Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
This type of legal system exercises the ideal that the supposed offender is considered innocent until proven guilty. This systems premise exercises the idea that both the defense and prosecuting attorneys will work at extreme lengths to make sure that guilty are convicted, and the innocent are set free. Both the prosecutor and the defense have rules of procedure, statute, and case laws that they must fallow. The Constitution also has certain powers and rights that both sides must implement and promote for fair administration of justice. In the adversarial system the defense attorney has the duty to act faithfully and enthusiastically on behalf of the defendant.
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.
Good trial strategy often requires attorneys to pick their battles, which may involve refraining from making certain objections. On appeal, an attorney's error may well be regarded as failed trial strategy, which rarely provides grounds for successful appeal. An appeal is made from the trial court "record." The record usually consists of a transcript of trial court proceedings, documents in the lower court file, and exhibits accepted during lower court proceedings. If a trial attorney does not properly "make a record" on a motion or objection, once again, that failure may hinder or prevent an appeal on that issue.
Case Analysis Assignment-The Trial of Orenthal J. Simpson April 7th, 2013 Fundamentally, the burden of proof falls on the prosecution and means that they are required to present evidence during a trial that must prove beyond the shadow of a doubt that the defendant did in fact commit the crime they are being charged with. The burden of proof entails that the prosecution present evidence that is accurate of the guilt of the defendant and in addition persuade the jury that the evidence presented establishes that guilt beyond a reasonable doubt. The Latin meaning of prima facie is first look. It refers to criminal prosecution wherein the evidence previous to the trial is satisfactory to prove a case except there is significant ambiguous evidence given at the trial. Subsequent to the prosecution putting on the total of its evidence, the defense attorney will customarily ask for a dismissal of the charges due to lack of sufficient evidence.
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 .#
Again, the most obvious function of appeal court is to correct errors”. If the trial judge has “goofed” in stating the law, applying the rules of evidence, or instructing a jury, etc, then the lawyer from the wronged party can bring the matter(s) before the appeal panel, demonstrate the matters of error, and receive the appropriate solution. Appeal courts basically have four options when deciding on the right remedy of an appeal. First, it can dismiss the the appeal and uphold the trial decision. Second, it can allow the appeal and reverse the trial decision.
Despite all of that, questions may arise from the topic such as is it right to detain a person before trial just to have him to be presented on the day of trial in case he is deemed guilty or is it right for one to confiscate a suspect’s money (bail money) to be certain that he will pay for the fine later as part of his sentence? Such actions made are clear that it is violating the presumption of innocence as it was only ‘assumed’ that the person is indeed guilty and applying a pre – trial detention is based on the reliance of ‘double suspicion’ as such to the case of Sheldrake v DPP. [cite] The point is further discussed by Lord Bingham based on the case of Sheldrake v DPP, “The overriding concern is that a trial should be fair, and the presumption of innocence is a fundamental right directed to that end. The Convention does not outlaw presumptions of fact or law but requires that these should be kept within reasonable limits and should not be arbitrary. It is open to states to define the constituent elements of a criminal offence, excluding the requirement of mens rea.
CON I stand in firm negation of the resolution Resolved: In the United States, Plea Bargaining Undermines the Criminal Justice System. To clarify on today’s debate here are the following definition. Plea bargain: Is a deal offered by the prosecutor as an incentive for a defendant to plead guilty. Plea bargain can either based on charge bargaining or sentence bargaining. Undermines: To weaken or ware away Contention 01: Plea Bargaining gives us the right to speedy trial One of our constitutional rights as Americans to a speedy trial.
Finally, and most importantly, the nature of white collar statutes often cedes vast discretion to prosecutors. Many of these statutes are at once broad and vague. This problem sometimes arises because many white collar crimes encompass economic regulations that some believe are best left to civil enforcement. Indeed, the United States Supreme Court has noted the difficulty in distinguishing criminal acts from those that fall within the “gray zone of socially acceptable and economically justifiable business conduct.” The phenomenon of extending the criminal law to areas for which it may not be suited is referred to as “overcriminalization.” Because many white collar statutes are broad and vague, the task of defining the particular crime falls in the first