preliminary examination and the role of the grand jury Analyze the prosecutor¿s duty to disclose exculpatory information Discuss prosecutorial misconduct. Explore the right to a preliminary examination and the role of the grand jury A preliminary hearing may not be held in every criminal case in which a "not guilty" plea is entered. Some states conduct preliminary hearings only when a felony is charged‚ and other states utilize a "grand jury indictment" process in which a designated group
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Persuasion in Jury Selection In jury trials‚ the lawyers begin each case with the process of selecting the jurors. In theory‚ these jurors are supposed to be representative of the larger community‚ much like a good‚ random sample in an experiment. The lawyers are allowed to question each juror‚ in an attempt to remove any individuals who might possess personal bias against either side. Once again‚ theoretically‚ this seems like a pragmatic approach for justice. However‚ it should be obvious‚
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Juries are a fundamental institution within Canadian law and decide a large portion of important cases‚ changing many lives. Considering that a jury is simply a group of citizens who appeared to be the right fit for jury duty on a list‚ do we place too much power in their hands? This paper looks at the jury’s power of nullification and why it should or should not continue to be a part of the Canadian justice system and if it should‚ how can we improve it? Drawing on real cases and scholarly journals
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Having a Jury Trial is known to be a part of the Adversarial System. Which is when exhibits‚ evidence‚ and witnesses are assembled by representatives of one side or the other to convince the fact finder that their side’s viewpoint is the truer one. Contrasted to that approach is the inquisitorial approach‚ used in mostly Europe. In this approach the Judge is given more control over the proceedings. The judge will interrogate the disputing parties and witnesses‚ referring frequently to a dossier
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Arrogance The Trial by Franz Kafka chronicles the arrest of a worldly‚ young bank official‚ Joseph K. for an unknown crime and traces his struggles and encounters with the invisible Law and untouchable Court. Although the novel is critically acclaimed for satirizing the Austro-Hungarian bureaucracy of Kafka’s time it also seems to be criticizing the arrogance of the common people. Joseph K.’s eventual downfall is not just due to the in comprehensible judicial system but can be attributed to his
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Jury Nullification CJA 344 October 6‚ 2014 Johnny Cotton Jury nullification is defined as when juries believe a case is unjust or wrong and may set free a defendant who violated the law. Jury nullification has been an option of a jury in the United States. In the legal system that we use today‚ jurors have the power to give a non-guilty verdict even when the evidence clearly shows that the defendant is guilty. In cases like this‚ the jurors decide that the certain laws should not be applied to the
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Jury Nullification Paper Following the American Psychological Association’s Guide Kristina Wilson University of Phoenix CJA/ 344 The act of jury nullification occurs when a jury comes back with a verdict of not guilty despite the belief that the defendant is guilty of what he or she is charged with. This generally takes place when a jury finds a law is not morally right or that it does not associate with the defendant. “Jurors decide to disregard judicial instructions and arrive at their
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Trial by Media The justification system is quickly being scorched in America by how the media manages all lurid cases. People are getting prejudged by the press and public before any legal action has taken place. I believe it is completely amiss for the media to interpret whether a person is guilty or innocent‚ before or even after a verdict has been established in a court of law. Take O.J. Simpson’s case for instance. Simpson was accused of murdering his ex-wife‚ Nicole Brown Simpson. This
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victims‚ and ensure the guilty are brought to justice. In criminal trials‚ individuals in the jury wielded real power in the trial since they settle the fate of their fellow citizens by determining the defense is whether they are guilty of some of the most horrendous crimes. Being a member of the jury‚ my predominant responsibility in the mock trial was listening to the evidence presented by the Crown and the defense carefully. The jury was expected to examine all the evidence deliberately and make judgement
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Criminal Trial Procedures The pretrial procedures are the formal process taken after arrest is made all away up to the trial. Once an arrest has been made the prosecutor will decides to file charges if there is probable cause to the crime‚ which he or she is charged with. The next step will be the preliminary hearing. The preliminary hearing will establish whether probable cause is sufficient for trial. The preliminary hearing is conducted before a magistrate or a judge‚ were the prosecution
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