If either party requests a jury, the trial will have a jury. The jury will be selected by a process called voir dire or to speak the truth. The trial has several stages. In the opening statements, the attorney for each party is allowed to summarizes the main facts and legal issues of the case, also describes why their client's position is valid. Then the plaintiff's case is burden of proof to persuade the facts of his or her case.
Courtroom Standards Analysis July 30th, 2012 CJA/484 Criminal Justice Administration Capstone David Mailloux Courtroom Standards The courtroom is made up of individuals that are aware of the law to a point and that can make decisions on putting an accused offender away for a criminal act he or she has committed. These individuals consist of judges, attorneys, victims, the accused, and other courtroom personnel. This paper will go over each type of individual involved in a courtroom setting and his or her role. Judges and Witnesses Judges have many responsibilities such as interpreting the law, taking in evidence throughout the case; judges also determine how the hearing and trials unfold while in the courtroom. A judge has five basic tasks, first making sure that order is maintained throughout the courtroom and throughout the trial.
During the preliminary hearing, a magistrate will determine if a crime had been committed, if the crime committed occurred in the court’s jurisdiction, and if there is probable cause to believe the person committed the crime(s). If the magistrate does not find probable cause then the case will be dismissed. After the facts are heard from both the persecution and defense, the magistrate determines if the person will be allowed to leave the court on his own recognizance or if the subject will be held in custody until the arraignment. The defendant makes their first appearance in the courtroom during the arraignment. In this process, the defendant enters their plea of either guilty, not guilty, or no contest.
An "arraignment" is an appearance in court where charges are formally read to a defendant. The judge or magistrate may also evaluate whether there was probable cause for an arrest, and may compel the prosecutor to allege additional facts to support the arrest. If probable cause is not established, the defendant must
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.
State supreme appellate courts typically consist of five to nine members who rule as a panel. The first tier of the U.S. federal court system is District courts. The United States is divided into 91 federal judicial districts (excluding the District Courts of the Virgin Islands and Guam). Every state has at least one federal district. The cases typically include those in which (a) the United States is a party; or (b) a federal or constitutional issue is brought.
Each one serving a different function. The function of the police are to enforce the laws, arrest offenders, prevent and reduce crime and investigate crimes amongst other things. Then you have the court system where the law is upheld, decide on criminal cases, ensure due process, determine guilt or innocence and conduct fair and impartial trials. And last but not least there is the corrections part of the criminal justice system. This is where sentences imposed by the court are carried out.
The Grenadiers are a riot-control force that includes a motorized brigade. The federal district and each of the states has its own police. The official name of Mexico is the United Mexico States. It covers an area of 756,000 square miles and a population of almost one hundred million people. There are thirty-one states and a federal district.
Sentencing and Appeals [ Your Name ] CJS/220 [ Due Date ] [ Instructor Name ] Sentencing and Appeals Upon completion of a criminal trial and after a guilty verdict has been reached, the sentence of the offender is determined. The offender does have recourse through an appellate court should it be believed that there was a problem that may have occurred throughout the trial process or a legal matter that may have been applied incorrectly. The appellate court is charged with reviewing cases that have a valid reason for being appealed and determining whether the outcome of the criminal trial was just. This form of checks and balances maintains the integrity of the criminal justice system as the appellate courts are able to overturn the decision of a court that may have been influenced be it a possibly
Compare and Contrast the Traditional Litigation System with the Non-Traditional Forms of ADR Introduction There are two forms of litigation used within the court system. The first is traditional litigation. It is a procedure used to decide quarrels within the civil court system. It is based on the adversarial approach also known as a face-to-face battle in which there will be one winner and one loser at the end. The other is a non-traditional procedure known as Alternative Dispute Resolutions (ADR) and it is now currently being used more frequently than the traditional method as a way to reach an agreement in a dispute.