Sentencing of a Felon John E. Brown Strayer University LEG 320 – Criminal Law Professor Shawn M. Koenig, Esq. November 24, 2013 Sentencing of a Felon Introduction: Sentencing in the United States is governed by the legal process of our judicial system to ensure that all criminals are treated fairly when they are being sentenced. While using certain principles, the court and the legal system work together to make sure that they issue the appropriate punishment. When dealing with proportionality laws, it all depends on if you’re dealing with the state or federal law, and whether the death penalty might apply. When it comes to capital punishment, proportionality under the Eight Amendment to the U. S. Constitution means that any state or federal law that allows for the death penalty must specify the exact crimes for which the death penalty may be imposed.
Courtroom Standards Analysis July 30th, 2012 CJA/484 Criminal Justice Administration Capstone David Mailloux Courtroom Standards The courtroom is made up of individuals that are aware of the law to a point and that can make decisions on putting an accused offender away for a criminal act he or she has committed. These individuals consist of judges, attorneys, victims, the accused, and other courtroom personnel. This paper will go over each type of individual involved in a courtroom setting and his or her role. Judges and Witnesses Judges have many responsibilities such as interpreting the law, taking in evidence throughout the case; judges also determine how the hearing and trials unfold while in the courtroom. A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial.
Also in a preliminary hearing, it is the judge who decides whether there is enough probable cause for a case to continue. A judge can dismiss a case if they feel that there is not enough probable cause. In the end though, the prosecutor could override the judge and still prosecute the case. Grand jury proceedings are only conducted by the grand jury. The grand jury consists of about eighteen people who review cases that are to be presented.
This does not attest to the validity of the case just that the court will not be able to come to a remedy for the case. This motion has quite a bit to do with legal duty. http://encyclopedia.thefreedictionary.com/motion+to+dismiss Right to a Trial by Jury, this is everyone’s constitutional right. Any one accused of a crime or being sued has a right to a trial by jury. A jury being a group of our peers, put together to hear the evidence in the case and come to a legal solution or judgment.
The principles of stare decisis (binding law from higher courts) are the same as for the Federal Court. Appeals from the Family Court are heard by a "Full Court" of the Family Court (three to five judges). Appeals from the Full Court lie to the High Court of Australia, though special leave is required. A single judge of the Family Court may hear appeals in family law matters from the Federal Magistrates Court of Australia. Appeals from the Federal Magistrates Court must go to either of these courts (Federal Court or Family Court), dependent on the area of
Alternatively, it would be possible where the trial would be likely to place an excessive burden on the life of a typical juror. The Government agreed with the opposition not to implement this part of the legislation while alternative proposals for specialist jurors and judges sitting in panels were investigated. The relevant legislative provisions can only be brought into force by a parliamentary order approving its implementation, which will require debates and a vote in both Houses of Parliament. The process was initiated at the end of 2005, but following strong opposition the provision was not brought into force. Instead, the Government has introduced a single issue Bill, the Fraud (Trials without Jury) Bill, aimed soley at abolishing the jury in a limit range of serious and complex fraud
But in recent times, high profile criminal cases are opting for judge only trials by applying for a no jury order. As of current, The Criminal Code Act 1899 (Qld) contains the guidelines in which a case must satisfy to be granted a no jury order. Section 615 of the Act states that ‘the court may make a no jury order if it considers it is in the interests of justice to do so’. This conveys that the factors, which are to be considered for application of jury, are ultimately assessed and dictated by the judge. These cases are often granted on the condition of pre-trial
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
Pretrial Process Paper CJA/364 When dealing with the criminal justice system there are a number of procedures that are repeated for every case. For instance, the pretrial process is one of those matters in particular that is repetitive no matter what the criminal charges are for the defendant. Each case has a pretrial detention hearing held where the concepts of bail are determined, as well as the preliminary examinations, which is the right of the accused. The previous procedures lead to the grand jury’s participating role, the duties of the prosecutor that disclose the exculpatory information without any type of prosecutorial misconduct. Bail is typically determined by a judicial official.
Meaning if you don’t have a lawyer then the government shall appoint one to represent you or pay your legal expenses to find one. (Wiki, 2012) the sixth amendment allows several options such as Choice of counsel, Appointment of counsel, Conflict-free counsel, Ineffective assistance of counsel and Pro Se representation. (Wiki, 2012) the right to counsel applies all through the criminal process. State courts must provide counsel at trial to indigent defendants who face even the possibilities of incarceration-and who are charge with any type of crime not just a felony. (Siegel & Worrall, 2010) all defendants have their right to their own counsel and even represent themselves then they waive their right to have an attorney.