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.
Lauren highlights several factors that led to the formation of UPR and HRC. He also looks at various materials that highlight the basis for the formation of the international criminal court and how it functions. Every scholar and learners with focus on international law and human rights would definitely find this reading a compelling piece. Lauren incorporates the works of various human rights figures, NGOs and even activists to reinforce her points and hence perfectly handles the issue of bias. Lauren gives her approach a global take.
In juvenile court a plea bargain hinges on a juvenile's compliance with certain conditions. For example, as part of a plea deal, a juvenile may need to attend counseling, obey curfews, or even attend rehabilitation program. In the adult court a plea bargain hinges on the involved defendant pleading guilty to a lesser charge, or to only one of several charges that they have. Sentencing Hearing exist for juvenile and adult offenders. A sentence hearing is when the judge gives the offender there sentence that they have to
This paper will highlight the verbal and nonverbal communications involved with police situations, courtroom settings, corrections facilities, and juvenile facilities. All officials including law enforcement must be selective with the information they provide to the press especially when pertaining to a criminal investigation. Presentation of that information is also an important aspect to remember. Tone of voice, body language, and facial expressions impact this presentation in a variety of ways. All three of the aforementioned items can have a huge impact on any
However, our communities want police officers to use reason and the law when fighting this fight. In order to do that correctly there are several principles we must follow in order to always be on the right side of the law. The first principle I think is important is in regards to use of force. Tennessee v. Garner (1985) and Graham v. Conner (1989) is where law enforcement agencies determine what force is “necessary” for them to use. A police officer must be able to defend themselves or another if they reasonably
If bail has not previously been set, it is often set at the same time as the arraignment. Bail (or "bond") is often granted in a standard amount, depending upon the crime charged. In civil trials, one person or party has reached the conclusion that their outstanding disagreement or dispute with another individual or entity can no longer be resolved through informal damage plea bargaining without the intervention of the judicial system and a civil trial. To initiate the process of a civil trial, individuals are required to file a complaint within the court of appropriate jurisdiction. Jurisdiction is determined by assessing whether the court receiving the complaint has power over a defendant and whether the property involved in a dispute is within the given jurisdiction.
Nolo's Plain-English Law Dictionary “HABEUS CORPUS” (hay-bee-us kor-pus) Latin for "you have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him or her. If the judge orders a hearing after reading the writ, that becomes the prisoner's opportunity to argue that the confinement is illegal. Habeas corpus is an important protection against illegal confinement, once called "the great writ." For example, it can be used in cases where a person is being held without charges, or when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause.
All laws are created to serve a purpose, these purposes may vary, some are formed to protect the personal rights and properties of citizens, other laws were enacted to serve a particular political interest. Within this paper i will attempt to present the differing viewpoints regarding why and how the anti-terrorist laws subvert the rule of law and how its procedures can be assumed to be a source of dysfunction in a society. The fundamental principles of laws are to protect and serve justice within a state. The entails equality and equity for everyone within a state regardless of their political beliefs, economic status, and ethnic background. In order to fully understand the nature of any law, it must be carefully questioned.
One example of facial expressions would be chin thrusts, a gesture associated with anger. Federal officials in the real world are trained by Ekman to understand these facial expressions and what emotion they produce. If someone doesn’t want to talk, they are simply told to keep talking to them and read their facial reactions to the statements or questions. Now this leads to some questions like, “what does this mean for civil rights?” or, “does reading emotions invade a person’s privacy?” Real world courtrooms may come to a conclusion on whether or not this is invading a person’s rights, but for now, Ekman and Lightman will both continue to solve crimes based on body
Every criminal case will inspire people to be dedicated to a certain emotion, depending on the situation of the accused and our personal bias’ towards them and their circumstances. As Nicholas Cowdery, former NSW DPP, said, “Justice is like beauty, it is very much in the eyes of the beholder”, meaning that every person will have an opinion on what justice should be. Communities as a whole are interested in the protection of themselves and other members of the same community, ensuring that they are safe at all times. When there is a criminal amongst a community that threatens this safety, people will lean towards the idea of revenge or just deserts. This means they feel that perpetrators should be punished for what they have done, despite other factors that the defence may use to excuse their behaviour.