There are 4 reasons why bail could be refused; if they believe the defendant will commit an offence while on bail, if they would interfere with any witnesses or the course of justice, if they need protection from anyone, and if they would surrender to bail. There are also factors to consider when granting bail such as; the seriousness and nature of the crime committed, the strength of the evidence against the person, the antecedents-family or social background and their previous bail record. The court and the police can impose conditions on bail and this is known as conditional bail. They have the power to impose a curfew - specified hours you are allowed, a report - to report to the police station regularly, reside - living at a certain address, surrender a passport and finally a
Another word for this is "blind justice" which means not blind to the facts but blind to the wealth, color, religion etc. of the accused. In most circumstances, the Judge or Jury is bound to find the accused innocent unless he is convinced "Beyond a Reasonable Doubt" of the guilt of the accused In most inquisitorial systems, a criminal defendant does not have to answer questions about the crime itself but may be required to answer all other questions at trial. Many of these other questions concern the defendant's history and would be considered irrelevant and inadmissible in an adversarial system. A criminal defendant in an inquisitorial system is the first to testify.
Appeals Process: Guilty Until Proven Innocent Angela Brown Introduction to the Criminal Justice System November 19, 2012 Prof. James W. Jackson Introduction An appeal is usually filed when a defendant to a case believes that a trial court incorrectly applied the law, or that a finding by a judge or jury is not supported by the evidence. The purpose of an appeal is not to retry the case, but to see if the lower court proceedings were conducted properly. As strange as it may seem, the failure of an attorney to make an objection on the record at a trial can cost a client the right to appeal. A trial counsel's failure to make an objection may be construed as "trial strategy." Good trial strategy often requires attorneys to pick their battles, which may involve refraining from making certain objections.
Checking your intuitions to not allow them to lead you blindly in any situation is a lesson to be applied to this film. The eye-witnesses present who had claimed to see and hear the defendant commit the alleged crime, were wrong with what they had claimed. This is evident when the jurors had debated this issue in the jury room. The sole unprejudiced, determined man did not dismiss his intuition about the defendant being not guilty. He surely did not blindly assume against the boy and his alleged crime.
Bail, if granted, entitles the defendant to remain free until the next stage of the case against him. The starting point is that there is a presumption of bail. This means that the police and courts must grant bail and release the prisoner unless there are good reasons not to do so. If the defendant is not granted bail he will be kept in custody. There are some circumstances where this right to bail does not apply.
Before the law enforcement officer can make an arrest there has to be a clear sign of probable cause if an officer neglects to find probable cause before arresting the individual when the trial comes along, the case will be dismissed in court and the offender will walk away free. | 2. What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important potential economic, social, or political pressures, and exclude inconsequential facts.
If you were found guilty after a trial, you can appeal to the Crown Court against your conviction. However, if you pleaded guilty and were sentenced in the magistrates’ court you will not be able to appeal against your conviction, but you can still appeal against the length or nature of your sentence. In order to appeal, you are required to obtain ‘leave’ (permission) from the Court of Appeal. In the first instance, you apply for leave to appeal to a single judge who will consider your request on the papers alone. If this is refused, you can apply in front of the full
| LAW AND ORDER 1) Title: The Case of the Conflicted Prosecutor 7/14/2008 Source: Media 2) Facts: * He lost their trial on purpose, in the interest of justice (Bibb) * The job of determining which side prevails belongs to judge and jury * Lawyers have an ethical duty to represent their clients’ interests see them, not as the lawyers would like them to be. 3) Opinions: * Bibb’s ethical principle- Prosecutors are charged with seeing that justices is done, not just winning the case. * Bibb’s rationalization principle- If Bibb had refused to accept the case, another prosecutor would have taken over, and might have won a conviction. * He (Bibb) did not think that justice was certain enough to occur without his help, so he violated his oath and his professional standards to get the imprisoned men exonerated. 4) Materials in the article and the text: The article raises the question of “Was Bibb ethical?” He also came forward and admitted to throwing the 2005 re-trial of the two men that were convicted.
It promotes not only a healthy criminal justice system but also a healthy society, where political leaders cannot abuse criminal justice system to silence their opponents. However the use of juries in the criminal justice system may have many problems. Firstly most jurors have little or no training in matters of law. The only legal requirement for a juror is that he knows the facts involved in case being tried. The judge guides the juries in determining the facts they can admit into evidence and the ones they must exclude.
“Les Miserables” Analysis Someone once said, “There is a way of falling into error while on the way to truth.” In other words, doing something wrong can allow people to see what is right. In “Les Miserables”, Inspector Javert’s only motive is to arrest Jean Valjean for being a convict. Jean soon became a new man as he had promised. There is also a group of republicans who fought for what they believed in, but failed. These scenes in the movie best exemplify the quotation to be true since the characters seek truth but faced conflict.