As mentioned earlier, the Right of Self-Representation is this right to represent oneself as Pro Sea. Presently, courts at all levels of the Criminal Justice system require that the defendant be aware and understand the disadvantages of representing one’s self as most people not practicing law, will not be aware of certain defenses that can facilitate their case. A person going Pro Sea will have to sign a waiver or
Week 1 Individual Work Criminal Evidence Judith Ramos The country that I chose to write about is Aruba. I believe all countries have different approaches in determining the truth in criminal proceedings. In the U.S. the legal lsystem is det up with judges; lawyers; juries; and prosecutors. What the purpose of the trials in court is to bring justice to the victims involved in the crime. We have to make sure that all evidence is brought to court; all witnesses are present; have all the necessary documents needed to prove a guilty or innocent verdict.
PA260: Criminal Law | The Sixth Amendment | Unit 8 Assignment | Deveny Seagraves 5/11/2013 | Deveny Seagraves PA260: Criminal Law Unit 8 Assignment May 11, 2013 The sixth Amendment sets up a strong foundation to what the court system has to offer to the defendant. It states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” (Findlaw) Under this amendment there are seven rights granted those rights are as followed; The right to a speedy trial, The right to a public trial, The right to be judged by an impartial jury, The right to be notified of the nature and circumstances of the alleged crime, The right to confront witnesses who will testify against the accused, The right to find witnesses who will speak in favor of the accused, and The right to have a lawyer. There are two pacific cases that I located while searching about the 6th amendment that I found interesting. Those cases are Powell v. Alabama 287 U.S. 45 (1932), and Gideon v. Wainwright, 372 U.S. 335 (1963). The seven rights granted under the 6th amendment play a valid role in what our courts should offer to the defendant.
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. In the future of plea bargaining, I would like to see those who do choose to go to trial to receive no biased or threats of harsh sentences placed upon them simply because they chose not to agree to a plea bargain and maintain their constitutional right to remain innocent until proven
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. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue a warrant for his or her arrest. Once the criminal or civil trial has begun, the judge presides over the courtroom (Meyer & Grant, 2003). When the jury reaches a verdict of guilty, the judge is responsible for following established legal guidelines during sentencing.
According to FindLaw.com, 2012, the Sixth Amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.” The Fifth Amendment declares that “no individuals shall be deprived of life liberty or property without due process of the law” (FindLaw.com, U.S. Constitution: Fifth Amendment, 2012). An individual who receives the obligation or privilege of a jury trial before a judge is exercising his or her Fifth and Sixth Amendment rights of the United States Constution. As mentioned earlier not every criminal case makes it to a jury trial. However, criminal defendants do receive his or her due process rights. These rights are handed down to the states from the Fourteenth Amendment of the United States Constution.
Criminal Procedure Policy CJA364 Criminal Procedure Policy The criminal justice system has its procedures and policies that help to control how it operates and to protect those that are in the criminal justice system. The Bill of Rights and the Constitution guarantees that the criminal justice system affords Due Process to all persons that are involved in the system. The fourth amendment gives the people the right to protect themselves and their possessions from unreasonable search and seizures. The Fifth Amendment states that a person shall not be held to answer any question indictment by a grand jury. The sixth amendment gives the people in the criminal justice system the right to a speedy trial.
At this time if the defendant chooses to have a counsel present, the counsel has to be present them from the beginning of the defendant’s court proceedings, through the end of the initial appearance through the appeal, unless the defendant chooses to waive there rights. This is governed by federal and local courts because in some cases there appears to be multiple arrests, and because of this Joint Representation is possible. This allows defendants to be represented by the same attorney’s. Sometimes the court orders separate cases tried to bring in a single indictment. Afterwards the arraignment is opened in court to make sure the defendant has a copy of their indictment, after the indictment is read and the defendant is asked to give a plea whether guilty or not guilty.
Now all police agencies present Miranda Rights to people who are being arrested so that the person in custody can know what their rights are. In the Constitution the 5th Amendment states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in
Right to Counsel CJA/364 Jill Violanda Parr October 17, 2011 Professor Scott Horwath Right to Counsel is a right that everyone has when he or she has committed a crime and he or she is arrested for the crime. Right to Counsel is a privilege and is and should be granted to all citizens. Any accused person has the option to invoke the assistance of counsel for their defense. This includes provisions regarding any alleged criminal from the time they are taken into police custody. A court appointed attorney is often granted for preliminary hearings or for those who are not able to afford counsel.