The Judge then handed the floor to the plaintiff attorney Richard Whitley introduced himself and his client which was named Michelle Moore. The defendant name was Joshua Muniz. He stated that the case was a motor vehicle accident and had already been trialed at a criminal court, which Defendant Muniz had plead guilty and was on probation and has severed community service for committing the crime. Moore was now suing for Punitive damages and mental anguish for damages that were occurred during the accident.…
Jurors are easily distracted and tend to stray from listening to a large amount of auditory information. Lawyers are increasing their use of visual evidence in trials. They can hire a professional to create an example of what happened at the scene or they can show actual footage of the crime. Either way, they are catering to jurors’ need to be entertained. Although this is a more interesting way to display evidence, it can be over presented by turning every bit of evidence into visuals.…
“Trial Lawyers to Jurors’ Demands for Visual Evidence” states “Carney, a former prosecutor, noticed over a decade ago that juries weren’t grasping evidence in criminal cases and his office wasn’t…
Democratic societies like Canada and the United States follow the unwritten and underlying principle of “rule of law”. The rule of law ensure that a certain level of procedural justice are achieved in trials, as they provide the court with a basic grid of evaluation. However, such procedural processes were not respected in the Bryant-Milam trial, as the the two social categories of race and social class tarnished the processes of the trial, fostering impartial judicial proceedings and ultimately disallowing justice. The trials ability in achieving justice was deterred as occupational status and race contaminated and fostered impartiality amongst the jury, the witnesses and the provided evidence; three of the fundamental components of a judicial proceedings.…
The Jury System by Kenneth Jost Are major changes needed? Should peremptory challenges be abolished? 1. What is at issue? What is the claim behind this issue?…
The Secret Power of Jury Nullification Response In the Podcast “The Life of the Law, Episode 1, The Secret Power of Jury Nullification”, Shannon Heffernan explains the often overlook power of jury nullification in the U.S. court system. She defines nullification as, when a jury is convinced that a defendant is guilty but find the defendant innocent anyway. Heffernan provides examples of cases throughout history that aid the idea that nullification among juries can potentially benefit courtroom justice. She also weights its negative effects that cause potentially major injustices in courtrooms.…
In today’s trial cases, lawyers are itching for any type of visual evidence that will defend their side. As jurors spend long hours listening to arguments and orders, visual evidence is a great way to keep them engaged. Any type of visual evidence make “their side of the story” more illustrated and personal. Brain Carney, a former prosecutor, said that every legal case can be turned into a visual story.…
Prior to the mock jury activity in class, I did not know or understand much about the judicial or trial process. In this paper, I will just summarize the trial, my thoughts on the jury process and if I think justice is achieved through these systems. I have been in a court situation before where I have needed to testify, so I understand a bit more about the trial system than someone who hasn’t experienced it. The mock trial was a very engaging and helpful activity where I was able to more fully understand what happens in a trial. I was able to put myself in the juror’s shoes and to feel how tough of a decision it is because someone’s life is in your hands.…
On November 22, 2016, I sat in courtroom 507 of the Fresno County Superior Court, under the Honorable Judge Timothy Kams. Judge Kams was conducting a jury selection for a jury trial dealing with a felony DUI case. During the jury selection, I witnessed a Venire. A venire or jury pool, is a master list or jury list, from which a petit panel is selected, typically is based on names drawn from voter registration lists or lists of licensed drivers over eighteen years of age (Lippmann, 2014, p.518). I also witnessed a Voir Dire.…
“May it please the court, your honor, opposing council, members of the jury - an impossible burden means an impossible conviction,” Sophomore Lora Randa said to a crowd of people gathered in a courtroom in Eau Claire on Feb. 11. Tension and competition filled the room as she continued to tell the story of an innocent girl being accused of first degree reckless homicide. Randa is a dedicated member of the school’s Mock Trial team and is the attorney that closes the case for the defence.…
A fundamental aspect of the American justice system is the right of every person accused of a crime, to a trial by jury. The defendant, presumed ‘innocent until proven guilty’, has the right to be judged by a group of his or her peers based on the evidence presented, the assumption being that the defendant will be judged in a fair and impartial manner. However, human beings are fallible and can be subject to faulty reasoning, alongside irrational and biased thinking. The play Twelve Angry Men, by Reginald Rose is set in a mid twentieth century American jury room. Twelve strangers, all male, are brought together to deliberate the facts of a seemingly straightforward case, a young man accused of murdering his father; their decision, which must be unanimous, will either take, or save a young mans life.…
Plato's - The Apology Trials have been around for centuries, which are for the accused to be able to defend oneself from the accusations that are set upon him. An important trial was during 399 B.C which was for the man named Socrates, he was on trial for ancient accusations, impiety, for as well as the corruption of youth of Athens. Socrates had three accusers, the name of the three accusers are Anytus, Meletus, and Lycon. He starts defending himself from the new accusations first, then continues to finish with the ancient one. He then continues to talk about his sentence, including what his punishment should be.…
Inside the house of Reverend Samuel Paris in 1692 started the very beginning of the Salem Witch Trials. A small group of young girls were having fun with their friends and performing “fortune-telling” and “little sorceries” practices. The actions of these girls were all in good fun until one day their games were presented to the general public in which everyone feared the worst. These rumors spread around the town frantically and little did the girls know they were in grave danger. This tale of black magic involved very strange behaviors such as fits of screaming, convulsions, and barking.…
Although verging on the progressive, Richard II presents a rudimentary version of this procedure when Bolingbroke listens to testimony regarding the death of the Duke of Glouster. This trial, like that of treason, was considered a criminal offence and, therefore, scholar J.H. Barker would posit that a petty jury was warranted based upon a breach of the king's peace as he writes, "[t]he classical form of the 'petty jury' appeared first in criminal suits, where its use was warranted by the complaint of a breach of kings peace" (73). During this trial, Bolingbroke hears the testimony from Bagot, who accuses the Duke of Aumerle of conspiring to kill the Duke of Glauster. Both men throw down their gages and, once again, a trial by combat arises…
From declaring their undying love in court to murder after a second trial a few short days later, Desdemona and Othello are redefining love and how quickly it can change. Through two different trial scenes, Shakespeare’s Othello demonstrates the changes in Othello and Desdemona’s love by employing the shifts in who portrays the judge, the reason for each trial, and even though the situations have greatly changed what the similarities are between each trial. Because the judge of a trial or court case should have an open mind and not be personally involved in the case, the Duke is the ideal judge during the first trial scene. During the first trial Desdemona and Othello must declare their love for each other in front of the Duke and Desdemona’s…