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...
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now