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Assess the effectiveness of the criminal trial process
Role of a jury in a criminal trial
Role of jury in criminal trial essay
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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…
When Bennett had come home, she found her daughter dead due to dehydration. When asked what had happened, she first told police that she left her daughter with a babysitter. Later, she had admitted to leaving her infant daughter alone and knew she would die in a few days. Through evidence and witness statements, I was able to conclude that the defendant, Mary Bennett, is guilty of second-degree murder of her six-month old, infant daughter. The statement given by Policeman A, further validates that Mary Bennett is guilty for the death of her daughter.
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…
statements. The testimony of Dr. Parker, a psychiatrist, also further confirms my opinion of Bennett being guilty of second-degree murder. Dr. Parker is a trained professional and his opinions should be taken as credible. Not only is he a trained professional, but he has participated in hearings before and is well aware of the testing involved. This furthers his credibility. Dr. Parker had interviewed Bennett four times in the past three months after the death of her infant daughter. He believes that she may be suffering from depression and anxiety at the moment, but is well aware of her actions and what they had caused. He also believes that she was mentally competent on the day she had left her infant daughter alone. Dr. Parker states, “She was aware that she was leaving her child unattended and that the child would be in great danger,” (“Mary Bennett,” pg 2). An opinion that made me think further on whether or not she was guilty, came from Dr.
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.
Parker. The statement from Caroline Harper, Mary Bennett’s neighbor, helped the persecution paint a picture of who Bennett was. She explained that she also saw Bennett on the night of January 30th. She described Bennett as looking distraught and without her infant. After, she exclaimed that she was not at all surprised by what she had did. Caroline testified that Bennett was always having parties and her trash bin was always filled with empty whiskey bottles. She made it clear that she did not agree with Mary Bennett’s lifestyle and believed her to be an unfit mother to her daughter. Though Caroline’s testimony should be taken into account, I believe she is not as credible as their other sources. She made sure to put Bennett and her lifestyle down instead of giving the jury facts. Even though her statement helps paint a picture of who her neighbor was, Caroline is obviously biased and her statement should not be taken as fact. The defense team also had a character witness to help paint a picture of who Mary Bennett was. Alice Jones’ gave the statement that she believed Bennett to be a sweet, decent woman and a wonderful mother. She explained that she noticed that Bennett was depressed after her fiancé had left her. She confirmed that Bennett did use drinking as a coping mechanism, but it furthered her depression. Alice explained that Bennett lost all sense of reality and had to go fix things with her fiancé. She also stated that she does not believe her friend intentionally left her daughter unattended because she loved her so much. Alice Jones’ puts another perspective on the defendant. Her statement paints an entirely different picture of Bennett. Though she does know the defendant in a different light, her statement is still biased. The last to give their official statement was Mary Bennett herself. She had stated that she had no idea what she had done, and had trouble putting together the pieces. She explains that hse was frightened and anxious and felt like she had lost all control. She had also said that she must have just assumed that someone else was taking care of the infant because she was so fixated on going to see her fiancé in California. I do not believe Bennett’s statement to be credible. Early on in the investigation, she made statements that had conflicted. I believe that Bennett’s statements cannot be trusted. The first reason is that she made conflicting statements early on. The second is because facts are known to be skewed after so many months. From all of the evidence and witness statements, I believe that Mary Bennett is guilty of second-degree murder of her six-month, infant daughter. I believe that she was aware of what would happen when she left her daughter alone and unattended. The statements of Policeman A and Dr. Parker further validated my beliefs of Mary Bennett. She should stand trial for the death of her daughter, because today she is mentally competent and was mentally competent on January 30th.
The litigation of R. v. Buhay is a case where the Charter of rights and freedoms was violated by the policing parties but maintained and performed by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began to distract the security guards while his friend placed a duffel bag in the locker they had rented. After they left, the security guards were so engrossed by the smell coming from the locker that they unlocked it to find a sleeping bag full of marijuana in the duffel bag. Buhay was arrested the day after the bag was taken into possession even though no warrant was received to search the locker in the first place. During the first trial, due to the violation of the Charter by the police officers, Buhay was acquitted. The Crown, however, appealed this ruling and the case was taken to the Supreme Court of Canada where once again Buhay was acquitted in a 9-0 ruling. Although Buhay committed a crime by possessing marijuana, the police violated the Charter by searching Buhay`s locker without a warrant or his consent, making the Supreme court of Canada`s decision to acquit Buhay reasonable. The Supreme Court of Canada`s decision to acquit Buhay was reasonable due to the fact that the police violated the Charter of rights, no warrant was received to unlock the locker let alone seize the duffel bag, and lastly because the bus depots terms for the locker were not efficiently provided to the customers making them aware of any reasonable search conduct.
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.
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.
On a cold northern morning the body of a man lay still in his bed. His blood did not flow, his heart did not beat, and his chest didn’t fall with breath. His wife sits still downstairs in the gloomy house that she views as a cage. Her stare is blank and her hands move slowly as if she is in some trance that shows absolutely no remorse. Minne Foster is guilty of murdering her husband which becomes apparent through the evidence and details given by Susan Glaspell in “A Jury of Her Peers”. Glaspell gives evidence and shows the realization that both women in the story also know that Mrs. Foster is guilty. Minnie Foster is guilty of murdering her husband, but a defense could be made to protect her.
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.
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
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
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 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
Sandra Lovelace v. Canada, Communication No. R.6/24, U.N. Doc. Supp. No. 40 (A/36/40) at 166 (1981).
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.
... up with a verdict for the accused person (Lamb, 2013). This is because the jury is filled with laymen who do not have any understanding of the law, and if they are allowed to deliberate on the evidence produced in court, then they may be misguided and may at many times find the accused person innocent while in the real sense they were guilty.
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