Jury trial

The adversarial system that is used in Australia is said to be more concerned with resolving disputes than in discovering the truth. The adversarial system is commonly compared to the inquisitorial system used by our European counter-parts, and each has their own advantages and disadvantages. The adversarial system seeks the truth through opposing adversaries competing by putting their version of the truth forward via means of evidence, witnesses and arguments that they have prepared…

A trial gives the prosecution and the defence an equal opportunity to present their evidence. The judge decides whether the evidence proves beyond a reasonable doubt that the accused is guilty of any or all of the charges. A basic principle of Canada's justice system is that the accused is innocent until proven guilty. The trial begins with the prosecutor presenting the evidence against the accused. This is done by calling witnesses and introducing materials as evidence to support the charges.…

Amendments prohibit law enforcement or the government from caring on irrational searches and seizures, hinder law enforcement from forcing an individual to self-incriminate themselves in a case and guarantees an adult the right to a prompt trial by an unbiased jury. In contrast, juveniles are given some of the safeguards that entail the Fourth, Fifth and Sixth Amendment. This because the juvenile justice system is conducted in a more paternal and diagnostic manner. The Fourth Amendment Through…

Richard’s case is completely sensitive, anything that can be connected to his trial would be extremely important. So in order to make his legal process with a jury, Richard would have to make great life important decisions. We would need to find facts in which can direct the judge to not incarcerate him at all or just for a short period of time. This would be better than having Richard go through a bench trial. It’s not such a good option to for a judge to make the full decision because that…

of Crimes (suspicion, arrest, and trial: legal counsel) There are legal protections that were created in order to preserve the rights of individuals. The most important one is the procedural due process which can be interpreted as “[a] term [that] refers primarily to procedures that authorities must follow before a person can lawfully be punished for an offence” (Patterson, 2015 p.122). This process has considerably strengthened the probability of a fair trial by offering protection to a…

My day started with going to Judge Lippitt’s courtroom. The trial had already started, the defendant’s councilor was doing his opening statement. He was in the middle of telling everyone in the courtroom that this case was about, disagreement on how much bone was removed. Further, calming that the judgment call was on the surgeon who actually saw joint and arthritis. A doctor was brought up, saying that he wanted the least invasive first for the patient, but then it got to the more invasive…

Petitioner also challenged the logic of the government’s argument that the jury instruction constituted plain error. For Petitioner, if the error was so egregious, the government should have objected at trial. Indeed, in other contexts, appellate courts applied the plain error doctrine to legal questions that were contested at the underlying trial, not in situations where there was no objection, and therefore no dispute, between the parties. In support of this argument, Petitioner analogized to…

false perception of what occurs in state and federal courtrooms in the United States. However, such a viewpoint is not always negative, for average citizens and some lawyers, there may be a guilty pleasure in watching orchestrated trials. Orchestrated trials like real trials are as much about look and feel as they are about facts. It is not the facts alone, but how they are presented to the jurors that determine the outcome of a court case. To prevail, litigators must motivate, educate, and…

Simpson was found not guilty of murder after a criminal trial by a Jury of 12 people. In our society we accept the court system which was set up by our constitution and the outcomes of the criminal trials that come from our court systems. The level of proof for a conviction in our criminal court system is “beyond a reasonable doubt” which is the highest standard of proof. The Jury takes an oath that it will listen to all of the evidence during the trial and without bias will examine the evidence…

Juries The jury system has been a part of our society for hundreds of years. It was first created to give all defendants that option to be judged by their peers for their charges instead of by solely a judge. This provides an excellent opportunity to those who feel that their peers can give them a verdict that is not decided by the professional judge. However, this means that there may also be a prodigious amount of room for mistake in convictions. Therefore, the jury system is not as…