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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…
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
The district appeals court does not hear a case in its entritiy, rather the justices review the case file and lawyer's arguments and hear a short in-person argument to ask questions and make a decision. This appeal is an appeal by right according to the Constitution, and anyone who appeals to their district's court of appeals will have their case reviewed. Here, the appeals courts in all five cases,
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
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
Another example of an exception to the Miranda Rule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspect is speaking with an undercover police officer and incriminating information is given to the undercover police (2003). Essentially speaking, Miranda Rights are not necessary when a criminal
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various stages are handled and the possibilities of all the outcomes examined. The paper is chronologically organized in order to provide an analysis of how the constitutional protection for
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