Grand jury

to consider when taking on a case which include: his moral obligation to the general public, as well as his contractual agreements with the client, and with his job. Consider the following: A grown man hires a highly esteemed lawyer to convince a jury to find him “not guilty” in court when he is accused of murder. The lawyer successfully defends the man until the trial has reached its final stages and things have reached a standstill. The lawyer has found a technicality that…

and violent posts about his ex-wife. Elonis was fired from his job. He continued to make threats to kill his ex-wife over his fake Facebook. After his ex-wife saw the posts, she feared for her life. Procedural History: Elonis was indicted by a grand jury for making threats to injure multiple people including his ex-wife.…

There are forms that take place in as many non-death penalty cases as they do in death penalty cases: racial bias in regards to jury selection, eliciting information that was or should have been excluded, and a failure to reveal exculpatory evidence (Minsker, 2009). However, there are some forms of misconduct which are more likely to appear in death penalty cases. They are the…

facility will be seen by a judge within 48 hours or let go on bail. There will be a preliminary hearing to have a judge decide if there is enough evidence to go to trial, or the adult may waive the preliminary hearing. Next the case is given to a grand juror for them to decide if there should be a trial or not. If the case does move forward there will be an arraignment hearing which allows the adult to enter a plea of not guilty, guilty, or no contest. A guilty plea will result in allowing…

planning as well as the commission of the crime. Unfortunately, he denied having any personally committed the killing but was in fact perpetrated by his companion. His defense counsel admitted that his client was guilty at the trial, but explained to the jury that they should find him guilty but they should not impose the death penalty because of his lesser culpability. Prior to the trial, Brady’s attorney ask for access to all of the accomplice’s statements to the police which, most of them…

Assignment Two: State Court Survey In Arizona, the majority of cities and towns have a municipal court which is sometimes also called city or magistrate court. This court hears misdemeanor and petty offense violations within their town or city. City or town magistrates preside over some criminal and civil traffic cases. Criminal traffic cases with no serious injuries and civil traffic cases that involve violations of city ordinances. They have the ability to issue Orders of Protection and…

According to the site USLegal “Witherspoon v. Illinois (391 U. S. 510), the Supreme Court maintained that a potential juror’s reservations about the death penalty were insufficient grounds to prevent that person from serving on the jury in a death penalty case. Jurors could be disqualified only if prosecutors could show that their attitudes toward capital punishment would prevent them from making an impartial decision about the punishment.” This is an example of one of many times that people…

Worrall the United State V. Wade (388 U.S.2189 (1967)) “The presence of counsel is necessary to preserve the defendant’s basic right to a fair trial”. (Worrall, 2012). Someone that have already been charged may have the right to counsel before a grand jury proceedings but the fifth Amendment can off set the protection and refuse to…

There are five periods of juvenile justice history. They include the colonial period, refuge period, juvenile court period, juvenile rights period, and crime control period. The colonial period lasted from 1600s to 1800s. During the colonial American period, two influences remained constant: the authority of the parent and the role of religion. Parents continued to be given wide latitude in dealing with their children, whether through abusive or other means. An example of this can be found in…

Tennessee law allows eligible persons the ability to have criminal records expunged under certain conditions (Guide to Expungement in Tennessee, n.d.). These conditions include the following: • Dismissal of charges • Returned as “no true bill” by a grand jury • Arrest and release without having been charged • Trail resulting in a not guilty verdict • Case resulting in nolle prosequi • Cases where an order of protection was successfully defended and denied by a court following a hearing (Guide…