2. Explain why discretionary decision making occurs in the criminal courts and then provide some specific examples of prosecutorial discretion. 3. In general, “justice delayed is justice denied.” Explain the meaning of this phrase and how it affects defendants. What steps have legislatures taken to deal with the problem of court delay?
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.
Under Alabama law, the issues to be determined at a preliminary hearing concern whether there is probable cause to present the case to the grand jury and to fix bail. 5. Following his trial and conviction, Coleman argued on appeal that Alabama's failure to provide him with appointed counsel at the preliminary hearing unconstitutionally violated the Sixth Amendment right to counsel, a critical stage of the prosecution. ISSUE: Is preliminary hearing considered a critical stage of the criminal justice process for which the Sixth Amendment right to counsel is required? HOLDING: Yes.
Evidence and Sentencing Mark Passi CJA 204 January 25, 2012 Ray Rawlins A presiding judge in a court of law is to make sure constitutional rights of the accused are protected during trial proceedings. A conviction by a court jury of the defendant will give the judge authority to impose reasonable punishment based upon the severity of the crime committed. The goal of “retribution” to a convicted person has changed throughout history of the criminal justice system. It is important to give a well deserve punishment for the severity of the crime. This sentencing goal is critical due to the fact that different state has different sentencing laws.
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).
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
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
If the Florida HIV laws are outdated, then the diagnosis of an HIV infection is no longer tantamount to a death sentence. 1. In 1997, Florida passed a law that makes it a felony for someone who is HIV positive to engage in any form of sexual intercourse without providing the partner with that information. 2. Failing to inform your partner that he/she is HIV positive with whom you are having sexual relations with in the state of Florida results in being charged with first degree murder.
This problem is further conflated due to private prison’s desire to lower costs by having fewer guards (Hallett). Despite these alarming issues, it is important to remember that the outsourcing of prison management to private firms was in response to the failure of the government to deal with rising prison costs and overcrowding. That is why recent evidence that private prisons are not more cost effective then public ones potentially puts a nail in the coffin regarding their efficacy (Oppel). Furthermore, their profit incentive has created an ethical dilemma for judges, lawmakers, and those who run the prison systems (Monboit). Still, the debate rages.
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.