The main purpose of the preliminary hearing is to establish whether there is sufficient evidence against a person to continue the justice process. There are three outcomes you can get from a preliminary hearing: the charges can be dismissed or dropped, a bail or detention hearing can be held, or a guilty plea can be found. There are many challenges that face the defendants, prosecutors, and the entire court when it comes to the preliminary hearing. Most prosecutors would rather go before a grand jury rather than hold a preliminary hearing. Going before a grand jury is favorable to the prosecutor because the jury only hears what the prosecutor has to say and will then deliberate whether the case should go to trial or not.
It was said that the marriage didn’t guarantee “the fundamental right to marry a person of the same sex.” Also it was said that the marriage exclusion does not offend the liberty, freedom, equality, or due process provisions of the Massachusetts Constitution. From my knowledge, I know that you can only get married to the same sex in San Francisco, California and in Canada. In the Loving v. Virginia case, the Fourteenth Amendment was on their side by stating that marriage shouldn’t be restricted by invidious racial discrimination. Under the Constitution, the freedom to marry or not marry a person of another race resides with the individual and
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.
Today’s society finds it necessary question to what range a jury can take the laws of America, change them, and make them their own. A jury can subject laws created through aggressive hindsight and discussion which leads to a dismissal of a case. This leaves the question as to if jury nullification weakens the rule of law that is in the American Constitution. The altercations of the laws are the result of the juries repeated use of jury nullification. If juries continue to use jury nullification, it will result in a weakened democratic system.
The judge has the discretion to take over the fact-finding role of the jury when the evidence is so compelling that only one verdict can be given. A judge in a criminal case may direct a verdict of acquittal when the judge finds the prosecution has not proved its case, but the judge may not direct a verdict of guilty, since that would deprive the accused of the constitutional right to a jury trial. DNA profiling (also called DNA testing, DNA typing, or genetic fingerprinting) is a technique employed by forensic scientists[->26] to assist in the identification of individuals by their respective DNA[->27] profiles. DNA profiles are encrypted sets of numbers that reflect a person's DNA makeup, which can also be used as the person's identifier. DNA profiling should not be confused with full genome sequencing[->28].
Accordingly, we do not allow for the registration of avowed homosexuals as members or as leaders of the BSA." Not only this, but the fact that the Boy Scouts of America is a private association, it does not appeal to the law that deals with sexual discrimination in a public place. The New Jersey Supreme Court affirmed the judgment of the Appellate Division. It held
Activities that would be considered criminal in the 1700s would not be considered a crime today. In today’s corrections we use jail or prison as our most common punishment some states still practice the death penalty as a capital punishment but we also use a rehabilitation and probation as a punishment as well. The realities of correctional enterprise concur with justifications of punishments with some cases. All criminals are not the same. There are criminals that need help but do not get help there for result in criminal activity.
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
If the offender has committed more than one crime he can either do consecutive time which is one sentence after another or concurrent which is the sentence will run at the same time. (Sobiech, 2012) Not all offenders will go to jail, some will have to pay a fine, be put on probation, or a combination of all. “Some cases are appealed and the offender’s attorney must file the appeal. An appeal is to ask a higher court to reverse the decision of a trial court after final judgment. No new evidence can be entered during an appeal.” (Hill, 2012) Once the appeal is settled it either gets reversed or stands as is and the offender is sent to start his
The Bill of Rights Introduction to Criminal Justice March 3, 2013 There are many legal rights that we have during a trial. This Bill of Rights provides certain rights to criminal defendants during trial. There are two aspects of the U.S. criminal justice system and they are the defendant is innocent until the prosecution can prove guilt beyond a reasonable doubt (NOLO: Law for All, 2013). Defendants have many other rights and here they will be discussed. The right to confront witnesses is stated that in the sixth amendment “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him.” They are allowed to participate in the accused’s trial process.