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Judicial Process Discussion Chapter

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 used against him or her, where there is no opportunity to test or challenge these statements. The second purpose is that the Clause provides the defendant the opportunity to determine the truth of the statements against him or her by means of cross-examination.

In this way, the defendant is also protected from hearsay, where a statement is alleged to have been heard outside of the court, without any witnesses to verify it. In my understanding, this clause therefore means that a defendant must be present when he or she is accused of a crime, and that this witness should be able to defend him- or herself against such accusations. This is a fundamental right within...

This is because a criminal conviction has serious consequences, and testimony should therefore be received and confronted in a more immediate way.
Statements by witnesses who are no longer available, such as witnesses who died or moved away, are allowed only when the prosecutor has made every effort to find the witness for an appearance in the court.

In the United States, plea bargaining means that the terms of convictions are being negotiated. According to the Encyclopedia for Everyday Law (2011), more than 90% of criminal convictions are the result of plea bargaining. This is a critical process, since the main advantage of plea bargaining is that overcrowded dockets can be alleviated somewhat by entering fewer cases into trial. The cases that do go to trial can then receive more attention and be handled with greater care. Another…

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References

Everyday Law Library (2011). Plea Bargaining. Enotes. Retrieved from: http://www.enotes.com/everyday-law-encyclopedia/plea-bargaining

The 'Lectric Law Library (2011). Privileged Communication. Retrieved from: http://www.lectlaw.com/def2/p084.htm

Legal Information Institute. (2011). Sixth Amendment Rights of accused in Criminal Prosecutions: Confrontation. Retrieved from: http://www.law.cornell.edu/anncon/html/amdt6frag6_user.html

Revolutionary War and Beyond (2011). Confrontation Clause. Retrieved from: http://www.revolutionary-war-and-beyond.com/confrontation-clause.html
Rosenthal, J.R. (2011). The Role of Prosecutor and Criminal Defense Attorney. Avvo. Retrieved from: http://www.avvo.com/legal-guides/ugc/the-role-of-a-prosecutor-and-criminal-defense-attorney
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