Module 1 Case Analysis Assignment Chapter 3 Question 1 (pg. 65) Q: Explain the two types of jurisdiction that a court must have to hear a case and render a binding decision over the parties. A: Original Jurisdiction involves parties that present evidence and witnesses to testify. With the original jurisdiction the courts have the power to hear a case as soon as it enters the legal system. Appellate Jurisdiction is the ability to review the transcripts of trial courts and see if they may have made an error in their decision.
In its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., who did the U.S. Supreme Court charge with ensuring that an expert's testimony rests on a reliable foundation and is relevant to the case? (Saferstein, 2004, p.26). They assigned the judge with the task of ensuring an expert testimony is reliable and relevant to the case. 5. What is the main difference between the testimony given by an expert witness and that given by a lay witness?
Criminal Justice Careers CRJ201: Introduction to Criminal Justice Dr. Michael Pozesny Cindy Terhaar 21 February 2011 Criminal Justice Careers The field of criminal justice is very broad and contains many different professions with each profession having its own interesting aspects. Anyone considering a job in the criminal justice field would benefit from researching each profession to decide which would be the best fit for them. First, it is a good idea to narrow down the choices to a few specific careers, and then it will be easier to conduct more in depth and focused research. For this paper, I chose to research three careers within the criminal justice field. I chose careers that I was most interested in and conducted research in order to find a description for each.
Abstract My paper in summary describes the differences between the United State’s Constitution and the State of Ohio’s Constitution. Many of the differences were found in the Bill of Rights within each document. Along with the comparisons and contrasts of the Bill of Rights within the two, many differences were found within the governmental structure between the two forms of government, the federal and state constitutions. During my research I was able to find out which had the bigger amount of rights, whether it was the federal side or the state side. In conclusion, my paper helped me learn more about the United State’s Constitution as well as the original Ohio Constitution.
Lastly; make a conclusive comment on how much you agree with your statement by using words such as: strongly agree/disagree, mainly agree/disagree. Repeat steps for comparing sources B and C. Question 4- Will either be a utility or a reliability question! Utility- comment on how useful the information from the source is, what is useful about who, when and why the source was produced? (NOP) Reliability- How far can you trust the source by comparing the source with your knowledge, is it accurate? Anything purposely missed out?
Describe and evaluate factors affecting jury decision making. Jury decision making involves the process of twelve randomly selected members of the public, to decide upon the verdict whether a criminal is either guilty or not guilty for their previous actions that has resulted in them being in this situation. The jury can either be all male or all female or mixed. A person will know if they are to be part of a jury as they will receive a summons through the post informing them of their duty. In the United Kingdom, to be part of a jury you must be in between the ages of 18 and 70 and be registered on the electoral roll.
The courtroom dynamics are substantially different from ordinary civil or criminal appeals. While an adversarial environment may prevail in cases where actions are brought to highlight administrative apathy or the government’s condonation of abusive practices, in most public interest related litigation, the judges take on a far more active role in the literal sense as well by posing questions to the parties as well as exploring solutions. Especially in actions seeking directions for ensuring governmental accountability or environmental protection, the orientation of the proceedings is usually more akin to collective problem-solving rather than an acrimonious contest between the counsels. Since these matters are filed straightaway at the level of the Supreme Court or the High Court, the parties do not have a meaningful opportunity to present evidence on record before the start of the court proceeding. To overcome this problem, our Courts have developed the practice of appointing ‘fact-finding commissions’ on a case-by-case basis which are deputed to inquire into the subject-matter of the case and report back to the Court.
Courtroom Participation Sharalyn Hiser CJA/224 November 14, 2011 David Harrison Courtroom Participation The objective of this document is to explain the various participants inside the courtroom and evaluate the roles of each participant. The courtroom has multiple participants, some participants have play a key role in the courtroom, although others have lesser roles. To obtain the goal of the objective the focus needs to be on the responsibility and task of the major participants of a courtroom, the selection process one goes through to become a courtroom participant, and the significance of the major participant in the proceedings of court. A number of individuals can make it through one’s entire life cycle and never see the inside of a courtroom. If one has had the misfortune of facing a trial in court, one could still not know the positions of the major persons inside the courtroom, or the responsibility of each person.
 Indeed, this seemingly plainly written text is much more than just a narrative piece of work due to its inherent influence at the sentencing stage. There exists an inherent tension between the two schools of thoughts: one view among the legal academy is that such statements are no more than some maneuver to elongate criminals’ sentences or even encourage votes for death penalty in some extreme cases by evoking unnecessary emotionalism, while some argue that they undeniably convey essential information to sentencing judges and possess other advantageous effects. A literary analysis of a victim impact statement thus becomes essential – exploring the camouflaged narrative techniques as employed to explain their role in court. In this essay, I shall discuss the narrative dimension of victim impact statements in light of Booth v Maryland, followed by an analysis of whether the court should admit such statements in the sentencing phase of cases. II.
Do judges make law? And should judges make law? This is a very big controversial question that does a judge make law; in the reply of this question Lord Radcliffe said that “of course, does. How can he help it?” in making individual decisions courts are not only just deciding for the individual parties to the case, they may be also deciding the law for those litigants that come after the particular case before them. According to the separation of powers there are three different organs in state: 1-Legislative 2-Executive 3-Judiciary Erris Tottle said that three organs which he used to call (1-deliberative organ, 2-officials, and 3-Judges) should be present in the country, these three organs have their three different functions, legislature have the function of law making, executive have the function to implement those laws and judiciary has the role to adjudication.