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Moreover, because of the secrecy surrounding the grand jury system, there is a very real concern that a defendant may not have the opportunity to actually confront his accusers. While improper evidence may not come in at trial, it is a fallacy to assume that simply protecting someone from conviction is protecting him or her from all of the possible negative effects of an improper indictment. The very real time, expense, and risk of trial means that even an actually innocent person who is indicted may consider a plea bargain rather than face the risk of trial.
While there is some merit to the idea that grand juries listen to prosecutors, individual grand juries behave in different manners. Some of them simply act as rubber stamps for prosecutors, while other grand juries more carefully consider the charges before them. However, the secrecy surrounding...
Therefore, while the criticism may not appropriately apply to every grand jury, there certainly appears to be merit in the criticism.
Trial Continuances
1. There are a number of reasons that a defendant may seek several continuances. First, the defense may need more time to investigate the crime, seek out its witnesses, and generally prepare a defense. This is particularly true if the defense will be an affirmative one, which requires the defendant to bear the burden of proof. Second, the more continuances the defense seeks, the less likely it is that the state will be able to produce all of its witnesses, which weakens the case against the state. Finally, public outrage against the alleged crime lessens over time, so that a defendant who
Grand Jury: Needed or Not? The United States is the only common law jurisdiction in the world that still uses the grand jury for purposes of screening criminal indictments. The grand jury issues an indictment for crime only if based on the evidence that has been presented it finds that there is a probable cause for one to believe that a crime has been committed by the suspect .this is unlike
Another difference between the American juror system and the Venuzuela escabino system is the number of participants. In the American juror system there are 12 jurors seated with several alternatives on the ready. This means if one of the chosen jurors cannot serve completely through to the end then one of the alternatives will step in and take that jurors place. As an alternative the juror is expected to listen
The effect is that exclusion is not only applied to those who would hurt the government but also to those that would uphold the same. The Patriot Act provides facilitation of shared information as well as cooperation between agencies of the government in order for all the pieces of the puzzle to fit together. The Act moves aside the barriers that have Constitutionally speaking prevented the police, intelligence as well
Special Duties of Prosecutors One of the major differentiating aspects of the United States of America is the fact that if arrested, you are innocent until proven guilty. This is a rare concept among legal systems. Most countries deem the suspect guilty until proven innocent. In the United States, it is the duty of the Prosecutor to find the defendant guilty, while the defense attorney is solely responsible for upholding his
4. Identify what issues the judge would take into consideration when setting bond for John Judges consider a number of factors as well as issue prior to setting bail. These factors include but they are not limited to the severity of the offense committed, John's ties to the community, his criminal record as well the probability of his absconding. The fact that John does not have any prior arrests could work
Moreover, not all states have shield laws. The states that do have such laws are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, and the District of Columbia. Each of these states defines and applies a journalist's privilege differently.