Furthermore In a standard jury trial, the prosecution must convince a majority of 12 people of a defendant's guilt. This is a simple process, if the evidence is compelling. Jurors are human beings first and jurors second. Many will just go along with the majority, even when they are not completely convinced that the defendant is guilty. Some don't
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
The tutorial discussion this week was essentially discussing how the system operates and some of the flaws within the system such as false convictions which come about through human error or in extreme cases racial bias (Alberto F. Alesina, Eliana La Ferrara, 2011). There was also discussion about the members of the jury and if they are qualified or competent to decide he guilt or innocence of an individual based on their opinions and perceptions of the trial. My view on the criminal justice system is that overall the system is adequately effective in terms of providing a fair trial for the accused and well suited to punish individuals based on viable evidence and the judgment of experienced judges and magistrates. These issues reflect the interests of the JSB173 unit because the unit focuses on a fair trial through either the
Bill of right is a natural right of liberty and freedom which also puts limit on government’s power. Second, difference is In Hammurabi’s Law Code; there is a specific punishment for each unique crime. For example, According to Hammurabi’s Law Code, the punishment for falsely accusing a man of any felony is death and more others punishments like “an eye for an eye, a tooth for a tooth”. And he also sorted his code into groups such as family, labor, personal property, real estate, trade, and business. This was the first time in history that any laws had been categorized into various sections.
These are the 12 tables for the Ancient Romans, 1. The 1st table was for court proceedings. An example of this would be that if one was summoned to court and failed to come then the person would be forcibly brought to court. 2. The 2nd table was to make sure that all court proceedings were fair.
And even if DNA testing and other such scientific methods didn't exist, the trial and appeals process is so thorough it's next to impossible to convict an innocent person”. Remember, a jury of 12 members must unanimously decide there's not even a reasonable doubt the person is guilty. The number of innocent people that might somehow be convicted is no greater than the number of innocent victims of the murderers who are set
Both of these codes were originally created to regulate society and keep balance in the world. Hammurabi’s code was established way before the twelve tables and was really strict towards crime, they believed in a guilty till proven innocent system while roman twelve tables were generally fair and rational about crimes. They believed in innocent till proven guilty.
Also it was good for the instructors in teaching students about the judicial branch of the United States. I realized the most precious part in this book was the explanation of every case that lead to many historical key decisions under Marshall Court. I strongly agreed with the very last sentence of the book which was the turning point of the whole meaning the book, “ At his death the Constitution stood firmly as the supreme law of the Union, the Court had become a vital and respected organ of the government, and public anxiety and partisan maneuvering over the appointment of Marshall’s successor was widespread” (Stites
John Marshall 4th Supreme Court justice chief served for a drawn out time of 34 years of service is the single greatest symbol in American law. Marshall not only brought out the power of the Court but also set many important precedents which helped outline the structure of the Supreme Court today. I believe if anyone figure should represent American law it should be Marshall, due to his long lasting precedents and establishment of the court as a strong federal power. In the case of Marbury v. Madison (1803) Marshall set the precedent of judicial review, which allowed the Supreme Court to have a final say in all matters regarding the Constitution. Even if the law had been passed and signed by the President himself.
Pretrial Process Tracie Mauck, Joshua Cabrera, Adrain Stewart, Lisa Lopez University of Phoenix June 4, 2012 Jonathon Kingsbury Introduction Many believe the real action in criminal court only happens during a trial. This is not the case. Most criminal cases are disposed of with a guilty plea and many cases seldom reach to trial phase. The entire pretrial process is important to understand as this is when the most important aspect of a trial can take place. From a bail hearing to the role of a grand jury, the accused should know what they are entitled to before the criminal trial begins.