Whether or not this man was punished and remained in jail was up to the prosecution. Heffernan’s critical decision would be whether or not to remove his thoughts on morality from his professional decision. The defendant had a legal right to a jury trial and a moral right to have it vindicated. Since the judge had refused to instruct the jury concerning the justifiable use of deadly force, the defendant had been denied that right. Heffernan was faced with whether
If a judge perceives that the plea bargain is too lenient the judge has the right to reject the plea and order of the prosecuting and the defense to renegotiate. Defendants that are pleading guilty as a result of the plea agreement must acknowledge their plea in open court. Defendant who pleads guilty after the plea has been negotiations do not surrender their right to an appeal; their conviction goes to the Appellate Division of Superior Courts. Also if a defendant pleading guilty to a crime
The jury returned with a verdict of guilty but the defendant’s conviction was quashed on appeal because of the judge’s interference. Modern Day Use of Juries Only a small percentage of cases are tried by Jury today. Juries are used in the following courts: Court | Type of Case | Role | Number of Jury | Crown Court | Serious Criminal Cases: e.g. murder, manslaughter, rape | Decide the verdict - Guilty or Not Guilty | 12 | High Court | Defamation, False Imprisonment, Malicious prosecution and any case alleging fraud | Decide Liability. If fined for the claimant also decide amount of damages.
* Writ of habeas corpus- A court order that requires jailers to give reasoning as to why the prisoner is in custody. Protects individual’s rights. Constitution prohibits suspension of this. * Ex post facto laws- A law that makes a now illegal acts punishable for those who committed them when they were legal. Prohibited in the
If, at the end of and on the whole of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner... the prosecution has not made out the case and the prisoner is entitled to an acquittal. No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained .#
Is Tom Robinson Guilty or Innocent? A trial is all about the evidence and its validness, if the evidence has any doubt that it could be wrong it shouldn’t be in the trial. With this in mind, one could argue that he is not guilty because the lack of evidence. Furthermore, Atticus Finch disproved all evidence of the Tom Robinson trial. Also, you have to factor in the time period of this trial, which was in the 1920’s to the 1930’s.
According to the Legal Resource Library, “The biggest drawback to plea bargaining is for the innocent defendant who decides to plead guilty to a lesser charge in order to avoid the risk that he or she will be found guilty at trial.” Plea bargaining requires the defendant to waive three rights that he/she is normally protected by until the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront hostile witnesses. (Cornell.edu) Some people may try to argue that plea bargaining in unconstitutional, however, this argument has been repeatedly overruled by the Supreme Court. There are a lot of controversial issues surrounding plea bargaining, and victims’ rights groups are arguing that the victim should have inputs and a voice into the bargain that is being established between the prosecutor and the defendant. Victim rights activists also feel that defendants undermine the criminal justice system in its entirety and defendants are let off too
Rumsfeld the Supreme Court addressed the issue of citizens being held as enemy combatant, and being denied Habeas Corpus. The court ruled that a citizen being held as an enemy combatant is entitled to due process and an opportunity to contest the facts of his detention (James, 2005). James agreed that the court had correctly reasoned that the President did have the authority to detain both citizens and non citizens indefinitely as enemy combatants, after it has been established that the individual is actually an enemy combatant. However, he feels that the opinion did not go far enough in defining the term enemy combatant, and will not be adequate in instructing the lower courts in future cases (James,
But first the defendant must be able to show that the trial court acted improperly on a question of law. It can include the introduction of tainted evidence by the prosecution or faulty jury instructions. About 17% of criminal convictions are appealed. If the jury finds the accused not guilty, the prosecution cannot appeal to have the decision reversed because it would interfere with the defendants 5th amendment rights against multiple trials for the same offense, which is known as being tried a second time for the same crime also called double jeopardy;” the state is not allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense, and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that though innocent he may be found
The Supreme Court, in 1986, ruled that according to the Eight Amendment a legally insane, which is not the same as being mentally ill, prisoner could not be executed because it is “cruel and unusual punishment”(Davison and Neale, p539). This has now created another issue because legally mental patients have the right to treatment, the right to the least restrictive treatment, and the right to refuse treatment. It is this last right that is the focus with mentally ill patients on death row: Can the state force this same kind of prisoner to take medication to become sane enough for execution? The U.S Supreme Court has held that prisoners may be forced to take anti-psychotic medications to ensure that they are competent to stand trial. Nonetheless,