Defendant College Essays Samples For Students

Plea/Verdict: Not guilty by reason of insanity/Guilty but insane (GBI)

Total Days in Jail: 248
Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d), felony murder; punishable by death, by imprisonment for life without parole, or by imprisonment for life. O.C.G.A. § 16-5-21 (c), aggravated assault upon a peace officer while the peace officer is engaged in his or her official duties; punishable by imprisonment for not less than five nor more than 20 years. O.C.G.A. § 16-5-40 (b), kidnapping, victim received bodily injury; punishable by life imprisonment or by death. O.C.G.A. § 17-10-6.1, kidnapping ...

Introduction

Negligence refers to the act of perfuming an activity that can not be done by any reasonable person or doing the reverse to cause pain to another person. This is definitely a violation of one’s right and hence a legal action should be taken for such a person (McDonald, B., 2007). As a branch of civil law called tort, a case may qualify to be regarded as negligence if an incident involves more than just careless conduct, and involves a combination of the concepts of duty and breach of a well established law. These are some of the grounds upon which a case can be based ...

As a matter of fact and law, it is indeed true that to successfully bring a claim in negligence, the claimant has to prove on a balance of probabilities the existence of a duty of care, breach of that duty by the defendant and a resultant loss, harm or injury to them. This is known as "the three-part test" for negligence. In addition to these essential elements of the tort of negligence, no defenses should be applicable if a claim is to succeed. However, successfully proving the existence of these elements and getting remedies from courts is not a ...

Plea Bargaining in American Society

Introduction
Plea bargaining plays a very significant role in the American criminal justice system. It is estimated that approximately 90% of all criminal cases are settled by plea bargain rather than trial by a jury as guaranteed by the Sixth Amendment to the United State Constitution. Throughout this paper, I will discuss what a plea bargain is, benefits of plea bargains, disadvantages of plea bargains, the role of the victim in the plea bargaining process, and recent developments in plea bargaining.

What is Plea Bargaining?

In the American court system, a plea bargain is an agreement between the prosecutor and the defendant in a criminal case in ...

Law

1a.) The four main components of a contract are: offer, acceptance, consideration and intention of legal consequences. The offer is considered complete if it states in definite terms of the agreement and it must be communicated to the offeree. The offer should not only include any estimation, manifestations of interest, requests for proposals or letters of intent. The offer is different from an invitation to treat such as advertisements and shop displays where the invitation to treat is inviting an offer to be made (Richards, 2009). In this given case, the offer was made through an advertisement in several newspapers ...

Plea/Verdict: Not guilty by reason of insanity/Guilty but insane

Present Offences: The defendant has been found guilty of felony murder, aggravated assault, kidnapping, burglary, and possession of Schedule I drugs.
Penalty Range: O.C.G.A. § 16-5-1 (d) states that, “A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.”

Circumstances of Offenses

The defendant was found guilty of kidnapping Ms. Uma Opee and stabbing her 13 times until she bled to death, a felony murder. At the time of his arrest, the defendant was extremely agitated and irrational, and he assaulted the arresting officers, yelling, “I am God, let ...

In the 1957 film 12 Angry Men, a group of jurors is surprised to discover that one juror does not immediately wish to convict a young man accused of murdering his father. The lone dissenting juror pleads and argues with the other jurors over the course of their deliberations, using a variety of persuasive techniques to instill some sense of doubt about the guilt of the accused. As other jurors began to have their own doubts, they join in and provide both rational and emotional appeals to persuade the remaining jurors to change their minds. The interactions between the jurors reveal that ...

Introduction

There are some important fundamental differences between a criminal action and a civil action. One of the most ostensible differences is the nature of the cause of action underlying the suit. As its name denotes, a criminal action is derived from a past crime that has been committed. A civil action, on the other hand, does not involve a crime, but rather a private wrong to an individual or group of individuals. Another key distinction between criminal and civil action is the parties bringing the suit. In a criminal action, the prosecution represents the people and presents the case ...

- Courtroom observation and interviews
a. Names of the participants:

Presiding judge name: Thomas J. Qummin

Defendant: Gary Burk, charged for selling illegal drugs
Attorney for the defendant: Keeth Colemen
b. Date(s) and time(s) of observation(s); 04/18/2013; 02:30pm
c. Location of observation and type of jurisdiction; Location: Greeley, CO court.
d. Courtroom: 15; Case Number: 12CR2024;
e. Facts and activities observed
During today’s hearing, the courtroom was silent as the defendant or the accused walks into the court room together with his counsel Keeth Colemen. The state prosecutor arrived thereafter. After a few minutes, the ...

NAMEUNIVERSITY

Abstract
The aim of this essay is to work on a case of the mentally ill person, Mr. Fryer who was diagnosed with paranoid schizophrenia and was living on the streets. Mr. Fryer committed a violent murder while being mentally unstable. In this essay I will highlight the consequences of the case and work on it as the defense for the Mr. Fryer. I will choose my way of actions and explain the logic behind them as well as providing clarification of aggravating and mitigating circumstances of the crime, addressing the issue as a forensic psychology professional and explaining ...

Malpractice actions can only proceed once basic requirements contained T.C.A. § 29-26-115 has been met. Firstly, the burden of prove is upon the claimant to provide the standard of professional practice within the community which defendant practices. As a claimant, therefore, prove that I am well vast with the standards of professional practices that should have upheld at the time when the injury was committed. I will also prove that defendant failed to act with reasonable in light of the aforementioned professional standard. It will also be important for me to prove that defendant acted with less care than what ...

Re: Prosecutorial Disclosure of Evidence to Defense Counsel

Beginning in the 1960s, the Supreme Court heard a number of cases that transformed the world of criminal procedure. The common theme running through all of these cases is that the Court began to focus on balancing the defendant’s rights against that of the government in a criminal proceeding. One of the areas that were specifically addressed was whether the Constitution required the Prosecutor to disclose evidence that tends to be advantageous to the defense. While the Prosecutor and the defense are adversaries in a criminal court of law, the Supreme Court maintains that under some circumstances, the ...

In the Trayvon Martin’s case, George Zimmerman shot 17 year-old Martin, an African American high school student. Zimmerman was the neighborhood watch coordinator for the gated community where the shooting took place and where Trayvon Martin was staying temporarily. The defendant, Zimmerman, was charged with second-degree murder and manslaughter. According to the Florida Law, the element for second degree murder charge, is that the state have to show that the defendant intended to kill the victim, whereas in the charge of manslaughter, it is not necessary for the state to prove that Zimmerman intended to kill the victim ...

A plea bargaining is an agreement reached upon by a prosecutor and defendant in a criminal case where a defendant pleads guilty to a particular charge for some concession from the prosecutor. It can also be understood as the defendant pleading guilty to one of several charges or to a less serious charge, in return for the dismissing of other charges. A plea bargain is advantageous as it allows both parties to avoid long criminal trial and makes criminal defendants avoid the risk of being convicted on a more serious charge (Packer, 1968). Plea bargaining, however, has been criticized for its close relation with threats, ...

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Issues Regarding the US Constitution’s Fifth Amendment

This law protects the person from incriminating himself to a crime, from possible improper methods to be used by law enforcement either through deceit, coercion or threats (Snitker). By encouraging silence in the face of the need for legal defense, this law wisely leads the accused to seek legal assistance.

Protection to the Criminal Defendant

Self-preservation is a natural right of any person and he may abuse this right by unknowingly withholding cooperation in judicial processes against crime. Excessive protection can be treated with reasonable approaches by law enforcement so that the Fifth will not overly and inappropriately protect defendants.

Custodial Interrogation

The ...

Introduction

The research that was conducted was aimed at checking the effect of defendant facial expression on mock juror decision-making especially the power of remorse. Researchers had an interest in the facial expression of the defendant and this led them to experimentally manipulate the exhibit of remorse and anger in the defendant pictures so that they could assess the weight that could lead to decision making b y the mock jurors. The research discovered that, the defendants who were remorseful had more lenient verdicts when they were compared to those of an angry defendant. (Christian, 2001).

There was a major relationship between ...

Introduction

The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes ...

Involuntary Medication for Defendants and Prisoners

Involuntary Medication for Defendants and Prisoners
Involuntary medication occurs when an individual is subjected to a medical procedure or treatment against their will and without their consent (Roesch & Zapf, 2013). The majority of cases involving involuntary medication arise from psychiatric treatment that is normally administered to patients who do not have the capacity to consent to the treatment. The holding in Washington v. Harper, 494 U.S. 210 (1990) was that mentally ill are normally considered to be a threat to themselves and to other individuals who they may come in contact with thus necessitating the need for the treatment (Roesch & ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings.
The Fourth Amendment prohibits the ...

A defendant is innocent until proven guilty. The structure of the legal system and process in the United States is to place the burden of proof on the government. The government carries this burden of proof as to every element of the crime the defendant is charged with. In order for a criminal defendant to be found guilty, the prosecution must establish guilt beyond a reasonable doubt (In re Winship, 1970, p. 361). The reason for this high burden of proof is to guard against government abuse. Were the government not bound by any constraints, the respective positions of ...

In a criminal case, a defendant will often seek to plead the insanity defense. An insanity defense may be a particularly attractive option if the murder was especially egregious or heinous. But while pleading insanity can be a viable defense for certain defendants, courts of law do not accept insanity pleas from every defendant. In order for a defendant to pleas insanity successfully, the defendant must show that 1) the defendant did not know that what he did was wrong, and 2) that the defendant failed to act with the necessary mens rea requirement (Fradella, 2007, p. 9). These ...

Explain Whether Anybody In The Scenario Below May Have A Claim In The Tort Of Negligence

“Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” Per Alderson B. and Blyth V (1856).
In order to establish an understanding with regards to negligence it is very necessary to examine with clarity that whether the defendant is truly careless or ignorant when it comes to performing his duties. And at the same time did ...

Analysis of Negligence Liability Issues

Contemporary tort law is one of the most dynamically developing areas of legal science and practice nowadays, and the area of professional liability becomes one of the most intricate and the sophisticated legal issues therein (McBride, Bagshaw, 2008). The global economy becomes more and more complicated and specialized. As a result, the business people's reliance on professional advice services is growing heavier (Elliot & Quinn, 2007). Statistically, they global follow of consulting business grows on 13% rate annually, showing that more and more professional advisors enter the market, and therefore more business people become dependent on their professional services.
In ...

Identification Procedures Line Ups and Show Ups

Identification Procedures Line Ups and

Police lineups have been used for decades in criminal cases. The witnesses who seen the criminal can look at a line up and pick out the person he had seen when a crime was committed. This process has been used to help identify and charge an individual with a crime. A police lineup may involve real people or may be photographs of individuals. Usually, the lineups will have the person who committed the crime, and approximately five fill in people to choose from.
There is a process that needs to be followed when police ...

Facts: Gucci America, Inc., is a New York Corporation which headquarters are located in New York City. Gucci is engaged in manufacturing and distributing luxury goods: footwear, belts, sunglasses, wallets being sold worldwide. Gucci uses twenty-one federally registered trademarks.
Wang Huoqing, a resident of the People’s Republic of China, has been discovered by Gucci to operate numerous Web sites offering for sale products which illicitly bear Gucci’s trademarks. Gucci hired a private investigator in California to buy goods from Wang Huoqing Web sites. The investigator bought a wallet labeled Gucci which was counterfeit. After that, Gucci claimed Wang Huoqing.
...

Conviction of the defendant

The defendant can be convicted if found in possession of the drug paraphernalia. This is because the possession of the “crack pipe” is itself a violation of the act on Drug Paraphernalia Control Act (Gardner, & Anderson, 2012). Moreover, possession is regarded as an actus reus, which is criminal act based on omission when the law that demands an action of an individual is violated. As such, the defendant was in possession of the item, which is used in inhaling substances, which are controlled to human body. Further, the defendant was aware that the item in possession was the cracking ...

Legal Brief

Citation: Cupp v. Murphy 412 U.S. 291 (1973)
Merits: Defendant Daniel Murphy voluntarily appeared at the police station for an interview after being informed of the murder of his wife, who lived in a separate apartment. During the interview, detectives noticed blood on the defendant’s finger. Mrs. Murphy was suffocated and strangled, and the detectives suspected the defendant as the killer. The detectives asked Murphy if they could conduct a fingernail scrapings procedure. Mr. Murphy refused. The detectives proceeded to take the specimen forcibly, without a warrant. The analysis revealed blood and skin of his wife under his ...

The judges mainly rely on a various principles when interpreting the acts of parliament. These rules include:

- The literal rule.
- The golden rule.
- The mischief rule.

The literal rule

It is the cardinal rule of construction (interpretation) of statutes. In this rule, words must be given their ordinary, literal, grammatical meaning. The literal rule is the first rule to be used in establishing the intention of the legislature.
In many cases, the courts are normally required to interpret the meaning of a given piece of legislation to enable them apply facts to the cases that come before the judges. As such, the courts have continually developed a wide range of rules of interpretation to assist ...

The United States has one of the most complex and fascinating criminal justice systems in the world. The reason that the United States has such a unique criminal justice system, is that the founding fathers based their principles from superior legal frameworks around the world. For example, the founding fathers were known for looking to English, French, and other European Legal Frameworks, (The United States Constitution). Additionally, the founding fathers thought to their education of Roman Law and the laws of Ancient Greece, (The United States Constitution). For this reason, the United States has a unique array of principles ...

Introduction

In the American legal system, the rights afforded to a defendant who has been accused of a crime are fundamental and of paramount constitutional concern. The Framers were cognizant of the potential for government abuse and ensured that a criminal defendant’s rights were protected. The Sixth Amendment provides that in criminal proceedings, “the accused shall enjoy the right to a speedy and public trial, by an impartial jury” (U.S. Const. amend. VI). Thus, the Sixth Amendment safeguards the criminal defendant’s right to a speedy trial and guarantees that defendant is entitled to a trial by a jury ...

Competence can have different meanings. For example, according to Bursztajn & Brodsky, competence of a defendant is associated with his/her ability to perform a task. A person is presumed competent if there is no mental condition which can influence her/his understanding of consequences of some behavior and actions. At the same time, insanity (criminal responsibility), according to Bursztajn & Brodsky, is associated with some mental illness of defendant. On the basis of the presence of a mental condition a defendant can be excused for his/her misconduct (Bursztajn& Brodsky,1996).
Main questions which must be addressed when discussing competence of a defendant ...

Business Writing

Response to Case Study One
Mac should file the cases in the Colorado Federal Court. In the entire United States, trespass is guided by Tort Law, which provides rights to property owners to file Civil Suits in a Federal Court. The trespasser is usually required to pay or recover any damage that might have occurred. In the perspective of a Tort action, the plaintiff is usually required to provide proof that indeed the trespasser or the offender had intentionally violated their rights i.e. privacy rights et cetera.
In Colorado, offenses committed in the dimension of trespass are guided by ...

Part 1

Court
Southern District of Florida
Wikie D. Ferguson, Jr. United States

11-CV-22122 Lawrence V. MS & RE Kesef Corporation

Defendant
MS & RE Kesef Corp.
Plaintiff
Duke Lawrence
Mediator
Martin A. Soll
Judge
Patricia Seitz
Charges
Violation of Fair Labor Standards
Non-payment of minimum wage to the employee
Refusal to pay overtime payment
Retaliation against plaintiff
Forced to avoid legal proceedings
Brief Overview of case
Part 2
Trial Project
I have chosen the trial of Lawrence v. MS & RE Kesef Corp. for observation. The case was brought for trial on July 9, 2012. The case was presented in the court of Wilkie D. Ferguson, Jr. United States Courthouse. ...

CITATION: 18 Cal. 3d 660

FACTS:
A women brought action against a man whom which she lived with for approximately six years. Plaintiff alleged that she and the defendant entered into an oral agreement that the plaintiff would give up her career and become a housemaker and housekeeper. The plaintiff quit her job as an entertainer and singer in order to cook and clean for the defendant. In return, the defendant would provide all financial support to the plaintiff for the remainder of her life. Plaintiff alleged that the two would combine their efforts and earnings and share the property they acquired throughout their relationship ...

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

DIVISION FOUR
189 Cal.App.4th 1155 (2010)
117 Cal. Rptr. 3d 126

MICHAEL HOWE,

Plaintiff and Appellant.
vs.

SEVEN FORTY TWO COMPANY, INC.,

Defendant and Respondent.
Facts
On the 26th June 2008, the Plaintiff/Appellant, Michael Howe, suffered injuries when he fell off the ground after sitting on a counter stool at a restaurant owned by the Defendant/Respondent. Each of the seven counter stools in the restaurant was fastened to a metal base that was fixed onto a raiser that was fastened to the ground. Ever chair was fastened onto the metal base using three wood screws. The screws to the chair that the Plaintiff sat on ...

The “Son of Sam” Case

The Nature and Type of Defenses Used
The main type of defense that was used in this case is the insanity defense. The insanity defense is a common-law excusatory defense under which a defendant in a criminal case asks the court to excuse them from criminal responsibility for their conduct. According to Math, Kumar, and Moirangthem (2015), the insanity defense rides on the assumption that at the material time, the accused person was ailing from a mental illness making them incapable of differentiating right from wrong behavior or appreciating the nature of the crime. The test for establishing the ...

Part 1: Prosecutor’s Duty to Report

Although the American criminal law is based on the adversarial system where the prosecutor, representing the state, and the defense, representing the accused, engage in openly confrontational activities in order to persuade a neutral decision-maker of the truth of their story; the Supreme Court has held that under some circumstance, and despite the adversarial nature of the relationship, the prosecution must assist the defense in the preparation of their case.
The underlying reason for this counter-intuitive element of the adversarial system, is the traditional belief that the substantial power of the state, as expressed through its law enforcement and ...

Introduction

In a criminal trial, a defense team will introduce evidence and theories on the turn of events. The concept is to sell a reasonable story to the jury and save the client from conviction. This approach known as case defense strategies have two classifications. They are defense against an innocent person, and defense for a guilty client. The most popular of these strategies are sleepwalking and amnesia. Juries derive the verdict from expressed emotions and elements of evidence. Hence, defense attorneys often appeal to the emotional aspect of the jury. This paper will analyze two popular criminal cases involving ...

One of the hallmarks of the US criminal law is the extent of protections afforded to criminal defendants. While a large body of criminal procedure has been developed and refined through case law, the US Constitution lays the foundation for procedural protections that are guaranteed to a criminal defendant. Law enforcement at all levels are required to adhere to such protections and guarantees. The reason that such projections and safeguards are so important for a criminal defendant is to prevent the government from abusing its power. In most cases, a criminal defendant will have considerably fewer resources and means ...

Lawrence v. Fox.
Citation: 20 N.Y. 268; 1859 N.Y. LEXIS 192

Facts

The Plaintiff, Holly decided to loan the money to a person on the guarantee of the defendant, and therefore, the defendant is obligated to pay the amount because the contract that she helped create did not materialized as intended so she had to bear the costs of her actions. The defendant’s side however claimed that he does not have to do anything about the issue of nonpayment because he was not a direct and contributing party to the contract, and therefore , the motion against qualify as a wrongly developed ...

Background of the Titanic

The Titanic carried 2,227 people before the ship sank. The sinking of the ship can be attributed to the negligence of the captain of the ship. Before the occurrence of the instance, the titanic ship was warned six times of sea ice on 14 April but unfortunately, it travelled at a maximum speed towards the sighted iceberg. After it approached the region, the captain’s efforts did not work since titanic failed to turn quickly as it was required.
It was not until the captains of the ship realized that the ship was to starting to sink than ...

Woodill v. Parke Davis & Company

79 Ill.2d 26 (1980)
402 N.E.2d 194
ISSUE: The issue is whether or not the defendant is liable for failure to give warning of the potential danger that may be caused to the user of the product.
RULING: The Supreme Court held that in a failure to warn case, the important element that has to be proven is knowledge on the part of the defendant. Thus, the burden of proof that the defendant had known of the danger in using the product is shifted to the plaintiff.
ANALYSIS: In the case of spouses Woodill, the parents ...

The three components of the criminal justice system are the police department, the courts, and the department of corrections. The police maintain public order and investigate crimes, as well as protect the rights of fundamental rights and freedoms of individuals (Schmalleger, 2009). To accomplish these goals, the police department constantly patrols cities and arrests those suspected of committing a crime (Cole & Smith). The courts exist to formally charge individuals with a crime, hold trials to determine a defendant’s guilt or innocence, and to sentence those found guilty. The corrections department functions to carry out sentences imposed by the courts. (Schmalleger, 2009) ...

The criminal process after a person commits a crime begins with filing a formal complaint by a law enforcing officer or a civilian who believes a crime has been committed. This is followed by a pre-arrest investigation where a law enforcing officer looks for information about the accused and the crime. If the officer obtains reasonable grounds for arrest, the defendant is then arrested. At the point of arrest, the officer has an obligation to read the Fifth Amendment rights to the accused. Every person has a right to bail. In case bail is posted, the accused is released until the time when all the charges that are ...

Discussion of Negligence

Discussion of Negligence
According to Turner (2013), a tort refers to a civil wrong committed by one person against another person. The law of tort attempts to adjust for harms done to individuals by awarding the successful plaintiff who demonstrates that the defendant was the cause of their loss, damage or injury. A tort can be classified into intentional torts, strict liability torts or negligence torts. Intentional torts arise from intentional acts while unintentional torts arise out of a defendant’s recklessness or carelessness. A strict liability tort is type of tort in which no proof of fault on ...

Introduction

No form of punishment engenders more controversy than the death penalty. Although capital punishment has been used since ancient times, its modern utilization is repeatedly called into question. The United States stands alone among Western world counterparts in its continued use of the death penalty. Among the international community, the general trend largely reflects a discontinuance of capital punishment. For instance, member states of the European Union have all abolished the death penalty (Shin, 2007, p. 505). Given the overwhelming number of nations that have since abolished the death penalty, it is somewhat surprising that the United States continues ...

Debbie, a District Attorney, who is the prosecutor where Jill Smith is facing charges of murder and other drug related charges, is certainly guilty of prosecutorial misconduct on her part. A background of the facts of the case is helpful in this instance. It is the case that Debbie has allowed her past convictions about Smith’s character weigh on her decision to secure conviction since Smith was absolved of the offence on a technicality. Based on the prior conviction that she had secured against Smith in an earlier case and the consequent acquittal by the appeal court on a technicality, Debbie ...

Probation Officer’s Report

The following is a report prepared on request of His Honour George Huges
of the the Provincial Court of Alberta     
in regards to

Virginia Jane White

who is due to appear for Sentencing on

Report prepared by:      

Personal Information:
Current Charges:
Criminal Record History:
Comments:
The defendant has no previous criminal convictions.
Police Report Summary:
According to the Metropolis City Police Department, their officers were called out to the Dresswell Clothing Store on March 2nd, 2001. This was in response to a shoplifting complaint from the store security manager. The officers arrived to find that Mrs. White had been ...

Jury Trial Analysis

A jury trial is a legal proceeding whereby a case is presented to a jury to make decisions and findings of fact and reach a verdict which is later applied by a judge. A jury is a group of people sworn in to hear, judge, and give a verdict on a given case. Jury trials are regularly used in serious criminal cases. The work of a jury is to scrutinize the evidence provided in the courtroom and agree on whether beyond a reasonable doubt that the defendant committed the crime in question. Jury trials are mainly used in serious criminal cases. Their work is to find the facts on ...

In most cases, plea bargaining is used in various criminal justice systems in the world. Despite its preference, many people seldom praise the agreement. As a matter of fact, people view it has a way of favoring the offenders, whereby it develops a possibility of been given a nonequivalent justice to the offence committed. Perhaps, many people believe that plea bargaining is a shortcut to intended justice that is authorized by the law system. On the other hand, other view the move as appropriate, and the best way to make the offenders plea quality for the offence committed.
Plea bargaining refers to the ...

Introduction

Crime is a problem that persists in every society in spite of the advancements that the society has made socially and economically. The problem of crime is a reason for major concerns for both individuals and governments. For instance a survey carried out in 2008 in the United States of America showed that 50% of the respondents were at one time or another worried that burglars would attack their homes or their cars would be vandalized by criminals. They were also worried that the crime rates in the nation had gone up considerably over the past one year.

The concerns are justified ...

The judicial process is a long and complex one, often spanning months of complex deliberation. Each step is carefully created to ensure the most thorough, fair and complete examination of a civil or criminal case, and to cover all possible issues and concerns. In this paper, we will go through the complete judicial process step by step to gain a better understanding of how a civil or criminal case goes to court.

Jury Selection

After an arrest is made and an arraignment leads to trial, the jury must then be selected. The selection of a jury is a careful and thorough process, ensuring that a trial gets twelve ...

One of the fundamental methods of determining liability in Tort Law is the “but-for” test. According to the test, liability is analyzed by asking the question: but-for the defendant’s negligence, would the plaintiff have been injured or harmed? If the answer is no, then the defendant, and only the defendant, is liable for the plaintiff’s harm. While the “but-for” is a Tort Law fundamental, it sometimes proves inadequate in determining a defendant’s liability. Consequently, Tort Law has developed other means of determining the cause of a plaintiff’s injury in fact.
One of the alternatives to ...

Psychological testing was developed to examine the cognitive and behavioral aspects of a patient. A variety of tests have been created to evaluate the individual to determine either the diagnosis of the individual or simply to attain an assessment or evaluation of the individual. Each test discussed below can provide advantages to the forensic setting. The validity and reliability of these tests have been extensively evaluated and are discussed.
1. Mental Status Exam
The Mental Status Exam (“MSE”) is used to evaluate a patient’s mental functions and behaviors. The MSE was created as a tool for clinical psychologists ...

Initial Appearance, Arraignment, Preliminary Hearings, Grand Jury Review

Initial Appearance, Arraignment, Preliminary Hearings, Grand Jury Review
After the arrest of an accused individual also referred to as the defendant for the allegations of having committed a crime, the individual is still a suspect at the time of arrest and for the person to be proven guilty or not then the person has to go through certain legal proceedings. Immediately the defendant is arrested by the police he or she has to be booked by the police. This involves taking details of the person’s fingerprints, photographs and finally put into a holding cell where the person remains ...

Introduction

Much debate has been around the income and bail bond system in the United States. There have been expressed concerns of inequality among detainees based on their wealth and possession. Criminal justice system in the United States is confronted with the increasing number of the incarcerated population. The focus of the paper will be on presenting the arguments why the bail bond systems do not work for low income defendants. The fairness of the criminal systems has been questioned based on the disproportionate affect the bail bond has on the poor detainees.

Bail bond system

Bail bond payment is a money payment ...

Re: Disciplinary Matters

Duty of Disclosure
The criminal procedure revolution commenced in the 1960s. During this era, the rights of criminal defendants were afforded greater substantive and procedural protections. A string of Supreme Court cases established affirmative duties of government officials, particularly prosecutors, to disclose information to the defense. Beginning in Brady v. Maryland, the Prosecutor was held to have a duty to the defense to disclose material information that may have serve to negate a defendant’s guilt (Brady v. Maryland, 1963). The underlying implication of Brady is that it requires prosecutors to inform defendants if government officials lied in previous ...

When somebody is charged for criminal action, the only aim he or she has is to reduce the potential penalty. In order to minimize the risks at the trial the defendants usually choose to come to an agreement with the prosecutor. According to the definition a plea bargain is a process of negotiation between the defendant and his attorney on one side and the prosecutor on the other. In this case the defendant agrees to plead guilty or no contest to the crime. In exchange he or she may receive a reduction of the severity of the charge, dismissal of other charges ...

Facts

This is a case of Byrne (P), an ordinary citizen walking in front of a flour shop which was under the ownership of Boadle (D) when a barrel containing some baking materials fell from the defendant’s window, directly hitting the plaintiff and making him sustain serious personal physical injuries. The plaintiff filed for charges against Boadle before the court under the grounds of negligence of duty.
There were several people who witnessed the incident which caused the plaintiff to sustain injuries, including some of the defendant’s flour shop employees. Aside from the obvious and legal medical services-backed evidences of ...

Facts

Mattei, the plaintiff, was a developer of real estate who planned to build a shopping center on the land that belonged to the defendant, Hopper. After several months of negotiations, the defendant agreed to sell the land to the plaintiff. The parties reduced their agreement to the writing form commonly known as deposit receipt. Under the terms of receipt, the plaintiff had to pay $ 1,000 of the total price of $57,500. On the expiration of the 120 day period, the full purchase price had to be paid. Along with this term, the deposit receipt also stipulated for a satisfaction clause. ...