Case Analysis Assignment-The Trial of Orenthal J. Simpson April 7th, 2013 Fundamentally, the burden of proof falls on the prosecution and means that they are required to present evidence during a trial that must prove beyond the shadow of a doubt that the defendant did in fact commit the crime they are being charged with. The burden of proof entails that the prosecution present evidence that is accurate of the guilt of the defendant and in addition persuade the jury that the evidence presented establishes that guilt beyond a reasonable doubt. The Latin meaning of prima facie is first look. It refers to criminal prosecution wherein the evidence previous to the trial is satisfactory to prove a case except there is significant ambiguous evidence given at the trial. Subsequent to the prosecution putting on the total of its evidence, the defense attorney will customarily ask for a dismissal of the charges due to lack of sufficient evidence.
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
In due process a criminal case cannot be built against someone unless the proper steps have been met to the courts standards. If a person is clearly guilty but the facts and
(Scmalleger, Pg.21) 2). Why is due process such a central notion in American criminal justice?- In the American justice world due process is very important. The notions of due process are the right to be presumed innocent, the
The instability of the defendant could have been, however, with the proper treatment they could recover. The defense is required to prove the lack of mental ability to commit such a criminal act. The standard of right and wrong must be established to prove
United States, 1932. It states basically that a person cannot be tried for lesser and greater crimes using the same evidence in subsequent trials. A person can be tried on lesser and greater crimes using the same evidence if the crimes are tried together in one trial. This does not constitute double jeopardy because the defendant is not tried twice using the same evidence. The Blockburger test, in the Court's words is this, "The test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does
Dontae caine Lgs 3:30-4:45 4/6/2013 MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISSON GROUNDS THAT THE STOLEN VALOR ACT IS UNCONSTITUTIONAL To: Law partner to the current state of the law From: Dontae Reshard Caine Re: Stolen Valor Act as Unconstitutional Issue: Does the First Amendment protects false statements of fact – made without any apparent intent to defraud or gain anything? If so, what level of protection do they deserve. Six Justices agreed that some protection was warranted, but disagreed as to the amount, and three Justices believe that the First Amendment does not protect such lies at all. Background: The defendant has been charged by criminal complaint with one count of violation of 18U.S.C. § 704, popularly known as the Stolen Valor Act of 2005.
What I mean by this is that the government, not a private party, files the litigation. By the government taking action, the case is classified a criminal law case and not a civil law case. Then why were civil law standards applied to the criminal law proceeding of In re Winship? Due process requires that the procedures by which laws are applied must be evenhanded, so that individuals are not subjected to the illogical exercise of government power. Granted, the procedures that are needed to satisfy due process will vary depending on the circumstances, and subject matter involved; Winship was clearly being evaluated by two different and unequal evidential law standards, violating his due process rights.