Once the magistrate was satisfied that the evidence was capable of satisfying the jury, the accused was committed for trial or sentence to the Supreme Court. Cases committed to a higher court would then be determined by a judge as well as a jury. However, after Mr Lopez pleaded not guilty, he elected to be tried without a jury: section 132 Criminal Procedure Act 1986 The
However, as noted in the majority opinion, the arrest itself was not the cause of the case.
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. What theory of liability did Justice Posner use in finding the defendant liable? Judge Posner used the strict product liability theory in finding the defendant liable (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011).
However, the main affect this decision has on today’s society is the way justice must be carried out in the court of law and the way a person’s rights should be protected even if they’re guilty or
On the 14th of October 2011, Mr Rayney had submitted an application for a trial which only involved a judge without a jury present. This was due Mr. Rayney assuming that a strong bias had been manifested pre-trial as a result of the subjective publicity revolving around the death of his wife, Corryn(The Conversation, 2012). Therefore, the jury and any member of the public would already have preconceived views in favour of Mr Rayney being guilty of murdering his wife. The trial was successful for Mr Rayney where he was acquitted of murdering his wife. Similarly, this issue is somewhat common as it had also occurred in the case Evans v The State of Western Australia [2011] WASCA 182, in which both appellants had made appeals after being convicted for murder.
A man by the name of Ernesto Miranda was taken to custody in 1963 for kidnapping and rape. Then was sentenced 20-30 years in jail. He was interrogated for two hours by two police men, every individual should have their own rights to ask and answer questions unless told to Mirandize by a police man or the judge. Ernesto was being asked questions during the interrogation and the thing you’re supposed to do when they ask you questions is answer the questions, so Ernesto should have the right to talk during the interrogation. Ernesto didn’t know he should have a lawyer present during court when they discussed about his case of kidnapping and rape.
The Pros and Cons of Plea Bargaining Disclaimer By: LawInfo When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.
Case Gone Wrong: Anthony vs State of Florida Case No. 5D11-2357 If ever there was a botched case it was this one with inconsistencies on the part of the State being overwhelming. I watched this trial intently and read everything available.
After three days of Jackson on trial, the jury has decided that the defendant, Mr. Andrew Jackson was not guilty of crimes against humanity. The vote was very close though, Andrew won by a hair, with the votes being 5 versus 3. The jury found that even though the prosecution proved Jackson was a bad man, he did not commit the crimes against humanity. I decisively voted for the defendant’s side. I could’ve been the deciding factor on if Jackson is hanged or if he’s spared.
“ I won’t write a word because I am innocent. ”(Ha 472) Mr. Chiu still believes that his plead of innocence will help him win his freedom. He does not realize that he is not in a place of influence or power to sway their decision. His complaints have no impact on those in charge of him.
Rollinson v. State, 743 So. 2d 585 (Fla. App. 4 Dist. 1999) Procedural History The Fifteenth Judicial Circuit Court convicted and sentenced the defendant for crimes he committed pursuant to the Prison Releasee Reoffender Act (PRRA).
We must go and overthrow the court, he says!’” (Miller 119). Miller gives insight into how the accusations around 1950-1954 may have also included the pressure of higher authority forcing someone (of the lower authority) with power, money, and etc. to testify false accusations. The author presents an interesting story that mirrors and represents a different time period, displaying the social injustice of people as they are motivated by fear, jealousy, hatred of one another, and more.
People plead guilty for crimes that are not committed by them to avoid trial, but by doing so the right decision wasn’t made.
Again, just like in the movie, their case wasn’t accepted for long period of time . Also, money were put in the system and even after people collected enough for their case to be seen, the legal systems tried to give them the money back and still not look at their case. The case described in the reading is from 2005, which means that even thirteen years after the movie was created, nothing changed. Cases like that prove that some governments don’t put any interest in working with the ordinary people and even try to do so the people can never
This essay will briefly discuss the role of the jury and how it works, from the principle behind it, to the method with which members are selected, and to the powers available to jurors. Moreover, it will outline advantages and disadvantages of trial by jury, and it will point out a couple of ways which could ameliorate this type of trial. Trial by jury has been a part of the criminal justice system since the 12th century (Davies, 2015), it is considered an ancient right and a symbol of liberty (Hostettler, 2004). It creates no precedent and it can decide challenging cases equitably without making bad law, it also brings members of the public into the administration of justice and into an understanding of legal and human rights (Hostettler,
