The court case of Smith V Cain was taken to the Petit jury in which the evidence was presented was favoring Cain due to the fact that he was an eyewitness who matched Juan Smith to one of the several gunmens at the house in 1995. The Petit jury was selected to hear this particular case in 2011 due to the fact that the Grand Jury is where the cases are sent to decide whether the case should be upheld and proceed to the next court or if the case has no real merit and essentially would be a waste for both of the parties to pursue a farther hearing in a higher court. The petit jury had originally ruled in favor of Cain and had ruled in favor of not granting Smith’s appeal. Smith had appealed saying that the trial was unfair and he didn’t…
This process is where witnesses are called to give their statements. They are questioned and cross examined by all lawyers/attorneys. Cross examination is being questioned by each lawyer/attorney they may ask the same questions but in different words. The prosecutor is there to make the jury believe the criminal is guilty whereas the defense attorney is there to make the jury question if the criminal is really guilty. There are also three types of witnesses which are; ordinary witnesses, expert witnesses, and character witnesses. “Ordinary witnesses can testify only as to their personal observations. Expert witnesses, on the other hand, are allowed to offer their opinions in their area of expertise. Chartacter witnesses may testify only to the general good reputation of the defendant” (Zalman,…
• 1.What is the difference between a jury trial and a…
3. Foreman: The Foreman is responsible for keeping the jury organized. He seems calm and neutral in the way that he does not object or counter anyone’s opinions.…
Sorry, dead wrong. The purpose of a grand jury is only to see if there was probable cause that a crime may have been committed. What evidence is presented is selected by the Prosecutor. There is no defense attorney, no defense presentation. It's not about guilt or innocence, only to see if there's the bare minimum of evidence that there may have been a crime. It's EXACTLY the same barrier as a police officer has in order to stop you, probable cause.…
The grand jury originated in England, under the rule of King John. The king selected the grand jury to be a body of his reign that would accuse no innocent person, and would shelter no guilty person. The Fifth Amendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today, grand juries are virtually inexistent with the exception of the United States, which in some cases, still utilizes a grand jury. The Fifth Amendment clause on grand juries does not protect individuals serving in the military because they are considered to be United States property. By federal law, misdemeanors do not require an indictment to be obtained for a trial. Federal law only requires an indictment for felony cases to be presented before a court.…
A Jury is responsible for coming to a conclusion, based on the facts presented in a case,to determine if the accused is found guilty or non-guilty. During a trial the jury is responsible for taking notes on the…
High profile cases being spread through the media attracting massive attention. Cases such as the Sean Bell shooting, Amadou Diallo, and these trials were spread all throughout television which sometimes doesn’t fall in the favor of the defendant. There are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10, states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence, the defendant presents…
This is expressed in the Sixth Amendment right to a public trial. Now, once a jury receives its instructions from the judge, the members will deliberate in a private setting. A verdict is reached, sent to the judge, and once approved, is told to the defendant. If he is found guilty, the defendant may appeal the verdict.…
Profoundly established in the Anglo-American custom, the grand jury initially served to secure the denounced from excessively enthusiastic indictments by the English government. Congressional statutes diagram the methods by which a grand jury should impanel. Commonly, the grand attendants are chosen from the pool of prospective members of the jury who possibly could serve on a given day in any hearer limit. at normal law, a grand jury comprises of between 12 and 23 parts. Since the grand jury was determined from the regular law, courts employ the basic law as a method for deciphering the grand jury clause. While state councils may set the statutory number of grand legal hearers anywhere inside the basic law prerequisite of 12 to 23, statutes setting the number outside of this reach damage the Fifth Amendment. Elected law has set the elected grand jury number as falling between 16 and 23.…
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.…
Grand Jury’s are also afforded certain investigative immunities and subpoena powers. However, the Grand Jury…
Unless a defendant waives the Fifth Amendment right to a grand jury indictment, in a federal prosecution the prosecutor must initiate a serious criminal case through a grand jury indictment. Federal grand juries consist of between sixteen and twenty-three grand jurors with a foreperson appointed by the court to overseeing the grand jury. For an indictment at least twelve grand jurors must vote to indict, or not indictment can be issued. A federal prosecutor presents witnesses in front of the grand jury and asks questions of the…
Jury selection are various methods used to decide who will be on the jury. The jury pool is initially chosen from among the community utilizing a random strategy. Jury records are gathered from voter enlistments and driver permit/state id. From these records, some people are mailed. They will be addressed in court by the judge and/or lawyers in the U.S. According to Shari Seidman, in some cases such as capital punishment, the jury must be death qualified. Jury procedures are taught in law institutions to law students. The jury chose is said to have been empanaled.…
A jury trial is a trial with 12 people from different background that get to choose if you are guilty or not. The vote has to be unanimous. A bench trial is a trial where the judge is deciding whether you are guilty or not. You get to choose but they both have their ups and downs. The defendant might choose a bench trial because their case might be complicated and confuse a jury. The defendant might choose a jury trial because the verdict is harder to agree upon. When it come to both of the ways to have a trial, none of them is 100% sure if their verdict is…