Unless a defendant waives the Fifth Amendment right to a grand jury indictment, in a federal prosecution the prosecutor must initiate a serious criminal case through a grand jury indictment. Federal grand juries consist of between sixteen and twenty-three grand jurors with a foreperson appointed by the court to overseeing the grand jury. For an indictment at least twelve grand jurors must vote to indict, or not indictment can be issued. A federal prosecutor presents witnesses in front of the grand jury and asks questions of the…
The court case of Smith V Cain was taken to the Petit jury in which the evidence was presented was favoring Cain due to the fact that he was an eyewitness who matched Juan Smith to one of the several gunmens at the house in 1995. The Petit jury was selected to hear this particular case in 2011 due to the fact that the Grand Jury is where the cases are sent to decide whether the case should be upheld and proceed to the next court or if the case has no real merit and essentially would be a waste for both of the parties to pursue a farther hearing in a higher court. The petit jury had originally ruled in favor of Cain and had ruled in favor of not granting Smith’s appeal. Smith had appealed saying that the trial was unfair and he didn’t…
This process is where witnesses are called to give their statements. They are questioned and cross examined by all lawyers/attorneys. Cross examination is being questioned by each lawyer/attorney they may ask the same questions but in different words. The prosecutor is there to make the jury believe the criminal is guilty whereas the defense attorney is there to make the jury question if the criminal is really guilty. There are also three types of witnesses which are; ordinary witnesses, expert witnesses, and character witnesses. “Ordinary witnesses can testify only as to their personal observations. Expert witnesses, on the other hand, are allowed to offer their opinions in their area of expertise. Chartacter witnesses may testify only to the general good reputation of the defendant” (Zalman,…
3. Foreman: The Foreman is responsible for keeping the jury organized. He seems calm and neutral in the way that he does not object or counter anyone’s opinions.…
Sorry, dead wrong. The purpose of a grand jury is only to see if there was probable cause that a crime may have been committed. What evidence is presented is selected by the Prosecutor. There is no defense attorney, no defense presentation. It's not about guilt or innocence, only to see if there's the bare minimum of evidence that there may have been a crime. It's EXACTLY the same barrier as a police officer has in order to stop you, probable cause.…
The role the jury trial plays in criminal cases is fundamental to the American scheme of justice.1 The right to a jury trial is rooted in our legal tradition2 and is articulated in the U.S. Constitution.3 This protection extends back to British common law, and serves as a check against government oppression by ensuring that a defendant’s fate lies in the hands of a jury of ordinary citizens rather than the government’s prosecutor or judge.4 Coupled with the presumption of innocence, the right to a jury trial serves as a “cornerstone of Anglo-Saxon justice”5 that limits potential government tyranny. At the heart of jury trial protections and the presumption of innocence lies the concern that it is better to let a guilty man go free than to convict an innocent man.6…
The grand jury originated in England, under the rule of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person, and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today, grand juries are virtually inexistent with the exception of the United States, which in some cases, still utilizes a grand jury. The Fifth Amendment clause on grand juries does not protect individuals serving in the military because they are considered to be United States property. By federal law, misdemeanors do not require an indictment to be obtained for a trial. Federal law only requires an indictment for felony cases to be presented before a court.…
High profile cases being spread through the media attracting massive attention. Cases such as the Sean Bell shooting, Amadou Diallo, and these trials were spread all throughout television which sometimes doesn’t fall in the favor of the defendant. There are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10, states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence, the defendant presents…
At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome. When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial.…
Profoundly established in the Anglo-American custom, the grand jury initially served to secure the denounced from excessively enthusiastic indictments by the English government. Congressional statutes diagram the methods by which a grand jury should impanel. Commonly, the grand attendants are chosen from the pool of prospective members of the jury who possibly could serve on a given day in any hearer limit. at normal law, a grand jury comprises of between 12 and 23 parts. Since the grand jury was determined from the regular law, courts employ the basic law as a method for deciphering the grand jury clause. While state councils may set the statutory number of grand legal hearers anywhere inside the basic law prerequisite of 12 to 23, statutes setting the number outside of this reach damage the Fifth Amendment. Elected law has set the elected grand jury number as falling between 16 and 23.…
While often mistaken, it is not the responsibility of the Grand Jury to decide a guilt verdict. Their initiative is to ensure that due process is carried out and that the premise of probable cause is not dismissed for some of the more serious offenses. Although highly controlled by the prosecution, the Grand Jury is not to be tampered with or manipulated by the prosecution. Any attempt by the prosecutor to manipulate or malfeasance in the judicial system should be reported by the Grand Jury (Johnston, 1974, p. 160). It is this manipulation of this asset that can turn the Grand Jury into a (tool) for the prosecution instead of a patriot for justice.…
Many may think that by watching tv shows like, Judge Judy, are an easy way to learn how the court system works. However, there is much information that can be gained from serving on a jury. For example, there are two types of trials, criminal and civil. A criminal trial is a trial held when an individual has been accused of committing a crime that is against society. A jury held in a criminal case is made up of 12 people who work together to make a unanimous decision of “guilty or not guilty” and the government must prove that the crime was committed “beyond a reasonable doubt.” A civil trial jury is a jury made up of at least six people who come up with a decision based on proof that is “more true than not.” There are also three different types of juries. A grand jury, a petit jury, and a civil jury. Needless to say, it is actually the jury that makes a decision rather than the…
Jury selection are various methods used to decide who will be on the jury. The jury pool is initially chosen from among the community utilizing a random strategy. Jury records are gathered from voter enlistments and driver permit/state id. From these records, some people are mailed. They will be addressed in court by the judge and/or lawyers in the U.S. According to Shari Seidman, in some cases such as capital punishment, the jury must be death qualified. Jury procedures are taught in law institutions to law students. The jury chose is said to have been empanaled.…
The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009).…
A jury trial is a trial with 12 people from different background that get to choose if you are guilty or not. The vote has to be unanimous. A bench trial is a trial where the judge is deciding whether you are guilty or not. You get to choose but they both have their ups and downs. The defendant might choose a bench trial because their case might be complicated and confuse a jury. The defendant might choose a jury trial because the verdict is harder to agree upon. When it come to both of the ways to have a trial, none of them is 100% sure if their verdict is…