This is how the prosecutor determines which cases to pursue. I wouldn’t know what would happen if the criteria for taking a case were more or less stringent because I would have to know what the effects would be if it was more or less severe in each case. So opinion would be that if the criteria were less prosecuting lawyers would want to charge people for any and everything. If the criterion was more then it would be harder to convict a person because it probably would require more information and
The Courtroom and the Courthouse In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victim, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights to due process of law.
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
Marty (Marthena) Clabaugh CJA/224 December 6, 2010 Dr. Beverly Spencer Courtroom Participation Paper The courtroom group consist of several participates the prosecutor, the attorney for the defendant, the defendant, the judge, the baliff, the court reporter, the witnesses, and the jurors. All these participates play important roles in the justice system drama. Each work with one another in accordance with the laws and jurisdiction of the court. The prosecutor is central to the justice drama in their part as the district attorney the review cases within their jurisdiction. District attorney’s process cases, determine whether police have made arrests which are procedural and follow the rules.
This information could be used as evidence later when it goes to trial in court. In a homicide, the ethical considerations are similar. The investigator should express sympathy and be very compassionate not only to the victim’s family but friends as well. These people could potentially be informants or even witnesses for the prosecution in the case. In addition to the interviews or even the interrogations the investigator needs to have a positive attitude, sensitivity and be able to think clearly when it comes time to collect evidence at the scene of the crime.
The punishment has to fit the crime and for the punishment to be effective it must be swift, certain, and severe. The Classical School of thought has several elements: 1. People have free will to choose criminal or lawful solutions to meet or handle their problems 2. Crime looks attractive when it promises great benefits with little effort 3. Crime maybe controlled by fear of punishment 4.
Third, prior to the jury undergoing discussion about the facts in the case, the judge gives the jury guidelines about the law that relates to the case and the criteria that must be used in deciding the case. Fourth, the judge must also determine the facts and the outcome of the case. The fifth role the judge has is his obligation to sentence the accused. The Jury is composed of citizens that must hear the evidence presented by the prosecutor and decide whether there is enough evidence to indict the defendant of the crime.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.
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.
The notion that the more serious the threatened harm, the more justified the court would be in examining acts further back in the series of acts that would lead to crime completion. The clearer the intent to commit the offense, the less proximate the acts need to be to the completion of the crime to constitute the crime of