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The power of evidence in criminal courts
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Jury Selection is the first stage of a trial. The people that are part of the jury panel are selected from previous records like tax records. The jury panel is also called the venire. To keep the case unbiased, or the voir dire, people that are family members or friends could not be a juror. The opening statements come second. As always, the prosecutor goes first. Next is the defense. The prosecutor also goes last. Next is the presentation of evidence. There are two types of evidence, direct and circumstantial. Direct evidence would be things like video recording of the crime. Circumstantial evidence would be something like a witness saw a man running with a gun, a ski mask, and a bag of money in hand, even though the witness didn’t see
This stage is an examination of potential jurors to ensure a fair trial for the defendant. Ideally, voir dire will result in an impartial jury for the trial of the accused. On March 4, 2004 jury selection began for the trial of Scott Peterson. Nearly 100 potential jurors began answering questionnaires about their views on the death penalty and their opinions on extramarital affairs. The nearly 30-page questionnaire given to prospective jurors also included questions as whether they read Field and Stream, what stickers grace their car bumpers and whether they have lost a child. On April 14, 2004 Judge Alfred A. Delucchi dismissed an unidentified Redwood City woman after a brief meeting in his chambers. Defense attorney Mark Geragos two weeks early had accused the retired secretary of bragging to her friends on a bus trip to Reno, Nevada, that she has "passed the test" to get on Peterson's jury and that Peterson was "guilty as hell" and would "get what's due him." May 28, 2004 six men and six women were selected for Scott Peterson's murder trial all said they would be willing to sentence him to death if they convict him of killing his wife and the couple's fetus.
After this happens, both sides of the trial select which jurors they want to represent their side with the hopes that their picks will help win the case. Voir dire occurred towards the beginning of the movie. About fifty jurors were selected to appear at the questioning but only twelve were selected to participate in the trial. The prosecuting side wanted jurors who were against gun violence, had families, and had lost a family member. The defense wanted jurors who believed in the second amendment and were all for guns. Before the questioning of the potential jurors, both sides did research on them all in order to see if they fit the criteria of what they were looking
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
Is the jury system a good idea? Many will say yes, and a few like myself will say no. At first I believed, yes a jury system is a good idea, it’s lasted us this long so why should there be any changes to it. Then I read this DBQ and it changed my mind. So first of all, most jurors are non-reliable, a lot of them can be biased and not even care or pay attention to the case they are assigned to, and lastly we have living proof on why we should get rid of a jury, and that is the Casey Anthony case.
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
The modern US version of a jury derived from ancient English law. It is said in the early 11th century, William the Conqueror brought a form of a jury system from Normandy that became the basis for early England’s juries. It was constructed of men who were sworn by oath to tell the king what they knew. King Henry II then expanded on the idea by using a group of white men with good morals to not only judge the accused, but also to investigate crimes. King Henry II had panels of 12 everyday, law abiding men; this aspect of it is much like modern juries. The difference is that these early jurors were “self-informing”. This means that they were expected to already have knowledge of the facts that would be presented in court prior to the trial. King Henry II’s first jurors were assigned the job of resolving the land disputes that were occurring in England. ...
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and cases (8th ed.).
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and Cases (8th ed.).
Throughout history, a plethora of different classes of people, cultures, and races have undergone some form of prejudice. Partiality against women has occurred, and continues to occur, in America. Susan Glaspell, author of "A Jury of her Peers," depicts a story of a close-knit community in the process of solving the mystery of a man's death, thought to be caused by his wife. In the investigation of Mr. Wright’s death, the women helping to search through the Wright farm for clues pointing to evidence of Minnie Wright’s murder of her husband were thought of as useless, when in reality, the women were solely responsible for finding and understanding Mrs. Wright's motives for murdering her husband. Glaspell uses imagery and a woman's point of view to depict how a woman may feel bound by limits set by society--- a feeling most easily understood by women who share the same perception of life.
Today juries are much more diverse. Men, women, and people from diverse backgrounds are called to jury duty. Although the origin of the jury system is not clear, history has shown that William the Conqueror from Normandy introduced a similar system to England around 1066 CE (Judiciary of Vermont 1). After the American Revolutionary War, the jury system became the American ideal of justice. This essay will explore the history of the American jury system and illustrate how it has evolved over the course of the American history.
Believe it or not, wounds from the victim are also evidence. The wound can allow the investigators to match up any marks that could have been made from the weapon and therefore allows them to determine at what angle, distance, and how fast the weapon was used. The last type of evidence I will discuss is documents. Everyone has different handwriting and different characteristics that make it unique. Computers are also unique in the way they type and print things.
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
The jury selection process starts when their names are randomly drawn from voter lists and sometimes drivers lists. So virtually anyone above 18 can be chosen for jury duty. They then receive a questionnaire to decide whether or not they meet the legal requirements for jury duty. The individuals who receive these questionnaires are obligated to complete and return them to the clerk's office, which then analyzes the completed questionnaires to determine eligibility for jury duty. First all ages & races will be able to participate on the jury and be picked at random.
I selected the state of Minnesota as one of many other states that use the grand jury. The rules of criminal procedure require grand juries for any crime punishable by life in prison, serious crimes (first-degrees) are life, not just premeditated; with or without parole is the difference and certain first-degree sex crimes. The state can submit other cases for public policy such as cases where a police officer causes a death while in the line of duty. All crimes punishable by life imprisonment or any homicide case where the prosecutor announces his or her intent to present to a grand jury must start within fourteen days of the defendant’s first court appearance. The use of grand juries in all other cases is optional or up to the discretion
Circumstantial evidence just “strongly suggests something” (‘Circumstantial Evidence’). The judge or jury will then take this evidence, and infer how the crime was committed and by who. Circumstantial evidence can be many things. It could be something that was seen, smelt, heard, tasted or even touched. As long as they “create a picture” of the crime that was committed (‘Circumstantial