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The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder.
Q4. State and explain the two (2) types of immunity that might be offered to an individual when that individual is compelled to testify before a Grand Jury.
Two types of immunity that exist are use and transactional immunity. Immunity is conferred to protect the witness from being indicted and thus protected from testifying based upon the witnesses' Fifth Amendment right to not incriminate him or herself. "The states grant either form of this immunity, while the federal government grants only use immunity. A witness with use immunity may still be prosecuted, but only based on evidence not gathered from the protected testimony" (Use immunity, 2011, Legal Dictionary). Use immunity prohibits the witness's testimony from being used against that witness in any kind of criminal prosecution. In contrast, transactional immunity merely prohibits the witnesses' compelled testimony from being used against him or her for that particular crime, not for all offenses. "The difference between transactional and use immunity is that transactional immunity protects the witness from prosecution for the offense or offenses involved, whereas use immunity only protects the witness against the government's use of his or her immunized testimony in a prosecution of the witness -- except in a subsequent prosecution for perjury or giving a false statement" (Transactional immunity distinguished, 2011, Criminal Resource Manual).
Q5. State and explain the grounds upon which a defendant might make a motion for a change of venue of his or her trial.
In most instances, the appropriate venue of criminal trials is deemed to be the district or county in which the crime was committed; in civil trials, the most appropriate venue is considered to be "the county or district where important events related to the case took place, such as the signing or performance of a contract or the accident or other incident that led to a personal injury case" (Change of venue, 2011, Nolo). Changes of venue may be granted "for the...
In high-profile cases, where it can be difficult to find jurors who do not have preconceived notions about the guilt or innocence of the suspect, changes of venue may be granted in the interests of justice. Defendants usually request a change of venue in notorious crimes, while prosecutors will sometimes oppose an appeal for a change of venue if they feel it will limit their ability to effectively try the case -- for example, in the case of a defendant accused of a hate crime, the prosecutor might oppose the defense lawyer's attempt to change the venue to a largely all-white district.
References
Change of venue. (2011). Civil Resource Manual. Retrieved September 28, 2011 at http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00042.htm
Exclusionary rule. (2011). Cornell University. Retrieved September 28, 2011 at http://www.law.cornell.edu/wex/exclusionary_rule
How can I find out what the bail amounts are for the county of San Bernardino? (2011). San
Bernardino Bail Bond Amounts. Retrieved September 28, 2011 at http://bailbondinformationcenter.com/San-Bernardino.php
Retrieved September 28, 2011 at http://www.cato.org/pubs/pas/pa-319es.html
Probable cause, reasonable suspicion, and reasonableness. (2006). Senate Select Committee on Intelligence Retrieved September 28, 2011 at http://www.fas.org/sgp/crs/intel/m013006.pdf
Reasonable suspicion. (2011). Cornell University. Retrieved September 28, 2011 at http://www.law.cornell.edu/wex/reasonable_suspicion
Retrieved September 28, 2011 at http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00717.htm
Venue definition. (2011). Nolo. http://www.nolo.com/dictionary/venue-term.html
Use immunity. (2001). Legal dictionary. Retrieved September 28, 2011 at http://research.lawyers.com/glossary/use-immunity.html
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