration that she was sentenced to.
There are also no juries or witnesses and it involves only lawyers from both sides that argue the law and answer any questions the judges may have. There are seven judges at this level or one Chief Justice and six judges on the panel. The Chief Justice is elected by the court?s sitting judges and is elected a two-year term. Cases can be appealed to the Supreme Court that were heard in the Circuit Courts or the Court of Appeals and the Supreme Court can override those courts decisions. The Supreme Court?s role is to guarantee a firm and reasonable judicial system and is the final arbitrator in disagreements that involve the state?s constitution and laws.
Trial or District courts deal with the actual trying of the case. Gideon v. Wainwright begins with a poor man named Clarence Earl Gideon, accused of breaking and entering a poolroom in
The parties decide what evidence to present, what witnesses to call, and how to question them. The judge is to be a neutral during the process and uphold the principles of fairness and equality, although he does make determinations of fact and law. The adversarial system is usually found in places with a common law system. In an inquisitorial hearing, the judge has a more prominent and active role in regards to evidence and questioning the witnesses. The inquisitorial system is typically found in places with a civil law system.
Prosecutors have lots of discretion when it comes to deciding whether or not to charge people. Next, he or she makes an initial appearance before a magistrate. At this time, decisions regarding bail are also made. Sometimes—but not always—the next step is for the defendant to appear at a preliminary hearing, where it is decided whether or not probable cause exists that the defendant committed the crime he or she is charged with. Next, a grand jury hears the state's evidence on the case and may or may not bring back an indictment against the defendant.
1. What does 'justice' mean in terms of the Australian Legal System? Justice is fairness, it's the process of protecting rights and to fairly judge and punish wrongs and giving every individual their due rights from the system. This includes all rights, natural right and legal rights.
Defendants are in great pressure to lie to their counsel regarding guilt or innocence. If the defendant decides to admit his or her guilt, it makes it difficult to help the defendant. Or if the defendant lies about involvement it is difficult to negotiate plea bargains or the plea agreement given. This scenario poses an ethical dilemma for the attorney, which is to permit a client to lie in court and plea guilty when they indicted their innocence. With the plea bargain the defendant is able to freely tell the truth with the knowledge that plea bargain will exist whether he denies guilt or not.
A civil case typically begins when one party files a complaint against the other. 3. A grand jury is a body of people legally empowered to conduct official proceedings that investigate possible criminal conduct and to determine whether criminal charges should be brought. The grand jury in Del 's trial acquitted him after he was arrested, which led to his freedom. 4.
Judges manage to cover legal procedures Including hearings and trials. The lawyer will argue the client cases in front of judiciary, and the judge makes certain that the plaintiff and defendant lawyers follows the rules courtroom and meets criteria set by the law. In rare types of cases, judges hear evidence from both sides and come to a judgment on their own. In other cases, judges give a jury instructions so that they can come to a majority ruling of innocent or guilty. However, most states have their individual qualification, but the basics criteria to have a bachelor's degree, pass the admission tests LSAT, graduating Juris Doctor, the bar, becoming the licensed lawyer and American citizen and resident of the state with intent practicing law.
The prosecution represents the state/the victims in criminal trials. A prosecutor’s responsibilities are to be professional, seek justice, and strive for the truth. Prosecutors live up to their responsibilities by gathering evidence, collecting witness testimonies, and obtaining other information to present a case against the defendant. Throughout the movie My Cousin Vinny, Jim Trotter is the prosecuting attorney. In the entire movie he is using evidence and witness testimonies to try to get the jury to find Billy Gambini and Stan Rothenstein guilty of killing the clerk in the store.
“According to the bottom source, 88% of bench trials result in a conviction and 87% of criminal trials result in a conviction.” (Document A) Juries are required to consider only the evidence presented in court and not be influenced by external factors such as media coverage or public opinion. This ensures that the decision-making process is based solely on the facts of the case and not on any preconceived notions or biases. In summary, juries promote fairness and impartiality in the legal system because they are representative of the community, consider only the evidence presented in court, deliberate to reach a consensus, are instructed on the law by judges, and act as a check on the power of judges and
I have more than seven years of experience as a police officer, and the last thing an officer wants to do is use deadly force. Using deadly force is the nature of the occupation in law enforcement, conversely, it is a split second decision that’s not a routine one, but we receive training so we can recognize situations and when to properly deploy deadly force. However, the United States Supreme Court very seldom get involved in police use of force cases, except for the Tennessee vs Garner case was the first time. In the past, the police relied on the Tennessee statue stating the officer can use all and any means to effect an arrest, which was using deadly force and that particular case involved an unarmed man fleeing.
Reasons why the prosecutor is involved is because they decide whether criminal charges or an indictment should go against the defendant. All the states have provisions in their laws that allows for grand juries, half of them don’t use them. Grand jury is one of the first procedures in a criminal trial. Grand juries are mainly reserved
A criminal defense lawyer who understands the law, the process and has experience in the area of criminal law which applies to your situation can help you evaluate your options and make the right decisions. Article Source: