The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here. The prosecutor can get away with misconduct; because if it were proven that the prosecutor was actually responsible for misconduct it would greatly undermine the goal of the state, which is to seek justice. If the prosecutor is misconducting themselves then it gives the impression that the prosecutor is not interested in justice, but more so a conviction, whether it be done so legally and ethically, or not. Prosecutorial misconduct happens, and
ROLE OF THE TRIAL JUDGE Is the Case an Appropriate One for Punitive Damages? It is the responsibility of the trial judge, in the first instance, to determine whether the case is appropriate for punitive damages, i.e. whether the question of punitive damages will be submitted to the jury.' The main focus of that determination is the nature of the defendant's conduct. The trial judge looks for evidence that the defendant acted intentionally, outrageously, recklessly or with conscious disregard for the rights of others.
In the past, States accused of securing representation for those who have been accused, however, they were not competent. The federal court has now created stipulations regarding the knowledge of the lawyer. They must be able to provide an insight on the case for which they have been called, otherwise, different representation must be secured. While many court cases have been presented regarding the right to counsel, there are some limitations that must be considered. A defendant must be represented; however, they do not have the right to choose which counsel they will receive.
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
For example, the ever-changing law on how discrimination went from sanctioning segregation to dissolving segregation illustrates how adaptable common law is. This law also derives its basis from these court proceedings called precedents to guide cases based on past rulings. The one disadvantage of common law is how cases will surmise. As Rogers (2012) attests, “even the best judicial minds often disagree, based at least in part on their judicial philosophy and political ideology” (Section 1.1). Depending on each of the judge’s beliefs, cases can go in any direction from their analysis.
It is different in many ways from the other branches of government, but there are still similarities and the same factors that affect all three branches equally. What appear at first to be weaknesses of the Supreme Court may not measure up to the not so obvious strengths and advantages that it possesses. The Court plays an important role in the protection of Civil Liberties, but it is debatable whether it is truly independent enough to perform without any bias. It is natural to assume that a Justice of the Supreme Court will have a political position, some stronger than others, but it does not necessarily mean that they are voting in this way for any partisan reasons. The Court is supposed to pass judgement on matters concerning the constitution and their decisions can be of up most significance because a judgment made in a case then affects the whole country.
The Differences between a Civil and Criminal Case Have you ever noticed that there are more criminal cases being mentioned on the news as opposed to civil ones? Or know that there is even a difference between the two? It is a common misconception that civil and criminal cases are one of the same. In our legal system they are two completely different cases, civil and criminal. A civil case is when the plaintiff decides to sue another person, organization, or a business, the individual being sued is also called the defendant.
Assignment: Exclusionary Rule Editorial ADJ/255 Contemporary Issues In Criminal Justice The exclusionary rule is an important factor, when it comes to the Fourth Amendment and law enforcement. It has been around for a long time and it serves as an important purpose to the justice system. The exclusionary rule works for the defendants being prosecuted and it one of the benefits they have. Even though it is a benefit there are times, when others try and find ways around it, which violates the defendant’s Fourth Amendment. I personally am in favor of the exclusionary rule and believe it should be enforced because it not right for defendant’s rights to be ignored and dismissed.
This tells us that civil law is for individual interest while criminal law is for public interest. It is not only the name that differs from the two categories of civil law and criminal law, the way of reaching a clear cut judgment is also relevant. In presenting evidence to indicate the defendant to be guilty has to be “clear and convincing evidence” and in criminal cases the substantial amount of evidence according to the same source has to be “Beyond a reasonable doubt” in order to prove the defendant to be guilty. Civil cases brought to court under this category are usually associated with personal disputes that can be sorted out with payments. Cases that are usually brought to court for civil law related matters are like copyright infringements, debt, evictions, partnership and inheritance disputes (under £30,00 dealt with at county court, any amount over £50,000 is sent straight to High Court) and other common complaints.
A tort is committed against an individual or legal entity or company. When a person commits a tort they become liable for damages, damages are compensations usually paid in monetary terms by a person who commits a tort to a the injured person or party who have suffered harm or injury at the expense of an individual’s act or omission. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor. ELEMENTS OF A TORT Tort is a remarkably wide-ranging subject and maybe the most difficult of all legal areas. The question is how we establish liability in in tort.