Essays on Jury

What does the court mean when it says "Stare decisis is not an inexorable command; rather it is a principle of policy and not a mechanical formula of adherence to the latest decision"? Stare decisis is a Latin word that means to stand by what has already been decided. Therefore, in criminal law it is defined as the adherence of the current court system with the principles that has already been established by previous court decisions or rulings. In other words, it can be stated to be a principle of policy. Hence, it promotes reliance on the judicial ...

The Cave

Plato’s The Cave is an allegorical story which Socrates was telling one of his followers Glaucon to explain to him the difference between a philosopher who seeks wisdom and others who aim to remain in ignorance. In the story, Socrates tells of a group of people who have been chained facing an empty wall their entire lives. They are unable to look anywhere, except the wall. Right behind them is an assembly line of items that are constantly going by which are reflected onto the wall by the light which comes from the fire that is behind the ...

What function does a grand jury serve? Does replacement of the indictment function of grand juries at the state level with prosecutors authorized to charge crimes by filing sworn information impair the rights of citizens charged with crimes? 2

What function does a grand jury serve? Does replacement of the indictment function of grand juries at the state level with prosecutors authorized to charge crimes by filing sworn information impair the rights of citizens charged with crimes? Grand jury is in charge of official proceeding, investigating potential criminal conduct and evaluating the necessity of criminal charges. It does not ...

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Issues Regarding the US Constitution’s Fifth Amendment

This law protects the person from incriminating himself to a crime, from possible improper methods to be used by law enforcement either through deceit, coercion or threats (Snitker). By encouraging silence in the face of the need for legal defense, this law wisely leads the accused to seek legal assistance.

Protection to the Criminal Defendant

Self-preservation is a natural right of any person and he may abuse this right by unknowingly withholding cooperation in judicial processes against crime. Excessive protection can be treated with reasonable approaches by law enforcement so that the Fifth will not overly and inappropriately protect defendants.

Custodial Interrogation

The ...

Q. 1: The Defendant’s Competence to Stand Trial

No, the defense team feels that the defendant is not competent to stand trial. This is because Mr. Stu Dents must have been suffering from delusions at the time of the commission of the alleged crime. From the evidence obtained in the Journal entries containing references to aliens, God, and the end of the world, it is argued on the defendant’s behalf that he was suffering from some mental defect which made him have a deluded feeling that killing was a way of “fulfilling his destiny.” Moreover, the defendant’s combative, irrational, and agitated behavior at the time ...

Introduction

Traditionally, employment relationships have generally been governed by the common law doctrine of employment at will. In the nineteenth-century American common law, the employment-at-will doctrine became the norm. The at-will-doctrine holds that unless the parties expressly agree in particular duration, the employment relationship can be served by either employer or the employee at any time and for any reason. According to the Bureau of Labour Statistics, however, there are major exceptions to Employment-at-Will including implied contract exception; policy exception and convention of good faith and fair dealing (Muhl, 2001). Employment at will is basically a voluntary and indefinite employment ...

In 399 BC, one of the greatest ancient thinkers, Socrates, faced the trial upon the accusations of his corrupting influence on the Athenian youth, rejection of gods recognized by the Athenian state and invention of new gods. In the course of the trial, the philosopher was given an opportunity to defend himself, and his speech interpreted by Plato under the title Apology has survived until nowadays as a prominent example of rhetoric and argumentation. Socrates moves from explanations of his actions to critique of the values and misconceptions of his accusers (particularly, Meletus). Although one would expect a person ...

How has the Constitution been able to remain a durable and viable instrument of government despite the enormous changes that have occurred in our society since its adoption? Discuss the issue in terms of specific changes. The Constitution speaks predominantly in terms of the protection of individual rights from governmental abuse or abridgment. What corresponding obligations and burdens must each citizen undertake or bear to ensure that everyone remains free to exercise these rights to their full extent? The criminal law, both procedural and substantive, is limited by the Bill of Rights in terms of protection of US population ...

Introduction

Maeder, et al. (2016) defined “CSI effect” as the unreasonable expectations of jurors on the sophistication of forensic science as a consequence of learning about it through television programs, such as the CSI (Crime Scene Investigation), resulting in fewer convictions in the absence of sophisticated forensic evidence against the accused. Lobo and Schnobrich-Davis (2015) referred to this as the “Tech effect”, which essentially extends the definition into the advances in information dissemination technology and beyond ‘crime scene television shows’.

Article Summary

Research questions: The Lobo and Schnobrich-Davis (2015) study was guided by three research questions: (1) Does the CSI effect (as ...

Immediately after assuming the presidency, George H. Bush had to deal with the enormous deficit the country was in while simultaneously dealing with the American people who expected him to follow Reagan’s policies. Bush also had to contend with being the leader of a Democratic controlled Congress that fought his decisions at every turn because they believed the best solution would be to raise taxes while the Republicans wanted to cut government spending. Thus when one evaluates George H. Bush’s presidency, it is important to keep in mind that even if he had meant to keep the ...

I. Introduction The ubiquitous presence of mobility devices, including most notably smartphones, highlights how mobility has come to be integral to everyday life at workplace, college and home. The major focus on mobility is, given current coverage, is on applications and cloud platforms. Less reported still but is, probably, of much more significance, as shown later, is wireless licenses and applications which enable much of current mobility operational efficiency, if not operability at all. As is always common in ICT innovations, user interface applications and platforms more often than not draw ICT community's attention, a community focused more new ...

Part 1

Objective: in this critical analysis, you are expected to demonstrate an understanding of public health ethics and legal issues. Also, you are required to actively engage with the subject and come up with a substantial perspective on it.

Introduction

This critical analysis will outline the main purpose of the public health ethics and legal issues for protecting and upholding public health. Public policies and social programs are some of the aspects that constitute a good public health. Also, some patients with distinct issues contribute to the wellbeing of the public health, especially in a situation of unethical event regarding health ...

Introduction

Law enforcement has turned out to be extremely challenging in the contemporary changing social and cultural climate. It has continued to experience a range of challenges that are generated by the existing environment. The law enforcement practices, as well as policies, have received a lot of public scrutiny. Terrorism, large-scale population movements, globalization, and entrenched social problems have made the enforcement of the law, especially by the police, more challenging. The contemporary policing is primarily marked by the uncertainty and broadening of crime deterrence problems. Among the law enforcement officers, the police have been scrutinized heavily by the public. ...

William Kunstler: Disturbing the Universe is a documentary that follows the life of a radical-leftist attorney. However, the captivating and incendiary film is also based on the tragic form of liberal guilt. The movie revolves around the numerous cases that Kunstler was involved with until his demise. The film depicts William Kunstler as the passionate defender of the American people’s civil rights, earning him the reputation through defending a majority of the controversial defendants during the 20th Century. In Kunstler’s profession, he defended the American Indian Movement, Chicago 8, the Attica Prison rioters, the Freedom Riders, and ...

[Class Title]

The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

Introduction

One of the most common strategies of criminal defense attorneys when representing a defendant who has an unusual condition such as a mental abnormality, is to argue either that regardless of their actions, they are nevertheless not responsible for the crime or that they never had the capacity to commit a crime. The reason that criminal defense attorneys can make these arguments is that criminal law recognizes a number of unique situations where otherwise criminal conduct should not be subjected to a determination of guilt and the offender should be exempted from the crime (LaFave, 2000). These arguments, which ...

Courts of Law and Criminal Justice

The Judiciary forms the third arm of government in United Sates. In its quest to dispense justice, the jury plays independent roles of enabling fair trials and earning the trust of Americans by judging impartially while court officers are crucial in the effective administration of the courts and assumption of the challenges that confront people. In mutually interdependent ways, the jury and court officers are charged with the responsibility of establishing the legal and organizational framework and controlling the day-to-day court operations. This calls for balancing the delicate internal relationships to divide administrative duties among court officers and the ...

I. Introduction- The Life of Socrates (Perdue, 2014)

Overview of the Hierarchy- A brief overview of who mentored whom, and their greatest contribution to the study of Philosophy.

Brief biography of Socrates- An overview of some of the most significant information about the life of Socrates. II. Body- The Apology of Socrates (Plato) The Accusation and the Accusers (17a to 19a)– Narrates the accusation against Socrates, and how he addressed these accusations. He also recognized the difficulty of convincing the youth of his innocence. The Oracle at Delphi (19a to 24e0- Socrates addressed his Meletus, and his accusation about his misuse of his wisdom. As he tried to disprove the oracle in Delphi, he then proved that it is ...

The police, courts, and the correction facilities did an outstanding job in finding out the details of the case. However, there were a few questions raised as to how the case was handled. The Lindbergh baby had been kidnapped. After the child's nurse had notified the parents of the child missing, they reported the issue to the local authorities (Shoenfeld, 1936). The police were informed and had a difficult job determining whether or not this was an inside job or not since the kidnapping occurred at home and nobody noticed anything out of the ordinary. The baby had been ...

Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer may terminate an employee for a good cause, bad cause, or no cause at all, so long as it is not an illegal cause . An employer cannot terminate an employee for discriminatory reasons, a breach of employment contract, or in retaliation for exercising their employee rights. Discriminatory reasons include race, color, sex, religion, national origin, etc. In order to better understand how at-will employment works, I will provide three different scenarios ...

The Bills of Rights and Criminal Justice in the United States of America

The criminal justice is one of the critical component of the United States government and social systems. Although the Constitution defined the main foundations of the social life in the country, it is the Bill of Rights, which substantially expanded the personal rights and liberties of the American citizens (Bodenhamer & Ely, 2008).

In particular, the following Amendments are of particular interest for the members of the law enforcement community:

The Fourth Amendment made unwarranted searches and seizures illegal (Schwarz, 1992). The Fifth Amendment serves to protect the community from self-incrimination and double jeopardy. In addition, it established the ideas of due process and grand jury for the criminal proceedings (Schwartz, 1992). The Six Amendment provides a ...

Assignment 2: Employment-At-Will Doctrine

Abstract Employment-At-Will Doctrine states that states that an employee or an employer can decide to end the employment contract with or without a prior notification. A workplace has a lot of complications and requires some rules and regulations to govern it. Admittedly, there are some exceptions that limit the full application of the employment at will doctrine as the exceptions challenge it. The paper will expound three major exceptions including public policy exception, implied contract and the Implied Covenant of Good Faith and Fair Dealing. Additionally, a case scenario involving employees of a company and the bosses will be ...

Introduction

Trials for criminal cases is important to know the level of guilt or innocence of the accused person. It involves the enforcement of public codes of conduct as represented in the rule of laws as supported by the government’s prosecuting institutions or individuals. In general, the criminal case trials, there are efforts to bring criminal charges against the individual who allegedly committed a crime against another person or group of persons. However, the trial process itself is not as easy as it sounds. There are procedural steps that are normally being followed in a criminal trial, which will ...

The reality of higher court lacks the excitement one may have grown accustomed to in the evening television crime dramas, but the wheels of justice were turning today nevertheless. Ryan Barley was one of two defendants whose cases were brought before Judge William Worsham today in district court. Barley appeared in an orange jumpsuit and leg and waste shackles. Barley is accused of theft by embezzlement after being connected to a scheme to move thousands of dollars from a local construction union to private accounts opened earlier this year by Barley. State investigators were called in when an audit ...

Psychology

Psychology

What are minimal groups? How does group membership lead to prejudice and discrimination? Minimal groups are groups used in research methodology in social psychology. The groups are used for researching the minimal conditions that are necessary for discrimination to take place between the groups (Otten, 2016). Group membership leads to discrimination and prejudice by making people conform to the set of behaviors associated with the group they belong. The people conform as a result of the social norms which are considered to be the appropriate behavior in the group.

What is modern racism, and how is it studied?

Modern racism is one of the belief systems that ...

Sometimes, the perpetrator may be unsuccessful at his objective which is having sexual intercourse, but may sexually assault the victim through inappropriate touching, attempted rape. Rape is any form of sexual assault that is unwanted and that a person does not concede. These include oral, anal, and vaginal penetration.

The question of whether the victim knew the perpetrator is not relevant to date rape cases. The most grueling task in solving a date rape case is proving that it was ‘rape action’ and that the victim, did not consent to have any form of sexual intercourse with the perpetrator. ...

(University/Institute)

Health and hearsay

Legal actions engage health records as evidence are geared to buttress or strengthen or on the other hand vilify the testimony given at a trial. “Evidence” is understood as “testimony, writings, material objects, and other things presented to prove or disprove a fact.” Health record can be used as proof in either civil or criminal actions as well as in administrative hearings. However, before a party can use health records as evidence in any proceedings, the party seeking to use these records must first determine whether these are admissible; to be admissible, these must be determined as relevant ...

Introduction

The main legal issue raised in the present scenario is whether Andrea was suffering from mental insanity when she committed the aforementioned crimes and therefore whether she can successfully rely on the defense of insanity, say, on appeal. Further, this problem raises the issue of if Andrea’s ex-husband, Rusty, bears any criminal responsibility in the crime. As a general defense to criminal liability for all offenses, the defense of insanity allows the jury to return a not guilty by reason of insanity verdict. Under this defense, the accused person may claim that at the time they committed the ...

Steps in Criminal Jury Trial

Upon being charged with a crime, the defendant is provided with some documents including an appearance notice and promise to appear in court, summons, the information, etc. This states the charges, the offense, and then date, time and place of the opening court appearance (Walston-Dunham, 2011). In this instance, the case now proceeds to the trial phase. For a case to be complete, it has to follow through six main steps i.e. selecting a jury, opening statements, evidence presentation and cross-examination, the final remarks, jury instructions, and finally the jury verdict. Selecting the jury - The first step begins ...

Essay in English Law Whether it is Unfair for Criminal Justice Insiders to Sit On Jury

Most likely, it is unfair for someone who works in the criminal justice system to be chosen to participate as jury selection-members, in the British legal system. Prior to the time of the Global Recession of 2008, one report discussed several aspects of the UK-defined protocol of what a jury-system process entails. Commentary was made regarding the UK jury system historical roots, trial-jury size, secrecy, independence, and selection (“Jury Service – Crown Prosecution”). One set of erudite Australian Professors noted that the advent of social media had fundamentally caused problems, especially during trials (Wallace et al. 2011). Consider, however, the ...

Introduction

People commit a variety of crimes on a daily basis. Some crimes are minor incidents that do not have an extensive consequence or sentence to uphold by the offender. There are crimes that are committed that are in a higher bracket and these crimes have a more serious sentence. People often commit a crime for a number of reasons. Some crimes committed were not even done by the person who was charged in the incident. There needs to be proof or evidence that can place the alleged criminal at the crime scene when it accrued. It is important that ...

In Plato's "Apology", Socrates' series of dialogues in the period preceding, during, and after his trial provide an insight into his mastery of rhetoric. That is especially true given his ability to arrange his arguments in a judicious manner. While not overly successful in persuading the jury, the final judgment appears to be as a result of bias and prejudice rather than having a weak argument in the various passages of the "Apology." Socrates makes a persuasive claim that it is not possible to separate wisdom from moral virtue. Therefore, by being a man of wisdom, he could not ...

886 F.2d 14 28 Fed. R. Evid. Serv. 823

v.

BUSCH ENTERTAINMENT CORPORATION, d/b/a Busch Gardens,

The Old Country, Defendant-Appellee No. 138, Docket 89-7378.

United States Court of Appeals, Second Circuit.

Argued Sept. 13, 1989.Decided Sept. 15, 1989

Summary

On August 23, 1986, Willie Mae Gray and her two daughters went to Busch Gardens, an entertainment park in Williamsburg. She boarded a small train and tumbled off and harmed herself. Busch Gardens representatives dispatched a medical aid group to the site and called an emergency to evacuate her for medical attention. One of Plaintiff's Daughters accompanied her to the hospital while the other went to record the incident with the nurse. The records ...

Informative Speech: The Fifth Amendment

Attention Grabber: While most people know that the Fifth Amendment establishes the right of a person not to incriminate themselves, what is less commonly known are the three other rights that the Fifth Amendment protects. Thesis: Beside guaranteeing the right against self-incrimination, the Fifth Amendment also provides for the equally important rights of: due process, access to a grand jury for capital offenses, and the prohibition against being prosecuted or punished twice for the same crime (Kaci, 1998).

Point One: That right is based on the Fifth Amendment’s right against self-incrimination. A right to “remain silent” also includes ...

Theodore Bundy, known as Ted, was born in 1946 and was a source of shame to his mother, who was not married when she gave birth. This was considered a scandalous affair by her parents, who were deeply religious. In order to keep their family intact Ted Bundy was adopted by his grandparents and raised to believe that his mother was his sister. Later on he moved to Tacoma with his “sister”, Eleanor Colwell, to Tacoma, Washington. There she met and eventually married Johnnie Bundy. Despite being raised in a stable, working-class home, Ted Bundy still started exhibiting several ...

It was in January 1986, and Everett’s family were travelers on Carnival's journey ship "Occasion." While strolling along a traveler pavement on the Lido deck of the boat, Mrs. Everett stumbled and fell, maintaining wounds to one side shoulder and upper limb. The boat reached the shore the following day when Mrs. Everett visited the doctor who prompted her to go back to their place to be treated. This family eventually flew back to Pennsylvania where Mrs. Everett was admitted to the hospital (Wyatt 147). That stuff which she stumbled on remained a metallic limit spread for a ...

Literature analysis: “Trifles”

“Trifles” is a one-act play written by Susan Glaspell and it deals with the murder of John Wright. The play is about feminism because women protect one another although they seem to be dependent on their husbands. The main theme in the story is Mrs. Wright’s guilt and although it is not proven, it is implicated, bit the women still protect her. The characters in the story are: County Attorney, Henderson, the Sheriff, his wife, Mrs. Peters, Hale, a farmer who is a neighbor and his wife Mrs. Hale. Mrs. Wright is deprived of her name as are ...

Introduction

The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes ...

Many people agree that the most severe crimes deserve the most severe punishment. A great deal of people views the death penalty as a just and the most appropriate measure in this case. But do you know how many executions were carried out since 1978? Only thirteen. And these thirteen deaths cost about $4 billion taken from the pocket of California taxpayers (Alarcon and Mitchell 541). Impressive numbers, aren’t they? These figures speak for themselves. The death penalty system turned out to be ineffective and has to be replaced with more productive measures. The Proposition 34 is a ...

Organizations apply the analysis of break-even to make price decisions of their products, understand the costs that are involved in the production, and make a decision on the volume of sales achieved that can make the business profitable. In this plan of activities, Mission Hill Wine made total sales of its wine at $12, 500 in 2015 and incurred a variable cost per unit of $700 and a fixed cost of $ 8million. Therefore, the break-even would be determined as: In terms of units, BEP = 8,000,000/ (12,500-700) = 678 units. In terms of sales, BEP =678 units*12, ...

IMPARTIALITY OF JURY SYSTEM

IMPARTIALITY OF JURY SYSTEM The use of juries in the justice administration is a strategy to introduce the impartiality and citizen participation in the justice system. The way the jury is selected will affect the impartiality of the justice system and how the government protects the rights and give benefits to the citizens that participate as the jury. The use of juries offers positive and negative aspects.

a) The jury is independent of the judge and the justice system. Citizens of the community have the power to influence in a case without prejudices (Abramson, 2000). b) The citizens participation ...

IN THE SUPREME COURT

BETWEEN: CHARLES WAITROSE Appellant and

REPUBLIC OF CANADA Respondent

APPELLANT SKELTON ARGUMENT _________________________________________________________________________

INTRODUCTION AND FACTUAL BACKGROUND

The agreed facts of the case as it was before the trial and first appellate court were that Florence Waitrose, 8, had been suffering from an inoperable malignant brain tumor for six months. Despite receiving significant amounts of medication to help abate her pain, she continued to suffer considerably in the terminal stages of her life. All other curative treatments had ceased, and she was being nursed at home by her parents. Her father, Charles Rose, under the feeling that neither he nor his daughter could cope any longer with ...

The U.S. Bill of Rights The Bill of Rights was proposed and passed through twelve amendments but only ten were successfully ratified and became part of the United States Constitution, which was at first considered incomplete because it lacked what proponents called the basic human rights. The common belief at that time was that the framing and ratification of the Bill of Rights was to eliminate fears of the Anti-Federalists that the proposed Constitution did not satisfactorily guarantee individual freedoms. Even if individual liberty was important during the debate for the bill of rights, the Bill of Rights was ...

a. Prior to 1972, the death penalty legal procedure varied from one state to the other. However, in Furnam v. Georgia, a Supreme Court case which was decided in 1972, the constitutionality of the death penalty was addressed. In this case, the Supreme Court decided that the death penalty was imposed b as a result of an arbitrary and discriminatory process (Lynch and Haney 337). In this case, the defendants claimed that the imposition of the death penalty represented a violation of their rights under the 8th and the 14th Amendment (Dunn). Furman, the main defendant, was charged of ...

Part A. Answer the following questions based on the literature:

PTP (Pretrial publicity) creates a set of problems that forensic social/cognitive/experimental psychologists are uniquely qualified to address. What are some of these problems? Hint: they are psychological (social/cognitive) and legal (procedural/substantive). Thus, begin by addressing: why we are concerned with PTP at all? What are the alleged effects and what does the social science research indicate regarding these effects (be specific in citing literature)? One of the problems, caused by Pre-Trial Publicity is the cognitive one. This means that juries get the information about the case under some circumstances, identified by the pre-trial mass media articles, which they ...

Response to Walter Rumans

As Walter clearly brings out in his comment on comparative judicial systems, there are three major legal or criminal justice systems depending on whether it is civil or common law jurisdiction. These are the adversarial system mainly found in common law countries, the inquisitorial system commonly found in civil law jurisdictions and the popular or mixed system that combines aspects of the latter two. These different legal cultures indicate how our various justice systems work and operate differently. As pointed out, the adversarial system is the most shared and familiar one in which two parties to a legal dispute ...

Abstract

Puerto Rico is a small island that is part of an archipelago located somewhere out in the Caribbean Sea. It has an approximate population of about 3.5 million people and has a small area of about 9,104 square kilometers. The population is largely Hispanic where Spanish and English are the languages that have been set aside for official use. Fridolin (2000) says that the most ideal court system in terms of ideals would definitely be that of Switzerland as it is considered the most transparent court system in the world. It boasts of absence of external interference and ...

Article #

Ruva, C., McEvoy, C. & Becker Bryant, J. (2007). Effects of Pre-Trial Publicity and Jury Deliberation on Juror Bias and Source Memory Errors Applied Cognitive Psychology 21, 45-67. Is the decision of the jury as objective as it should be? In their article, titled “Effects of Pre-Trial Publicity and Jury Deliberation on Juror Bias and Source Memory Errors”, authors Ruva, Mc Evoy & Bryant, discuss the issue of jury impartiality by analyzing the degree to which the access to media information affect the decisions of the jury member and cause them to interpret the evidence either in favor or against the ...

INTRODUCTION

The American criminal justice system is a very complex entity that most people hope to have little interaction with. Most people will tell you that it can also be incredibly confusing. People become most invested in court proceedings when they are high profile cases that garner a great deal of media attention; some that many are familiar with include Amy Fisher, Casey Anthony and, certainly, the O.J. Simpson trial. Another case that became the center of media attention is the trial of Jodi Arias. Jodi Arias is a 32-year-old woman who is currently serving a life sentence, without the ...

The Defendant

The defendant in the case of comedian George Wallace vs. Bellagio Hotel is the latter, which is a world-renowned hotel and casino owned and operated by the MGM Mirage Hotels and Casinos. Bellagio Hotel is located along the famous Las Vegas strip in Paradise, Nevada. Furthermore, the description of the hotel incorporates luxury and its grand ballroom and event center is where shows and performances both public and private gatherings are being held. In the hotel is where the unfortunate event occurred involving the comedian George Wallace, which was according to the accounts of the case the comedian, suffered ...

In this July 2013 trial, George Zimmerman stood accused of the second-degree murder of teenager Trayvon Martin. Zimmerman had shot Martin in February 2012 after a confrontation between the two in Sanford, Florida. From the beginning, Zimmerman defense team did not deny that he had shot Martin but rather that he shot Martin in self-defense (Linder, 2014). Claiming self-defense is one of the fundamental principles of exculpation in criminal law. The theory underlying exculpation holds that in some situations although a person has otherwise acted criminally, their actions are justified and therefore should not be subject to punishment. In ...

Introduction to Law

Issue 1: Whether Glen’s reckless driving constitute negligence A prima facie case of negligence involves a harm (physical, economic, or emotional distress) that is a direct result (causation) of a defendant’s careless conduct. Negligence involves a three-pronged analysis of defendants conduct: 1) breach of a duty of care that runs afoul of a reasonably prudent person in similar circumstances 2) plaintiff injury that is direct result of this breach; and 3) whether injury to plaintiff was foreseeable consequence of this breach. For purposes of Negligence it does not matter if defendant had intent to injure plaintiff. Here, ...

Homework Assignment #2

1. What are the essential responsibilities of a trial judge? The essential responsibilities of a trial judge are to safeguard public interests and the rights of the accused, treat each case individually, be sensitive to and respectful of all participants of the criminal trial. 2. Why have several states eliminated the requirement of unanimity in jury trials? The First Congress eliminated the requirement of unanimity in jury trials. The Court concluded that this requirement used to be the common expectation. 3. a. Name the three (3) critical roles a lawyer serves in society.

3.b. Why have many lawyers and ...

My work is devoted to the book “Missoula: Rape and the Justice System in a College Town” by Jon Krakauer. It is devoted to the series of sexual rapes which happened at the University of Montana, in the town of Missoula. Missoula is an ordinary college town, which has a state university with its own football team, the Grizzlies. Between years 2008 and 2012 there were over 300 sexual assaults reported to the local police station. Most of these cases were settled by the university or local authority. The author of the book examines several cases more deeply and ...

Introduction

According to Baker, the American justice system is in need of an evolution, which will bring the courtroom into the 21st century. Baker was speaking about the use of technology within the courtroom, but the availability of DNA has made it quite clear the American justice system needs to look forward to the future and consider all possibilities to improve the system as a whole. This paper will discuss the use of DNA in American justice system helped investigators to detect crime in a way easier than in the past.

History

DNA is more formally referred to as deoxyribonucleic acid, ...

As a doctor and a professional, Dr. Bauer cannot proceed as suggested in the scenario. The medical ethics and professional responsibilities that she is obligated to comply with would, necessitate that she, at least, inform the defense attorney of the extent of her thoughts and considerations in regards to her analysis of the case and her hiring of as a consultant for jury selection. Most importantly, however, is that her professional responsibilities should stop her from secretly acting in opposition to the defense attorney’s strategy and theory of the case without first informing him of her concerns. If ...

Abstract

The current paper provides a detailed and exhaustive analysis of the contemporary ethical problem that has more than significant social and legal consequences. In particular, the respective paragraphs of the current study are discussing the theoretical and practical perspectives concerning the crimes against women in their most casual and the most underreported form – the acts of violence by their intimate partners. For this particular purpose, the current International, European and American legislature concerning the acts of violence against women have been offered by the beginning of the paper along with the brief insight to the background information that is ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Capital punishment or the death penalty is one of the most contentious types of punishments in the United States of America. It is the type of punishment that puts to death an individual who is found guilty of a crime as a result of a legal trial. The implementation of the death penalty dates back to the 1600s but has undergone many reforms thereafter. The discharge of the death penalty is very uncommon because it is usually applied for crimes of aggravated murder. Because the public views the death penalty as too harsh, immoral, and inhumane, it has been ...

A jury is a group of randomly selected adults from the community to participate in the criminal justice process as jurors. The first step is to elect members to serve as jurors for a specified time. In the selection of the jurors, the jury commissioners use a list of designated people either by voter register or any other accepted criteria and ensures that the selected people reflect the diversity inherent in the community. All people over eighteen years have an equal chance to join the Jury services (“The answer book for jury service,” n.d.). For a felony, the jury ...