Legal defenses can have a signification effect on disposition of the case. Factual Defense In a criminal trial when factual defense is used the defendant and attorney are claiming to the courts the defendant had nothing to do with the crime which took place. The defendant is insisting he or she is not to be held criminally liable for the charges brought forth by the state. The defendant may say he or she was in was not in the location of the crime at the time of the crime and may have an alibi as evidence (Schmalleger, Hall, Dolatowski, 2010). Legal Defense Justification and excuse is the two forms of legal defense.
The Right to have a Preliminary Examination Once a suspect has been arrested they are entitled to a preliminary hearing. This is designed as a safeguard to protect an individual against the possibility of detention or an unreasonable arrest, so the hearing is conducted to determine whether there is sufficient evidence to go to trial. The criminal procedure discovers what issues must be raised depending on whether the crime is a misdemeanor, a gross misdemeanor, or a felony. In Gerstein v. Pugh, 420 U. S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975) the United States Supreme Court mandated that persons arrested without a warrant and held by law enforcement must be given a preliminary hearing to determine if there is ‘probable cause.’ Probable cause means that there is reasonable ground exists by the arresting officer who believes in the facts, and a preliminary hearing or preliminary examination would decide whether a prudent person would believe that the suspect committed the offense in light of the facts.
If you were found guilty after a trial, you can appeal to the Crown Court against your conviction. However, if you pleaded guilty and were sentenced in the magistrates’ court you will not be able to appeal against your conviction, but you can still appeal against the length or nature of your sentence. In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full
The court pleads the man guilty without any proof of rape. Had this been a white man instead the outcomes would have been different. When Tom Robinson was asked why he helped the “Victim” he answered “Looks like she didn't have nobody to help her. I felt sorry for her”(Lee chap 19-20). When Tom said those words the court couldn’t believe what they had heard.
JonBenet’s parents were seen as suspects until authorities later found DNA belonging to a Caucasian male, clearing the parents from having anything to do with her murder. Authorities have yet to find a match. Although evidence was found but could not be linked to a person, her case was closed. Ramsey’s case was reopened almost 12 years after her murder. Ramsey’s case should have never been closed if evidence was found.
The judges do all the gathering of evidence and questioning of the witnesses before they decide to vote guilty or not. There are defense attorneys and prosecuting attorneys present at trial. Ultimately the trial is to prove ones innocence because they are automatically considered guilty in the Inquisitorial system. To us here in the United States it would be unfair to presume that someone is guilty right away. We try to give people the benefit of the doubt that they are innocent and it is the burden of the state to prove they are guilty.
If the accused appears in court the money is refunded at trial but if the accused refuses to appear then the money is not refunded and a warrant will be issued for his or her arrest. At the time of an arrest the officer is responsible for reciting the Miranda rights to the accused ("Sixth Amendment", n.d). References Due Process Model Law & Legal Definition. (2013). Retrieved from http://definitions.uslegal.com/d/due-process-model/ The United
If the person is not charged it is so they can further the investigation, if they are charged it is so they can remain at liberty until the court date. The decision whether bail should be granted is made by the Custody Officer, under section 38 of PACE. They can refuse bail if the name and address can not be discovered or is not genuine. The magistrates also have the power to grant bail if the police have charged the suspect and have refused to grant bail. The suspect must be brought before the Magistrates court at the first available opportunity.
Therefore, certain teen criminals deserve to have opportunities to rehab their inappropriate acts. However, the family members of victims argue that those young criminals had no regret to kill people and they would not change their bad behavior. The civil right group, The Equal Justice Initiative, rejected the media interviews before hearing because daughter of victims kept her belief of giving punishments for young criminals. Certain cases were shown that it was too cruel for young lifers. Quantel Lotts, who was put in prison without parole at 17 years old, still wished judge to give him a chance when he accepted the interview for New York Times.
If the jurors cannot get a unanimous vote in some states it is known as a “hung jury,” with the consequences being a “mistrial” whereas the prosecution might set a new court date and go thru the process again from the beginning (Zalman, 2011). It is normally up to the prosecution if they want to prosecute