Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect is advised and made aware that he or she may freely terminate the conversation and/or request to be represented by legal counsel; this means that the voluntariness element of confessions applies throughout the entire process and not just to the initial agreement to talk to police.
Eighth Amendment Protections against Excessive Bail
The purpose of bail is to guarantee that criminal defendants formally charged with a crime will appear for their court date. Generally, bail is determined according...
Bail is not necessarily always required and is within the discretion of the presiding judge to set bail at an appropriate amount or to release the defendant on his or her own recognizance without any bail. In situations involving very serious crimes, defendants who pose a flight risk, or defendants who might pose a threat to third parties such as potential witnesses, criminal adversaries, or the general public may be denied bail. Generally, "excessive bail" refers to bail set in an amount that is disproportionately high in relation to the ordinary factors (i.e. The seriousness of the crime and risk of flight) without specific justification.
For example, there is currently a case in Florida were a 50-year-old woman shot and killed her teenage son and daughter. She said she did it because they were "mouthy" to her and she was tired of it. There is no word yet on whether she will plead insanity, but there is evidence that she purchased a gun days before the shooting occurred (Brennan, 2011). That could block her
Judicial Process The 6th Amendment Confrontation Clause exists to protect the right of a defendant to confront those who are testifying against him or her. This means that the defendant has the right to face those making the accusations in a court of law (Revolutuionary War and Beyond, 2011). There are two main purposes to the Confrontation Clause. The defendant receives protection from statements made outside the court that can be
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process? Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements between two different parties. In the contemporary, ADR has come to be extensive and espoused by numerous states and expanses in the United States. Notably, in recent times, a number of courts have
Judicial System Overview of the Civil Justice System and Its Administration Since the creation of the United States Constitution, there has been a clear distinction between the three branches of government. The third branch, the Judiciary, exists for two purposes: to determine justice according to the current laws and policies and to eliminate any legislation that is in violation of the Constitution. As with the other two branches, the Supreme Court has
Judicial precedent basically means the process with which judges follow previously decided cases whose fact are of adequate similarity. As a practice of the court, the doctrine of judicial precedent provides direction to judges when they are applying case precedents. Moreover, this practice provides clarity, certainty and consistency in the application of case precedents by judges. In practice, judicial precedent is used as a source for future decision making since
jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether these be criminal or civil. Special jurisdiction is held only over specialized cases. The federal court system consists of a variety of different hierarchies in which