Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Assess the effectiveness of the criminal trial process
Role of a jury in a criminal trial
Role of jury in criminal trial essay
Don’t take our word for it - see why 10 million students trust us with their essay needs.
In each trial, from theft to murder, the jury all have the same duty. Their burden is to determine whether the defendant is guilty for the crime they are accused of, or not. They are expected to take testimonies and facts into account and go forth with a decision from there. In Mary Bennett’s case, the jury must determine whether or not she is guilty of second degree murder of her infant daughter. For the defendant to be guilty of second degree murder, the jury must determine if Bennett intended to kill her daughter, made a conscious decision to do so at the moment, and was aware of the consequences of her actions (“Mary Bennett,” pg 5). Bennett decided to leave her daughter alone and unattended so that she could visit her fiancé in San Francisco. …show more content…
The police officer states that he arrived at her apartment at 11 p.m. on January 30th. He witnessed Bennett sobbing while holding her dead infant in her arms. He states that he took a statement from the defendant at that time. When giving her statement, Bennett had claimed that she left her daughter with a babysitter, but later stated that she knew that she was leaving her daughter alone. Policeman A is considered a credible source. He is a professional and must follow certain procedures regarding crime scenes. Police officers are expected to take statements and then write a report that is unbiased. His memory does not skew the facts because they are written down at the time of the incident. The police officer is also a witness. He had witnessed the Bennett’s actions and witnessed her making conflicting …show more content…
Bloom. Dr. Bloom stated that Bennett’s problems began after the birth of her daughter. He believes that she was suffering from postpartum depression. He also stated that her fiancé had left for California, which made her even more emotionally unstable. Dr. Bloom explained that she had used alcohol to cope, but eventually she was “depressed, desperate, anxious and an alcoholic.” He believes that this had sent her into a neurotic state, making her obsessed with seeing her fiancé. He states, “This single hope was the only thing she could focus on, and when she acted on it she was completely unaware that she was putting her daughter in danger.” Though Dr. Bloom’s statement made me second guess my opinion, there were a few things that made his opinion less credible. Dr. Bloom never stated what kind of professional he was, all he claimed to be was a professional. He also has never been involved in judicial hearings before, and is not aware of the proper testing. Because of these two facts, I found him less credible than Dr.
On the evening of Ms. Heggar¡¦s death she was alone in her house. Eddie Ray Branch, her grandson, testified that he visited his grandmother on the day that she was killed. He was there till at least 6:30 p.m. Lester Busby, her grandnephew, and David Hicks arrived while her grandson was still there and they saw him leave. They then went in to visit with Ms. Heggar. While they were there, Lester repaid Ms. Heggar 80 dollars, which he owed her. They left around 7:15 p.m. and went next door to a neighboring friend¡¦s house. David Hick¡¦s went home alone from there to get something but returned within ten minutes of leaving. Because he was only gone for 5-10 minutes, prosecution theorized TWO attacks on Ms. Heggar because he could not have killed his grandmother during this 5-10 minute period alone. At 7:30 p.m., 15 minutes after the two had left, an insurance salesman called to see Ms. Heggar. He knocked for about 2 or 3 minutes and got no reply. Her door was open but the screen door was closed. Her TV was on. He claimed to have left after about 5 minutes and then he returned the next morning. The circumstances were exactly the same. With concern, he went to the neighbor¡¦s house and called the police. His reasoning for being there was because the grandmother¡¦s family had taken out burial insurance three days before she had died.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
The prosecuting attorney holds the burden of proof and has to prove that Aaron is completely guilty and does not exist third party or other possible explanation of the murder. If the jury has a reasonable doubt about it, Vail and his client Aaron will have won the case. Therefore, Vail’s goal is to place an element of reasonable doubt on the
Nature of Case: The plaintiff is Peter Stanley. He said that his rights to equal protection of the law under the 14th Amendment have been violated. He believes that the Illinois law that makes children of unwed father’s wards of the state upon death of the mother violated his rights.
In State v. Stanley, the Kansas Court of Appeals held that a defendant’s previous Missouri conviction for driving while intoxicated (“DWI”) would “not qualify as a prior conviction under K.S.A. 2012 Supp. 8-1567(i),” the Kansas DUI statute, representing an important development in the law. The court compared the relevant Kansas and Missouri statutes and relevant case law to determine if the statutes were “equivalent.” The court determined the Kansas statute criminalizes both “operating or attempting to operate a vehicle with a blood- or breath-alcohol level in excess of .08 or more; and . . . operating or attempting to operate a vehicle while under the influence of alcohol and/or drugs to a degree that renders the person incapable of safely driving the vehicle.” In comparison, the Missouri statute, Mo. Rev. Stat. 557.010, criminalizes “operat[ing] a motor vehicle while in an intoxicated or drugged condition.” Thus, the court reasoned, “[t]he Missouri statute, on its face, is too broad to count as a prior conviction under” the Kansas statute because it criminalized “a wider range of activity” than the Kansas DUI statute by focusing on “the fact . . . of intoxication,” not on the degree of intoxication as the Kansas statute
To demonstrate the issues that come about in eyewitness testimony, this paper will take a moment to examine R. v. Steven Murray Truscott. Truscott was being charged for the rape and murder of Lynne Harper. This case was fairly confusing as there were many eyewitnesses both for and against Truscott. Truscott claimed that Harper had asked him to give her a bike ride to the intersection of Country Road and Highway 8, where he dropped her off and left. On his way back he claimed to have stopped at a nearby bridge where he could see the intersection, and watched as Harper entered a grey car with a yellow license plate. Three separate witnesses actually claimed that they did in fact see Truscott around the road and bridge at the times he claimed
Richard and Mildred Loving were prosecuted on charges of violating the Virginia state’s ban on interracial marriages, the 1924 Racial Integrity Act. The Loving’s violated Virginia law when the couple got married in Washington D.C., June 1958. The couple returns to their home in Central Point, Virginia. In the early morning hours of July 11, 1958, the Loving’s were awakened by local county sheriff and deputies, acting on an anonymous tip, burst into their bedroom. “Who is this woman you’re sleeping with?” Mrs. Loving answered “I’m his wife.” Richard Loving pointed to the marriage certificate on the wall. The sheriff responded, “That’s no good here.” In the initial proceedings presiding Judge Leon M. Bazile, is credit with saying “[a]lmighty God created the races white, black, yellow, Malay, and red, and he placed them on separate continents,” the judge attests, “[t]he fact that he separated the races shows that he did not intend for the races to mix”(Sheppard 1). Upon the initial trail the Loving’s were sentence to one-year each, Bazile agreed to suspend their prison sentences if they would leave the state for 25 years. So the Loving’s opted to live in Washington D.C. only 90 miles from their rural hometown. After five years of sneaking back to Central Pointe, Mildred wrote to Attorney General Bobby Kennedy asking for help. Kennedy referred her to the American Civil Liberties Union (ACLU), which assigned Bernard S. Cohen and Philip J. Hirschkop to the case. The Loving’s sought review of a judgment from the Supreme Court of Appeals of Virginia which held that Virginia Code sections 20-58 and 20-59, which were adopted by to prevent marriages between persons solely on the basis of racial classification, did not violate t...
Two options are presented to a jury in a court of law: guilty, or non-guilty. In any case, there exists a third option no legal advisor is allowed to tell a jury. Despite the evidence presented, if a jury feels it is morally incorrect to prosecute a defendant, they have the power to acquit them. In order to maintain a free justice system, it is important for a jury to have the power to nullify the law under specific circumstances, much like in the case of John Peter Zenger.
It says that a mother killed her daughter. The jury states that they have all the evidence they needed but is still not enough to prove that the mother is guilty with murder. The defendant's lawyer says that she didn't kill her daughter because the daughter was far from the incident and that the mothers driving was pretty bad. The jury found her innocent but at the same time the mother was counted for lying to
Sandra Lovelace v. Canada, Communication No. R.6/24, U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981).
Guilty or not guilty? This the key question during the murder trial of a young man accused of fatally stabbing his father. The play 12 Angry Men, by Reginald Rose, introduces to the audience twelve members of a jury made up of contrasting men from various backgrounds. One of the most critical elements of the play is how the personalities and experiences of these men influence their initial majority vote of guilty. Three of the most influential members include juror #3, juror #10, and juror #11. Their past experiences and personal bias determine their thoughts and opinions on the case. Therefore, how a person feels inside is reflected in his/her thoughts, opinions, and behavior.
In 1993, a young boy at the age of 17 thought that he could get away with murder, but completely made a fool of himself and ruined his life. The case Roper v. Simmons takes place in 2004, which explains how Christopher was given the death penalty for the murder of Shirley Crook. He had planned this days in advance with a couple of other buddies, Charles Benjamin 15 and John Tessmer 16 to rob her, kidnap her and murdered her. On the night of the incident Tessmer chickens out. Charles and Christopher continued to go through with the plan. They broke into her house around 2am in the morning, as they wake her up they wrestle her to the ground. They proceeded to bound her head in duct tape, not only put tape around her head, but tused electrical
The crowded courtroom was absolutely silent as the 12 all white and all men took their seats at the jury box. Chief Justice Albert Mason, one of the presiding judges in the murder case, asked Charles I. Richards, the foreman, to rise. Mr. Richards was asked to read the verdict. “Not guilty”, replied the foreman. Even though the circumstantial and physical evidence pointed to Lizzie Borden guilty of killing her step-mother and father, the all-male jury, men of some financial means, could not fathom that a woman who is well bred and a Sunday school teacher could possibly commit such a heinous crime (Linder 7).
In 2004, Christopher Simmons was sentenced to death for first degree murder when he was seventeen years old (Myers, 2006). Simmons challenged his death sentence arguing that the standards of decency in American society had evolved to the point that a national consensus existed against executing a criminal for crimes he committed while under the age of eighteen, and that therefore his death sentence was cruel and unusual punishment which violated the Eighth Amendment (Myers, 2006). Simmons appealed his conviction through multiple state and federal courts until 2002. Each of his appeals was rejected.
The important initial actions that must be taken on by the officers at the scene of the crime are the two basic principles involved in the start of an effective homicide investigation. The first principle is to respond to the call rapidly, this is important because the detective needs to get to the evidence and protect the evidentiary materials before it is destroyed, altered, or lost. The second principle is anything and everything should be considered as evidence. Whether the evidence may be physical or testimonial, it must be preserved, noted, and brought to the attention of the investigators. The only evidence that should be collected at this point of the investigation is eyewitness accounts or statements that a suspect at the scene may have accidentally spontaneously spit out. After the scene is secured; immediate, appropriate, and a complete notification must be made to the homicide