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Roles of judges in courtroom
Role of judges
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Of the many processes carried out in the United States daily one process that occurs is the trial processes in today’s courts. A daily course of action well performed foreshadows commendable results. This as mentioned by, an American motivational speaker, Eric Thomas, when he said this in one of his speeches; “Fall in love with a process and the results will follow.” Therefore, following the detailed proceedings of preparing for a trial will lead to a well-made case. In preparing for a trial, the first step which includes gathering any needed information. Thus, to prepare documents for a trial (noted later) one needs background information. Markedly, this information includes a witness list, court records, calendar of events, probable causes ( reasonable grounds), as well as any further material. In most cases, information consists of many fine points.
After gathering data there are statements to prepare. Primarily the first things to prepare are the opening statements. Thus, as a prosecutor (lawyer who presents the side of the people) the opening statement is essential. In the opening statement the entirety of the prosecution’s case must be given. Corresponding to this is the next step of the process.
Succeeding the above, the next thing one must prepare is the witness list and the
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Thus, such statement has to include all essential information, its relevance, and the charge which the prosecution is asking for. In a court the prosecution has a two part statement as they open the closing arguments, and after the defense goes, the prosecution presents again. Therefore, this statement should be done in two parts. The later part should be open to include statements which are to disprove the defense’s statements. Once done with this statement, the pretrial work is finished and opened to any revision as new information or witnesses are
Statement of the Case: This part has the summary of the dispute, and what happened in the lower court and present court by the time that the brief was filed. Also, this part provides important facts and a word by word recall of the case (Statsky, pg. 545).
Returning to the judicial world of the Bronx Family Court as a judge, after years of working in administration, Judge Richard Ross is astonished to find a distinctly more disjointed situation than the one he left. As he attempts to live out his life as “both the fact finder and arbiter of the law” it is clear the current judicial system does not serve him well (xv). Judge Ross conveys to the reader the fundamental issues of the Family Court system through his day to day happenings which range from endless caseloads to death threats. The use of personal experience is effective in adding credibility to more clearly convey his point that not only the Judges, but the case workers, 18-B attorneys, and various legal aides are overworked to a point
In the opening statements both side of the case make opening statements to lay the foundation of their cases. Opening statements are not allowed to be argumentative and cannot be considered evidence by the jury; they are the road maps laying out where each side intends to take its case. First the prosecution presented its case. They alleged Peterson killed his wife in their Modesto home because he was having an affair, then drove her body nearly 100 miles to San Francisco Bay and heaved it overboard from his small boat. Prosecution offered a steady drum beat of small bits of circumstantial evidence. From the Russian poetry Peterson read his mistress to the fishing gear in his alibi to the dessert featured on a particular episode of Martha Stewart Living, it added up to Peterson's guilt, they suggested. The defense countered that Modesto authorities unfairly targeted Peterson, ignoring important leads that didn't fit their theory. Defense said that, while prosecutors had only assembled a circumstantial case, they had five witnesses that were direct evidence of Peterson's innocence.
In criminal justice, detectives need many skills that help capture the suspect. One of the important skills is finding and presenting evidence. This is significantly important because according to the Criminal Justice
This chapter is mainly devoted to the jury selection process and how it is taken care
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
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,
The first step of the interrogation begins with direct positive confrontation. This is where the interrogator confronts the suspects in a manner that creates an understanding that there is evidence against them. This evidence may or may not be true but the evidence is exaggerated so that it i...
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
After analyzing the discourse community of law and the detailed process lawyers take in order to write an effective appeals brief, one can see that lawyers have a very specific and unique way of communicating that includes certain jargon unfamiliar and possibly incomprehensible to the general public. Although writing an appeal brief is only one aspect of many that government prosecuting attorneys such as Kenny Elser face in their jobs on a daily basis, it is also a very necessary job because not only is it used by a single discourse community in the law profession but utilized by the discourse community of law as a whole.
The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...
Key aspects of the preparation stage, as defined by Budjac Corvette and utilized by juror 8, include preparation occurring prior to the negotiation meeting, research, and determining negotiation tactic and style. Throughout the jury deliberation, juror 8 disclosed information
For the first mock trial held in class, the case of the stolen lunch, I did not have a large role. I chose to be a part of the jury, which I feel gave me an immense feeling of responsibility and really allowed me to deeply analyze the case as it was being presented. Within this case, Mary Ovechkin, the plaintiff, had claimed that her lunch had been stolen and ate by the defendant, Sammy Crosby. My first expectation of this case, before it had actually started, was that the defense and prosecution would each have time to present their cases. I expected both sides to question those who were involved, such as the witnesses, defendant, and plaintiff. Then I expected to have to come up with my own verdict to share with the rest of the jury based on the evidence presented. Based on my role, I expected to learn how the jury reaches their decisions.
Researching and Making the Court Papers: The Lawyers have to brief the court about the case well in advance about the issues to be discussed.