With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
With Due process it the principle that the government must respect all of the legal rights that are owed to a person according to the law it helps us in our court system to plead not guilty or guilty. With Double jeopardy it is good because you can’t get charged for the same crime twice. So this amendment is really important even if you did commit a crime. Rules for a Fair Trial 6 1. Have speedy and public by an impartial jury of the state and district where the crime was committed in.
I believe neuro-imaging could be used as evidence. While many people may use it as an excuse for their actions, it makes sense for why they did these actions. I do not believe it should give them a free pass out of jail (since they still know its wrong and CAN ask for help), but I do think they need counseling and medication over some jail time since that is the only thing that will cure their problem. 5. Do you believe that the judicial system should be based on holding people accountable for their choices (blame) or probability of future crimes committed?
There is a moral difference between Shelton’s killing of his attackers and that of his other victims. Darby and Ames caused personal harm to Shelton and thus gave him the moral right to try and prevent any other future pain that could be caused by these men, but the other victims were combatants in the war that Shelton waged against the “system”. When looking at Darby and Ames, Shelton takes a more utilitarian approach when dealing with their killings. The government “system” is supposed to punish those who are wrong. But in the trial of Darby and Ames, only Ames was punished severely while Darby was allowed to go free.
Sometimes people feel the defendant has too many rights and has more benefits, which could help them get away with criminal activity. All these points are valid, but they are forgetting about the rights of people and what they stand for. I would think people would want defendants to be punished fairly and not have an opening, where they could possible get their case dropped because of something illegal done on the prosecution or law enforcement
Right to Counsel Elsie M Farias CJA 364/ Criminal Procedure March 27, 2013 Professor Horwath Right to Counsel The Sixth Amendment of the United States constitution grants the right of a person accused of a crime the right to counsel to aid and represent themselves. This is known as the Right to Counsel. The Right to Counsel is founded on the Right to a fair trial. If a defendant is unable to retain their own counsel, they have the right to request one to be appointed to them. The defendant also has the right to not retain or request a lawyer and this turns their representation to Pro Sea which basically means one waives all their rights.
The concepts of how standards of objectivity apply to this scenario is standards may be objective based on facts or someone’s morals. My partner believes that what the suspect did was wrong, and I agree it was, but because objectivity is external when we believe something is morally or ethically wrong. The judgment we make we think is right if it complies with the standards of justice in the world. Most people hate child molesters more than any other type of criminal, it is common to see one being harassed or beaten because of it. Unfortunately my partner and the guys in the locker room are not looking at the situation objectively but subjectively, and doing what they think the suspect deserves.
He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.
What is a jury Trial A jury trial is when someone has been charged with criminal offenses but they also have that constitutional right to a trial by jury as well. The defendant also has the right to elect a bench trial and what this means is that the trial in which the judge decides the verdict so therefore the defendant can elect to have a jury tri.