A Court cannot conduct a mini trial at the time of considering a bail application.141 At the stage of granting of bail, the Court can only go into the question of the prima facie case established for granting bail. It cannot go into the question of credibility and reliability of the witnesses put up by the prosecution. The question of credibility and reliability of prosecution witnesses can only be tested during the trial.142 The Court is not expected to go deep into the probative value of the material on record in bail matters. This is to be considered and taken into account by the Trial Court at appropriate stage after evidence.143 In a case relating to allegation of torture of wife, it was contended…
Explain the Nature and Types of Defenses Used in the Cases and what Evidence was used to demonstrate the defense…
Defense lawyers fail to prepare for trial or to do proper investigations on the crime and the defendant’s background. The result is inability to interrogate the witnesses and experts and as such cases end up in wrongful convictions (Stuntz, 2011).…
The American Criminal Justice System is a well orchestrated and cooperative performance with the professional courtroom actors and others all playing their parts in the administration of justice. This paper will look at a very important group of individuals the courtroom work group. Each person acts as one of the cogs in the machine, all cooperating to reach a common goal. This paper will describe what a courtroom work group is, who is in a courtroom work group and what they each do. The role of the prosecutor will also be described and how they determine which cases to pursue, and what would happen if the criteria for the prosecution of cases were more lenient or stringent. Lastly, this paper will describe the effects of the criminal justice funnel and the backlog of cases on the American court systems and the courtroom work group. Are there any solutions to help eliminate the funnel and help reduce the backlog of cases? To get an answer to that question, a review of the how this important group works will have to be understood.…
Criminal justice is a profession that is widely known around the world. Many people dream about pursuing a career in the law enforcement field. The law enforcement field like any other profession has its own terminology, to be effective as a police officer, lawyer, or detective a person must have a good general knowledge of the law enforcement field terminology. This paper will explain and define some law enforcement terms such as Pseudospeciation, social constructions, bigotry, racism, hegemony, disparity, and discrimination.…
The criminal defense process begins with the lawyer regularly and consistently being in court to defend and assist the…
Criminal defence attorneys will have experience handling variety of cases from simple traffic violations and drug charges to felonies and white-collar crimes. An attorney will assiduously assess the case, testimonials, evidence furnished, and circumstances of the case, based on which they will create sound defence mechanism. The focus of the lawyer will be on diligently protecting the interest of the client, reducing the criminal charges to lesser offence, lessen the severity of the punishment, reduce the jail time and offer sound legal advice.…
Criminal defense lawyers are the very people you will call in times of unfortunate incidents such as being arrested or being charged with a crime. Legal advices and representations are what you require during these trying instances.…
A crime is which one breaks the law, meaning an individual or a group partakes in an event to do something wrong and one is accused in which a crime was committed. A crime (1981-2005), according to The Free Dictionary is defined as “A violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties. There is some sentiment for excluding from the "crime" category crimes…
The job of a criminal defense attorney is so important that it was even written in the U.S. Constitution, cited in the Sixth Amendment that any citizen who is charged with a crime shall have the right to be represented by counsel. This is why, when charged with a crime, you must seek out the best criminal defense attorney you can for your defense.…
The word crime is defined as conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse (Schmallager, 2011, p. 7). In other words crime is an action taken that violates local, state, or federal laws that is not legally justified or excused. Crime is related to the law because crime is in itself defined by the laws of the city, state, and country that we live. An example would be that it is illegal or a crime to smoke in any public area in the city of Burbank while in the city of Los Angeles it is perfectly alright to smoke on a public sidewalk.…
). The sources of US Law are important because they secure our general wellbeing, and guarantee our rights as natives against misuse by other individuals, by associations, and by the administration itself. We have laws to accommodate our general wellbeing. These exist at the neighborhood, state and national levels, and incorporate things such as laws that originate from the Bill of Rights in the U.S. Constitution, that ensure our fundamental opportunities like the right to speak freely, religion, and the press. Laws that shield us from segregation in light of our race, sex, age, or due to an incapacity. In the United States, the Constitution is a definitive wellspring of the law. Be that as it may, it was never intended to address each particular…
None of us suspect of being accused of a wrongdoing, yet when it happens a criminal protection lawyer is one of the most ideal approaches to keep your name clear. Criminal accusations can run from robbery, burglary, falsification, smashed driving and medication ownership, so a barrier lawyer has an extensive variety of learning for some cases. In any case, that doesn't imply that all criminal safeguard lawyers cover those regions, so when you first do your calling around inquire as to whether your case is something that they have involvement with. Inability could wind up harming your case, yet there are a couple of new lawyers out there that truly indicate ability in any range of barrier.…
Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced to Fred’s dad, who is called by police. Dad says that Fred is a student at Columbia College. Police run Fred's record and determine that he has two prior DWIs within the past five years. The third DWI in 10 years is a felony. Police contact Columbia College security who leads them to Fred’s dorm. Fred is passed out, so security lets them in. The officers smell intoxicants, give Fred some Field Sobriety tests (he fails) and confirm that he was driving the car. Fred is arrested for DWI. It is his third offense, a felony under Missouri law. Fred is given a breath test, which registers at .13 on the scale. During the processing of his arrest paperwork, the officers search Fred’s possessions which he brought to the station, and a small quantity of cocaine is found in Fred’s pocket. Fred is charged with DWI, leaving the scene, and possession of cocaine. What issues do you see? How should they be resolved? (50 points)…
Normally, people want to avoid and wind up any criminal charges as soon as possible - and a criminal defense attorney is the best person to resort to for this purpose. Most of the people find the legal process difficult to grasp and proceeding with legal actions seems like an impossible task. Here is where the criminal attorneys come in.…
