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The role of the prosecutor in a criminal trial
The role of the prosecutor in a criminal trial
The role of the prosecutor in a criminal trial
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The burden of proof in any case lies to the prosecutor. The prosecutor has to provide evidence that proves the defendant is guilty beyond reasonable doubt. It is the work of the prosecutor to convince, through evidence, the judge or the jury of a criminal case that the accused committed the offense and did so knowingly or out of negligence. The evidence must point the defendant as guilty such that any reasonable person would have no doubt of a guilty verdict. The prosecutor’s evidence in a criminal case must be of a set standard such that no other logical explanation can be derived from the facts except that the accused committed the offense. Prima facie evidence refers to evidence that is sufficient to prove a conviction against a defendant …show more content…
unless other evidence opposing it is brought forward in its rebuttal. A prima facie case is one that has sufficient evidence to prove the charged as guilty unless there is substantial opposing evidence presented. It is used to refer to self-evident case or evidence that could be said to be sufficiently strong to make a case out. The prosecution of O.J Simpson was brought under the code of rights for all accused. He was given the right to representation by counsel as required by the code of criminal procedure. The prosecutors believed they had enough evidence to close the case and thus started with establishing a history of spousal abuse which derailed the case. The trial of O.J Simpson was pivotal in the prosecution of crimes in the United States because it was transforming in the American racial, social, and legal history. It allowed the confrontation of the ugly underbelly of the criminal justice system at the time. The case brought celebration to the African Americans since they saw the justice system in their favour. The criminal justice system remained intact since justice prevailed despite the various reactions people had regarding the case. The case made the jury to understand the reactions people have, and they have more suspicions on the evidence of police which when all put together contributes to the beneficial effect the case had on the law and justice in America. The case brought an overhaul of the DNA labs in all States that has enabled the prosecution of cases with more solid evidence. It is used by many prosecutors and judges across the country as a benchmark to examine their protocols and procedures if they were to face cases of this magnitude. Opening statements are the introductory remarks made by each side at the beginning of a trial, the prosecution, and the defence. It helps apprise the jury with the issues in question and summarize the evidence intended for the trial by each side. Defence attorney, Johnnie L. Conchran gave the most persuasive opening statement in the trial of Simpson. Conchran tailored his opening remarks to suit an audience who wanted to feel his message rather than understand it all together. He portrayed the prosecution as evasive in leaving important details pertaining to the case and thus stated he would start by mentioning them. In particular he brought out information about the Simpson’s lady neighbour who walked her dog several times the night of the murder. She explicably gave an account of the events as she perceived them from her compound through the words of Conchran which was in a way very persuasive in an opening statement. Robert Shapiro was the attorney who exhibited the most prowess in being able to organize evidence and shift the focus of the jury to reach the precise conclusions he felt they should get to from the provided evidence. Establishing a Prima facie case for murder means that the prosecution should have solid evidence that is enough to convict the suspect in the trial of the murder charges unless there is opposing evidence. The defence attorney is charged with the responsibility to challenge the prima facie case in bid to show the defendant as not guilty of the murder charges. In the O.J Simpson case, the lead detective, Mark Fuhrman, helped establish a prima facie of homicide for the prosecution. As a key witness, he hurt the prosecution by lying on the stand about using racist language in reference to the African Americans. In the lying and covering up of his racism, he was identified as a liar and thus could not be trusted. His evidence was key to the prosecution as it involved the bloody glove from Simpson’s estate but worked against them as the defence lawyers suggested that he placed the glove out of a racist aspiration to frame Simpson, a black man. Other than the testimony from the witnesses in the people vs.
O.J trial, there were other key evidence materials that challenged the prima facie murder case of Nicole Brown Simpson and Ronald Goldman. First was the crime scene blood where blood drops were found alongside bloody shoeprints leading away from the bodies of Nicole and Goldman, there was blood on a gate at the back of the condominium, and blood from both sites contained O.J’s genetic markers. O.J had a cut on his hand when interviewed by police after the murders. The defence alleged that the blood samples were collected improperly and handled poorly rendering the DNA results unreliable. The bloody gloves found on the crime scene and the one found behind O.J’s guest house were cashmere-line Aris Light leather similar to the 2 pairs Nicole bought for her husband in 1990. The blood on the gloves seemed to contain Simpson’s genetic markers and had a long strand of blond hair similar to Nicole’s. The defence disputed by suggesting that the glove was planted by detective Fuhrman who they termed as a racist trying to fix Simpson and that hair analysis is not sophisticated enough to be trusted in a prima facie of murder. Then there was a pair of dark, crumpled socks whose DNA tests established genetic markers of O.J and Nicole. The defence said the socks were placed by cops then blood put on them later at the police lab. Blood soaked through one sock to the other side a scenario that wouldn’t have happened had the sock been on a foot. This was compelling that this piece of evidence was tampered
with. The defense’s closing arguments were more persuasive than the prosecution’s. The prosecution started their closing statement with Deputy District Attorney Marcia Clark who called detective Fuhrman a racist and liar but asked the jury not to consider his testimony and keep focus on the big picture. Defence lead attorney Cochran’s strong closing remark, “If it does not fit, you must acquit,” was of astounding success and had epistemological determinism. The way he expressed his closing statement was definite and made a more effective argument than if it were probable. The trial of the people vs. O.J Simpson was affected by some outside factors including the media coverage and the society reactions. the media coverage was controversial at times and judge Ito had to rule on whether to allow cameras into the courtroom. The case was viewed as a case between the whites and blacks and thus racial comments affected the trial in a huge way. The case was a divisive one in the United States because the white people believed and could not be convinced otherwise, even after the acquittal of Simpson, that he was guilty of the charges, whereas the black Americans believed it was a case against a fellow black man. The African Americans believed justice prevailed while the white Americans thought there was injustice. This case is important to the study of criminal justice and criminal prosecution since it helps us to understand the requirements of establishing a prima facie murder case as the prosecution thought they had. On reading the primary documentation about this case, I believe the prosecution would have a better chance if they had taken more precaution in the handling and collection of evidence and in the presentation of their closing statement.
According to the Innocence Project (2006), “On September 17, 2001, Chad wrote the Innocence Project in New York, which, in 2003, enlisted pro bono counsel from Holland & Knight to file a motion for DNA testing on Tina’s fingernail scrapings.” The state had tested the DNA that was under Tina’s nail from the first case but at that time it was inadequate and could not be tested. It was not until now that we have the technology capable enough to test it. In June 2004, the test came back negative to matching both Jeremey and Chain Heins but did come from an unknown male. The state argued that it was not enough to overturn the conviction so Chad’s attorney asked the state to do some further testing and to compare the DNA from under the fingernails to the hairs that was found on Tina’s body. It was in 2005 that the Florida Department of Law Enforcement confirmed that there was a match between the DNA under Tina’s nail and the pubic hair. According to LaForgia (2006), “this particular type of DNA, the report stated, was found in only about 8 percent of Caucasian American men.” During this process there was a new piece of evidence that Chad’s attorney had learned about during the appeals process, a fingerprint. There were some accusations that the prosecutors never disclosed this information about this third fingerprint and if they did it was too late. The jurors did not even know about this fingerprint and if they did this could have changed the whole case. This fingerprint was found on several objects that included the smoke detector, a piece of glass, and the bathroom sink. It was soon discovered that this fingerprint matched with the DNA found on the bedsheets that Tina was on. This was finally enough evidence to help Chad Heins become exonerated in
The Supreme Court used this evidence, and the fact that the pants and the blood had been transported to the crime lab in the same box, and that a vial and a quarter of autopsy blood were missing, to rule that, if known by the jury, could have created reasonable doubt (House V. Bell, 2006). This, along with the evidence, presented by House, that Mr. Muncey had a history of spousal abuse against Mrs. Muncey, and the fact that he had fabricated an alibi to cover his whereabouts for the time of the murder, could have created a reasonable doubt in the minds of the jury, had it been presented at trial (House v. Bell, 2006). It was with these facts in mind that the Supreme Court reached a final ruling in this case. The Court’s final ruling was that while House had not presented sufficient evidence to exonerate himself completely, he did present enough evidence to create the question of his actual guilt, and warranted a new trial (House v. Bell, 2006).
found behind the guest house was proven by DNA testing to have O.J.'s blood and
Even though the prosecution presented evidence to the court, the only clear-cut hard fact the prosecution had against Anthony was that she failed to file a report for her missing daughter Caylee and that when she finally did a month after her daughter had gone missing, she proceeded to lie profusely to the authorities on the events that took place. The prosecution focused highly on the forensic evidence of decay located in the trunk of Casey Anthony’s car. The use of a cadaver dog to search the vehicle led investigators to be able to determine that a decomposing body had been stored in the trunk of the car. The forensics department used an air sampling procedure on the trunk of Casey Anthony’s car, also indicating that human decomposition and traces of chloroform were in-fact present. Multiple witnesses described what they considered to be an overwhelming odor that came from inside the trunk as it where the prosecution believes Caylee’s decomposing body was stowed. Several items of evidence were ruled out to be the source of the odor, as experts were able to rule out the garbage bag and two chlorine containers located in the trunk as the source. The prosecution alleged that Casey Anthony used chloroform to subdue her daughter and then used duct-tape to seal the nose and mouth of Caylee shut, inevitably causing her to suffocate. Based off the
One of the most coveted trials in terms of popularity and media attention the O.J Simpson trial which took place between 1994 and concluded on October 2,1995 with O.J Simpson being acquitted of charges laid upon him during the Murder Trial Due to handling of physical evidence and questions over whether Mark Fuhrman planted the bloody glove at the scene to frame O.J. so in an attempt to understand how a deviation from standard operating procedures in the handling of physical evidence can affect the outcome of a criminal trial; One most first understand evidence and how to preserve it. When the crime scene technician took blood samples from Simpson’s Ford Bronco (1996) she used a cotton swab to take samples; but instead of using
...on’s blood was found at the scene of the crime. There may be ways to plant such evidence, but it would be rather difficult to draw blood from a man without him realizing it and planting it at the scene of a crime. I also would have expressed that O.J. had a motive to kill his ex-wife, as well as a history of violent outbursts towards her. With all of the evidence that the prosecution had at their disposal, they should have been able to pin the murder on O.J. beyond a reasonable doubt. Everything pointed to O.J. and showed that he was the murderer. The only thing the prosecution was not able to do was fit the bloody glove on O.J’s hand. The only issue is, the glove was made of leather and had been soaking in blood prior to being found. When leather is soaking in a liquid, it tends to shrink. If only the prosecution had realized this, the case would have been theirs.
Jones, Thomas L. "The Murder Trial of O.J. Simpson." The Murder Trial of O.J. Simpson:Gloves,
Because Simpson was the prime suspect, the judge legally ordered searches on O.J’s house as well as the crime scene. The goal was to find proof that he did commit the crime, by finding DNA or items. Shortly after the searches and tests began, evidence was found. DNA from the crime scene matched the DNA of O.J. Although proof was found, Simpson continued to plead not guilty. Surprisingly enough, O.J st...
After a lengthy two hundred and fifty-two-day trial “not guilty” were the words that left the world in shock. O.J Simpson was your typical golden boy. He had it all, the nice car, the football career, and his kids. Unfortunately, this all came to an end when two bodies came to be spotted deceased in Nicole Browns front yard and was a gruesome sight. O. J’s ex-wife Nicole Brown and her friend Ronald Goldman both found with brutal stab marks. Unfortunately, all his glory days now brought to an end, he went from playing on the field to begging for his freedom when becoming the main suspect of their murders. Since this trial has not only altered the way Americans viewed celebrities, but it also racially divided society,
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 prosecution says DNA tests place Simpson's genetic markers on the drops of blood leading away from the bodies. There were also blood samples, similar to Simpson's and the victims, found on O.J.'s Bronco truck. Simpson's blood was also found on his driveway and his foyer. The prosecution says Simpson cut his hand during the murder. The defence says Simpson cut his hand when he reached for his phone in his Bronco and later cut his hand on a glass. The main focus of the defence is the contamination of physical evidence.
A crime being committed is the first event to initiate our criminal justice system. On June 12th 1994 a double murder was reported at the residence of Nicole Brown Simpson the ex-wife of the then beloved Orenthal James (OJ) Simpson. It was discovered that Nicole Brown Simpson and Ronald Goldman had been brutally murdered and the Los Angeles Police Department (LAPD) began their investigation, this being the second step in our criminal justice system.
OJ “The Juice” Simpson is clearly responsible for the tragic deaths of his wife Nicole Brown, and Ron Goldman.There are more than enough proof that suspect that the verdict of this should be reconsidered.The shoes print which were indeed Simpson’s,blood marks that were left on OJ’s car the blood spots left on his gloves,his suicide note.All of these were compelling facts that OJ was the murdered.However due to the miscarriage of justice Simpson was unfortunately found not guilty.Wealth played a major role for the conclusion of the verdict, OJ had a very good legal team that raised questions over much of the evidence and testimony against him. If the average person were charged of crimes that OJ has committed, he/she couldn't afford the lawyers and staff to mount the defense OJ could.
For example, according to a CNN article entitled,” 'Blue-eyed butcher ' sentenced to 20 years,” “A medical examiner testified he was able to count 193 wounds on the body, with the actual number of stab wounds well in excess of that” (Jakobsson, 2010, para. 6). Pictures were also presented to the jury to show the disfigured body. Another piece of evidence leading to the conviction of Susan Wright was the autopsy done that showed drugs in Wright’s system. The author of CNN stated, “They also suggested she may have drugged him with gamma-hydroxybutyric acid, known as the "date-rape drug," low levels of which were found in Jeffrey Wright 's system” (Jakobsson, 2010, paragraph 10). One last conclusive piece of visual evidence was the presence of two of Jeffrey’s ex-girlfriends. “Misty McMichael testified Wright beat her repeatedly during their two-year relationship and tried to control her every move” (Jakobsson, 2010, paragraph 13). McMichael also claimed that Wright had pushed her down the stairs 104 times and at one point even locked her in a room (Jakobsson, 2010, paragraph 14). This evidence was in favor of Susan Wright. The impact of this visual evidence was significant in many ways. Evidence is proof and proof cannot be made up, only misinterpreted. Therefore, the excessive amount of stab wounds found on Wright’s body along with the drugs found in his system was
It was the night of June 12, 1994, a woman and her long time male friend are murdered in cold blood. The victims, Nicole Brown Simpson, her neck cut so savagely it was almost severed from her body and Ronald Goldman, stabbed repeatedly, nearly 30 times. The accused, her ex-husband and football star, Orenthan James Simpson, better known as O.J. Simpson. During the trial, a trial that consisted of 150 witnesses, lasted 133 days and cost in the ball park of 15 million dollars, there were many questions asked and even more questions left unanswered (Douglas).