Greeting courtroom members, I am Shaneka Lewis apart of the Defence Attorney and I will be representing my client Donovan Tisi pleading not guilty upon the robbery and bodily harm charges. On December 5th 2013 at 5:30 PM, Anver Williams had claimed to be walking home from his basketball practice where he perhaps had been wearing his brand new basketball sneakers. As Mr. Williams was walking home he decided to take a short-cut home from a dark alley way that leads to Eglinton Ave. As Anver Williams was walking he seemed to come across a group of older men. Anver Williams explained how the young men approached him and toke away his hat and his sneakers after while being brutally attacked. My question and argument court, is to why my client Donovan is being called upon out of all of the young men who had claimed to be there during this dispute, is there enough proof or evidence to show that Donovan Tisi had been there or even took part in this crime, that Anver Williams is not sure of who had harmed or robbed him? As we are gathered here court I would like you all to investigate or try to find real evidence to prove that it had been my client Donovan that shows his participation in this act.…
Bibliography: “Agostini V. Felton (1997).” Cornell University Law School Legal Information Institute. October 11, 2013. Accessed October 11, 2013. http://www.law.cornell.edu/supremecourt/text/521/203.…
Facts: Kyle John Kelbel was convicted of first-degree murder, past pattern of child abuse, in violation of Minnesota state statute section 609.185(5) and second-degree murder, in violation of Minnesota statute 609.19, subdivision 2(1). He was sentenced to life in prison for the death of Kailyn Marie Montgomery. Kelbel appealed, and argued that the district court failed to instruct the jury that it must find that the state proved beyond a reasonable doubt each of the acts that constituted the past pattern of child abuse and he also argued that the evidence against him was insufficient to prove past pattern of child abuse against Kailyn. Kelbel testified that the head injury of Kailyn was inflicted by a cup thrown at her head by step brother Evan. Kelbel also testified that other injuries found on Kailyn were caused by Evan and that he is "rough" with her. Medical examiners ran an autopsy on Kailyn's body and determined that the injuries had been caused by blunt trauma and force caused by a knee or fist. Medical examiners testified that the injuries caused could not have been caused by a cup thrown at her head or by an accidental fall down the stairs. Kailyn's mother, Lindsey, also testified that Kailyn had previous injuries that she became concerned with. Upon retrieving a search warrant, police entered Lindsey's home to find further evidence. Police found a dent in the wall near Kailyn's bed. After Kelbel was eventually found guilty of the charges brought, Kelbel filed a motion for a judgement of aquittal and for a new trial on the grounds that the evidence was insufficient to support his conviction. The district court denied the motion.…
Trial Judges are appointed to ensure justice in courtroom proceedings. Judges are also responsible with safeguarding both rights of the accused, and interests of the public. By doing so, this keeps the prosecutor grounded by making sure guilt is established of the accused as required by criminal law. The workgroup interact with each other daily. While the judge oversees the procedure, the prosecutor, defense attorney, and public defenders help to create a visual that is easy for the judge to see what happened. Prosecuting attorneys are the primary representatives of the people, by virtue of belief that the accused violated a criminal law and that the public knows about it. The defense attorney represents the accused by making sure that the defendant’s civil…
way. Honest attorneys present all evidence and information that has been gathered for the case.…
Both the prosecutor and the defense attorney are competent of handling ample discretion within their proper duties. The prosecutor could be considered to have appropriate capabilities at their availability which feature fewer restrictions compared to the discretional capabilities of the defense attorney. The prosecutor handles abundant discretion in deciding whether to originally go after a case and immediately charge the accused. They may find what to offer the defense when a plea bargain is settled and have the power to drop and re-file charges when it is appropriate to do so. Prosecutors may be engaged in horizontal prosecution or where there are several prosecutors may be assigned to the case throughout each legal stage, or vertical prosecution, where there will be a single prosecutor following the case through each legal stage (Meyer & Grant, 2003).…
In 1968 a case called Terry v. Ohio took place. This case made a big impact on the police departments of the United States by giving officers more reasons to make an arrest. A "Terry Stop" is a stop of a person by law enforcement officers based upon reasonable suspicion that a person may have been engaged in criminal activity, whereas an arrest requires probable cause that a suspect committed a criminal offense.…
Every American that has registered to vote or has a drivers license can at any time be called to serve on a jury. There are mixed feelings about being called for duty. Some Americans see it as a nuisance that will disrupt their lives. Others see it as an opportunity to serve their country. Being called to serve, and actually serving is two different matters. A jury is ultimately selected by the judge, prosecutor and defending attorney. How they are they picked? How are they released? Maybe this paper will answer a few of these questions.…
There was a calendar that was attained by officers on the deceased possession. This evidence was ruled inadmissible by the court, and yet it was still in the jury room for their viewing. The jurors had told the judge, that this calendar was very influential in deciding a guilty verdict. Judge Gerald Lee held a hearing and found the chief prosecutor Steven Mellin of the case has put the calendar in the evidence box that goes to the jury room for them to view. The judge also made clear that his belief was the prosecutor Mellin’s misconduct had been reckless, on purpose and not just a harmless mistake.…
Since the prosecution holds the burden of proof, they go first. When the prosecution examines a witness, they ask a chain of questions that that emphasize the elements of the crime and establish proof beyond a reasonable doubt. For the Sandoval case, their goals were to prove that he went back to the scene of the crime with intent to harm or kill, that he was capable of killing and that he did kill the victim. When Sandoval did take the stand, he was forced to answer questions that showed that he had no real reason to go back unless it was motivated through revenge and gave reasons why he would want to get revenge. I think a really effective witness was the paramedic that treated the victim. I thought it was a nice use of the witness because he mentioned details on the stabbing which brought to light that the victim appeared to have more offensive wounds. A strong point was made when the prosecutor mentioned that if it were a self-defense altercation then the victim would most likely have slash-like wounds instead of stab-like wounds. By far I think the worst witness for the prosecution would have been Officer Gassman. He did not submit adequate reports which I believe had a significant impact on the case. With respect to the prosecutions examinations, the defense got to cross-examine the witnesses. His goal was to show that the…
The roles of the Prosecutor were not easy in this case. The prosecutor was given old evidence that really had no concrete. The police had only a knife collection, drawings, and a date of Masters Mother’s death to build a case on.…
In presenting its case against, Mr. Stu Dent involving the deceased victim, Uma Opee, the prosecution intends to show the elements of crime are present in each of the charges lodged against the defendant, Stu Dents. Members of the team will provide a specific law for each charge which may be found in one of the following states; Indiana, Minnesota, and Texas. However, the prosecution team has decided that it will pursue this particular case in the great State of Texas, as it feels that it will receive a greater chance of achieving its goal of the severest punishment in the matter.…
When, if ever, can a defendant be questioned by the prosecutor at his or her criminal trial? 5pts…
The courtroom workgroup is a mechanism for prosecutorial discretion. Various techniques are used to convince the defendant that the evidence against him or her is overwhelming. “Charge stacking” is a process by which police and prosecutors create case with numerous charges or numerous instances of the same charge to convince the defendant that the risk of not pleading guilty is intolerable. The defendant may be convinced to plead guilty to a few of the charges in return for not being prosecuted for the remaining charges. Because the courtroom workgroup deviates from the public consensus of how justice works, it has developed a deviant set of virtues to continue its work and facilitate daily life for its participants. ("Courtroom Workgroup", n.d.) This group interacts daily to make sure that rules are being followed in each individual group but also to make sure it is given in a timely manner. The courtroom work group needs to communicate in order to offer plea bargains and choose jurors. The role of the prosecutor is to protect the government or community’s best interests. With that being said, the prosecutor must take cases based on the facts of each case and the evidence provided. If the prosecutor did not do this and took every case under less stringent requirements it could leave many cases going to trial with a…
Two brothers were shot and killed in their home. Police recovered shotgun shells that led them to investigate the petitioner. The petitioner handed over his gun and agreed to go to the police station for questioning. The petitioner answered all of the questions the police had, but when it came to the question about the shells matching the petitioner’s gun he went silent. So the police asked a few more questions to which the petitioner answered. The petitioner did not testify at the trial, so the prosecutor used his silence as evidence of guilt.…