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...
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should
Does the criminal justice system discriminate? Provide support your position with reference to the various components of the process, and give an explanation for either why the system discriminates, or why it appears to discriminate. Yes, the criminal justice system discriminates. African-American males are overrepresented in every part of the criminal process, though there has been no good evidence to show that they actually engage in criminal behavior at rates
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