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The American judicial system
Justice system in america
The American judicial system
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The film our group has recently watched, an American courtroom crime drama film “Anatomy of a murder”, is considered to be “the finest pure trial movie ever made". Among other important aspects of trial, it reveals the extremely important role of a defense attorney and the power of words. Actually, the job of a defense attorney is to reach the best possible outcome for the client by hiring and managing investigators, gathering information from witnesses and studying similar cases. In some cases, talented attorneys manage to convince the jury and the judge in the innocence of an accused person or to commute a sentence in his favor, even if the circumstances seem hopeless.
In “Anatomy of a murder”, a former district attorney Paul Biegler is
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contracted to lead a case of US Army Lieutenant Frederick Manion, who has been arrested for the first degree murder of innkeeper Bernard "Barney" Quill and does not even deny the murder. In front of the jury and the judge, Biegler appeals to the fact (which still needs justification) that Quill had raped Manions’s wife Laura. As Lieutenant suggested, this could clear him from the moral point of view and influence the jury’s decision, but was, of course, a poor justification for a murder. Manion’s wife, by the way, made an impression of a vulgar, provocative and flirtatious young woman who may have committed adultery. That is why Biegler decided that the accused may be eligible for a defense of irresistible impulse—a version of a temporary insanity defense.
The defense attorney found a precedent in a court record when a man accused of a crime was acquitted on the grounds of “irresistible impulse”. However, this version is put under question as two psychiatrists give conflicting testimony to Manion's state of mind at the time that he killed Quill. Moreover, the fact that Barney had had no manifestations of mental disorder before the murder was not in his favor, as well as his well-known skill to use a gun. But the attorney, with his propensity for courtroom theatrics, managed to win over the …show more content…
jury. Biegler, so to say, used all kinds of oratorical tricks to open the jury’s eyes to more facts and change their mind to Manion’s favour. The attorney’s folksy speech and laid-back demeanor hid a sharp legal mind – he knew that the jury could not “unhear” what that they had already heard, for example, the details of the rape. Biegler also did everything possible to get the testimony for the defense of Mary Pilant, who turned to be the daughter of the victim. Though not intentionally, she appeared in the courtroom at the last moment and it produced a kind of a theatrical effect, particularly since she brought Laura Manion’s panties as a piece of evidence and revealed that she was Barney Quill’s daughter. All in all, the paradoxical result was the acquittal of Lieutenant Frederick Manion with the justification of his temporary insanity, though the accused himself had admitted that he had murdered Quill. The prosecution was not prepared for such a turn – the local district attorney assisted by high-powered prosecutor Claude Dancer based the accusation on the simple fact that Manion claimed to have murdered Quill and his mental insanity was not 100% proved. Thus, a question of ethics and law arises. The trial is, of course, meant to be competitive and both sides, defense and the accusing party, try to reach the best possible result, which is to win a lawsuit. It is considered to be the only practically possible way of maintaining the presumption of innocence. So an attorney is entitled to give any arguments he/she finds necessary and even to conceal some information given to him by his client (or rather he has the right to keep some of their conversations secret). But it is controversial whether a lawyer should defend the interests of an accused person if he/she knows in advance about his guilt and his lack of remorse. It is obvious that an attorney is free to take (and get paid) or to decline a case. When it comes to litigation, all those involved should distance themselves from the moral side of a matter and be guided only by the letter of law. It is even regarded that a person acts unprofessionally and brings law into discredit if he/she gives way to emotions. A good example is the last scene of a film “…And justice for all” starring Al Pacino as a lawyer.
Al Pacinos’s character, attorney Arthur Kirkland, defends a guilty judge Henry T. Fleming who is accused of raping a girl. From the legal point of view, Fleming can’t be sentenced as there is lack of evidence, but his attorney is well aware of his guilt and disgusted with the whole case. At the end of the film, on the last trial of his client Kirkland first speculates on the ultimate objective of the American legal system and criticizes the principle of competition. Soon he gets overwhelmed with emotions and announces that his “honorable” client should go to jail. When the judge tries to call the attorney to order, he replies: "You're out of order! The whole trial's out of order!” It is doubtless that Kirkland behaved unprofessionally, but what if his sense of justice strongly resisted the acquittal of a
rapist? To draw a conclusion, I have considered two legal cases brought from courtroom crime drama films and the extremely important role of defense attorneys in those trials. A lawyer with a sharp legal mind can help to acquit a guilty person, but is it how our legal system is initially supposed to work? Is our judiciary system “out of order”? It gives a lot of food for thought.
...stions to the man, but Kubuo keeps changing his story. Alvin hooks starts to make remarks about Mr. Miyamoto saying “You’re a hard man to trust, Mr. Miyamoto. You sit before us with no expression, keeping a poker face through.” After that remark Mr. Miyamoto stepped down from the stand and the whole juror got a good look at him. Therefore Alvin hooks felt that he was back on track to having the juror side with him then the defendant.
The Judge had a second chance of making the defendants aware that Vinny may not be the best qualified at preliminary hearing. When once again Vinny was not ready to go through the process of trial. There is an unwritten requirement of a certain dress code as well as behavior in a court room. Which, Vinny is unprepared to deal with at this point of the movie. Vinny did not take the time to cross examine any of the witnesses or question any of the perceived facts
In the short story “A Kind Of Murder” Hugh Pentecost displays that Mr. Warren isn’t a coward and should get the respect he deserves through Teddy. When Teddy get stuck of the ice Mr. Warren risks his life to save Teddy which demonstrates courage and sacrifice. The old beaver welcomed him to rejoin the school because he represented the courage and strength the keep the boys under control.
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith
Murder on a Sunday morning is a documentary of an unfortunate mishap with the legal justice system that happens one of many times. In Jacksonville, Florida the year of 2001, May 8th there was a horrific scenery at Ramada hotel. A women named Mary Ann Stevens and her husband were tourists, while leaving their room early Sunday morning around 9AM a gunshot fatally killed Mary Ann and ended the couple’s vacation. When cops arrived at the scene and investigated they took notes on what the suspect looked like from the husband, “ The suspect is skinny black male dark shorts unknown shirt on foot running south bound…. Fishlike hat on.”- cop at the scene. When the cops were driving around they’ve spotted an African American
Literature commonly depicts lawyers as justice-seeking protagonists, and though this is done in Anatomy of a Murder, when analyzed, Paul Biegler’s actions did more to subvert justice than to achieve it, and because of this justice is not achieved. Biegler does this in two ways. First, he coaches Manion into taking up an insanity plea, and continues to pursue this argument, despite knowing Manion was in control of his actions at the time of the murder. Secondly, he adopts the persona of a “small town country lawyer,” while in court in order to make the jury sympathize with him, and get in certain arguments he might not be able to present conventionally.
Even before the jury sits to take an initial vote, the third man has found something to complain about. Describing “the way these lawyers can talk, and talk and talk, even when the case is as obvious as this” one was. Then, without discussing any of the facts presented in court, three immediately voiced his opinion that the boy is guilty. It is like this with juror number three quite often, jumping to conclusions without any kind of proof. When the idea that the murder weapon, a unique switchblade knife, is not the only one of its kind, three expresses “[that] it’s not possible!” Juror eight, on the other hand, is a man who takes a much more patient approach to the task of dictating which path the defendant's life takes. The actions of juror three are antagonistic to juror eight as he tries people to take time and look at the evidence. During any discussion, juror number three sided with those who shared his opinion and was put off by anyone who sided with “this golden-voiced little preacher over here,” juror eight. His superior attitude was an influence on his ability to admit when the jury’s argument was weak. Even when a fellow juror had provided a reasonable doubt for evidence to implicate the young defendant, three was the last one to let the argument go. Ironically, the play ends with a 180 turn from where it began; with juror three
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.
Fear and confusion plays a huge part in the criminal justice system because of the huge number of cases and facilities unable to handle them. The building is condemned and they have new judge had begun his position as the new supervising judge. His name is Roosevelt Dorn. Beckstrand is excited to be working on Duncan's. His case is a well known infamous one and Beckstrand almost hated the kid. Offenders in this case are used to a substantial number of setbacks in the system and and finding her main witness is becoming trouble for Beckstrand. Ronald, along with the other young delinquents, doesn't seem to care about anything.
Yet with the help of one aged yet wise and optimistic man he speaks his opinion, one that starts to not change however open the minds of the other eleven men on the jury. By doing this the man puts out a visual picture by verbally expressing the facts discussed during the trial, he uses props from the room and other items the he himself brought with him during the course of the trial. Once expressed the gentleman essentially demonstrate that perhaps this young man on trial May or may not be guilty. Which goes to show the lack of research, and misused information that was used in the benefit of the prosecution. For example when a certain factor was brought upon the trail; that being timing, whether or not it took the neighbor 15 seconds to run from his chair all the way to the door. By proving this right or wrong this man Juror #4 put on a demonstration, but first he made sure his notes were correct with the other 11 jurors. After it was
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
The truth can sometimes depend on the circumstance and the person who states it. When confronted with conflicting accounts or questionable details, a judge within the court of law must decide the sentence of an individual with these obstacles in place. In this case, the defendant Dannie McGrew has been charged with the murder of Barney Quill, but claims that it was self-defense. The following contains a thorough explanation as to how the judge decided upon the verdict of acquittal.
The movie “12 Angry Men” examines the dynamics at play in a United States jury room in the 1950’s. It revolves around the opinions and mindsets of twelve diverse characters that are tasked with pronouncing the guilt or innocence of a young man accused of patricide. The extraordinary element is that their finding will determine his life or death. This play was made into a movie in 1957, produced by Henry Fonda who played the lead role, Juror #8, and Reginald Rose who wrote the original screenplay. This essay will explore some of the critical thinking elements found within the context of this movie, and will show that rational reason and logic when used effectively can overcome the mostly ineffective rush to judgment that can be prevalent in a population. The juror that seemed interesting is Juror #8, who was played by Henry Fonda. Juror #8, or Davis, is an architect, the first dissenter and protagonist in the film. He was the first one to declare that the young man was innocent and he managed to convince the other jurors to see his point of view. Durkheim states that when we respond to deviance, it brings people together (Macionis, 2013, p. 159). We affirm the moral ties that bind us together, which was seen in the movie. At first, almost all of the jurors were so bent on convicting the young man based on their feelings, but they then started to analyze the facts and they came together to make their final decision.
The Jury encountered the hardest decisions in the movie. All white jury was challenged in deciding whether the black man Carl who killed two white rapists was innocent or guilty. In the beginning of trial, as jury members voted each night at the restaurant, the decisions were clear on vengeance of Carl. Jake, the attorney tried to argue not guilty by Carl’s insanity in the heat of the moment. But, everyone knew it was nothing more than revenge. And from the side of law, it was wrong to take the justice in one’s own hands. But from the moral point of view, most people would have done what Carl did in respond to two rapists. Therefore, Jake concentrated on moral presentation in the closing arguments. He asked everyone in court room to imagine how they would respond if two men committed same crime to their own children. After that, the jury was emotionally effected by moral presentation. They agreed on Carl’s moment of insanity and cleared him of the charges. If I was in position to decide on punishment of Carl, I would have decide on guilty of the man murdering two people. One cannot take the justice on his hands. No one should be above the law, even the member of the
People in the courtroom are saying one of two things, he is guilty of something or he is scared. Those who think he is guilty see him as a dirty Japanese and a murderer. Whereas those who think he is scared see him as family or a friend. Throughout the trial, Nels Gudmundsson and Alvin Hooks made their views profoundly clear about what they wanted to happen. Alvin Hooks says to the jurors “ Look into his eyes, consider his face, and ask yourselves what your duty is as citizens of this community.”