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.
The tutorial discussion this week was essentially discussing how the system operates and some of the flaws within the system such as false convictions which come about through human error or in extreme cases racial bias (Alberto F. Alesina, Eliana La Ferrara, 2011). There was also discussion about the members of the jury and if they are qualified or competent to decide he guilt or innocence of an individual based on their opinions and perceptions of the trial. My view on the criminal justice system is that overall the system is adequately effective in terms of providing a fair trial for the accused and well suited to punish individuals based on viable evidence and the judgment of experienced judges and magistrates. These issues reflect the interests of the JSB173 unit because the unit focuses on a fair trial through either the
The second task is to determine if the evidence presented by the defense is legal and proper. The third task for the judge is to gives the jury instructions about the law as it applies to the case they are hearing and the rules they must use to decide the outcome of the case (Federal Courts and what they do). The fourth duty of the judge is to hold
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.
Tiffany Allen CJ 210: Criminal Investigation Professor Cindy Johnson March 3, 2013 In Today’s society there are many specific ethical considerations that need to be addressed when investigating a specific crime. In this report I will talk about Rape and Homicide. Rape is when the victim is forced to have sexual intercourse. A Homicide is a person who kills another human being. Other questions that I will also talk about are how to reduce ethical problems in an investigation, what prosecution problems could arise and what ethical issues are related to the prosecution.
A convenient way to conceive of philosophical arguments is to envision the arrangement of a Criminal or Civil Court. Who are the participants in the typical court situation? Of course there is always a judge with special training and authority to over see the rules for administering justice between the parties to the dispute. Who else? Well there is the prosecutor representing the jurisdiction whether City, State or Federal (or claimant who has filed a claim against a litigant who has done something for which the claimant seeks retribution) and the defendant who under some circumstances may act in his or her own defense but in all likelihood a licensed, practicing attorney who acts on behalf of his client(s).
The prosecutor pairs up with the law enforcement officers that are gathering the evidence and then they see if they have enough evidence to continue with the case. They also have to make sure they the correct evidence that is needed to pursue the case. Then they have to gather their evidence and witnesses. Review it, eliminate anything not strong enough for the case, gather evidence that proves in favor of the case, then they file motions. This is how the prosecutor determines which cases to pursue.
Truth on Trial Is an attorney's first obligation to the court, the client, or the public? Supreme Court Justice Antonin Scalia, Judge Robert Merhige, attorneys Floyd Abrams and Stanley Chesley, philosopher John Smith, and others debate civil litigation's ethical dilemmas. VOD9. The Human
This paper will identify the role of the courts in the criminal justice system today. The Courts and its Purpose The United States court system is a branch of the government that resolves legal disagreements through a legal, judicial manner. The courts use a process called the “Adversary Process” that helps to reach a decision in each case that is presented. In this method, the lawyers in the case present their side of the argument to a judge or jury. Each side presents their case.
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.