Prior to appointing counsel, what needs to be read out loud in open court? I think that the charges against the accused nee d to be read, a formal arrangement where the judge read the charges and informs the defendant of his/her rights. 2. What choices does Judge Fletcher have in appointing counsel for Slick Martin? He can appoint a public defender to Martin, which he doesn’t have to pay for or appoint counsel where he can pay
Third, the defense presents that the defendant was being interrogated. For these reasons, the defense will prove why Mr. Vega’s bracketed statement should be considered inadmissible within the court. Just because the contact between an officer and suspect begins as voluntary, doesn’t mean it remains that way. A change in circumstances can transform a voluntary conversation into custodial interrogation, as per the ruling in People v. Aguilera. This is what happened during the interaction between Adrian and Officer Wright.
● 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
Right to Counsel Elsie M Farias CJA 364/ Criminal Procedure March 27, 2013 Professor Horwath Right to Counsel The Sixth Amendment of the United States constitution grants the right of a person accused of a crime the right to counsel to aid and represent themselves. This is known as the Right to Counsel. The Right to Counsel is founded on the Right to a fair trial. If a defendant is unable to retain their own counsel, they have the right to request one to be appointed to them. The defendant also has the right to not retain or request a lawyer and this turns their representation to Pro Sea which basically means one waives all their rights.
For example, in Loftus experiments on eye witness testimony the participants were asked to say if there was broken glass present or not. This can be objectively and accurately measured and analysed The artificial and controlled environment used can be useful in ensuring other variables are not causing the effect. For example, in experiments into Jury prejudice, factors such as the nature of the crime, gender, race, and attractiveness can be kept the same or manipulated to see which is most likely to create a bias in favour or against a defendant, thus again establishing a cause and effect relationship. This environment allows standardised procedure and instructions to be applied, meaning that each participant is having the same experience, allowing accurate comparison of individual responses. For, example, when looking at the reliability of eye witness testimony, video or slides can be used to ensure each participant witnesses the same event exactly.
IN THE COURT OF COMMON PLEAS OF DIVISION OF DOMESTIC RELATIONS JUVENILE BRANCH IN THE MATTER OF: CASE NO. JUDGE MAGISTRATE MOTION TO SUPPRESS IDENTIFICATION Now comes the defendant, by and through counsel, and respectfully moves that this court suppress identification of the defendant as it was secured through an unnecessarily suggestive showup confrontation. The evidence will show that this identification procedure violated the defendant's due process rights. This motion is supported by the attached memorandum. Respectfully submitted, MEMORANDUM On ______________, 199_, police officers arranged for a (witness) (witnesses) (witness or witnesses) to view the defendant without any other suspects
The exception would apply and the physician could testify about the child’s statement made in the abuse if the child understands the need to be truthful to his/her physician and the identity of the attacker is necessary to his/her medical diagnosis and treatment (Gardner and Anderson, 2010, pg. 204). There are four reliability factors announced by the Supreme Court when evaluating statements by children in sexual abuse cases. There four factors are spontaneity and consistent repetition, mental state of the declarant(child), use of terminology unexpected of a child of similar age, and lack of motive to fabricate (Gardner
The criminal profiler creates a psychological profile or picture of a suspect based on what he/she knows about motivation, mental illness, and also human behavior. The best place to begin getting an idea of a criminal's mind is often at the scene of a crime. Investigators pay particular attention to the things done at the scene or to the victim and also to the things not done. These observations can lead to a behavioral profile of the yet unknown suspect. Once the behavioral profile is done, the profiler can then compare this to other criminals or mental patients with the same basic characteristics.
According to Legal Definitions.com, 2004-2007, no contest “refers to the defendant’s plea to the court that he or she would not fight against or dispute the allegations or charges filed against him or her.” If the defendant enters a plea of not guilty, and the crime committed is severe enough, the defendant may be applicable to with stand a jury trial. These crimes mainly include major drug trafficking, murder, kidnapping, etc. Steps in a Jury Trial The first step in a jury trial is the selection of a jury. Selection of a jury is a process that begins with a large group of individuals in the same room interviewed, and asked questions by a lawyer to determine his or her eligibility. The jurors must not withhold any personal biases and must be completely honest in his or her answers.
Dominique R. Mangum Ch. 6 Diagnosis and Assessment of Criminal Offenders COR 105 According to chapter 6 mental health assessments seek to answer questions such as why people think, feel, and behave in different ways. An offender may be assessed before trial, after trial, while incarcerated, or when on parole. Assessments provide information about and individual’s underlying personality or intelligence, which is less subject to change over time. They also reflect how an individual is thinking, feeling, and functioning at the time that he or she takes the test.