ASSINGMENT 2 With reference to decided cases and other relevant authorities distinguish the tort of malicious prosecution from false imprisonment. Malicious Prosecution is an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice. Whereas false imprisonment
Premium Tort Jury Criminal law
The accused will then either be set a date for sentencing under a guilty plea or discovery will now begin if plead not guilty. Trial proceedings would eventually be scheduled along with the selection of the jury. After all statements and examinations are conducted‚ the jury will then be told instructions and have time to deliberate. Without motions or appeals the sentencing will soon occur. After the discoveries of a civil case‚ if the defense proves there are no facts that the parties
Premium Criminal law Crime Law
where she was raped. This testing confirmed that Dewey was not the source of the semen or the DNA found under the victim’s fingernails. Despite the results of the testing the prosecution continued forward with the charges on Dewey. Ultimately‚ the jury found Dewey guilty of first-degree murder and sexual assault. He was given a life sentence with no possibility of parole. At his sentencing hearing‚ Dewey warned the judge‚ “There is still a killer out
Premium Jury Court Appeal
murder. Next would be the preliminary hearing where the defense would have received an arraignment‚ formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty‚ not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that
Premium Criminal law Crime Law
crime; a reasonable jury might well reach a different conclusion as to an object when used in different circumstances. M.G.L.A. c. 265‚ §§ 15B‚ 18C. Com. v. Mattei‚ 455 Mass. 840‚ 920 N.E.2d 845 (2010) In determining whether the use of a particular object has been capable of being a dangerous weapon so that its use constituted a crime‚ the essential question is whether the object‚ as used by the defendant‚ is capable of producing serious bodily harm; that question is for the jury to determine‚ taking
Premium Injury Jury
criminal proceedings. 10. Prosecutorial Discretion- is whether to bring charge‚ whether to investigate‚ whether to grant immunity and whether to plea bargain. 11. Trial court- original jurisdiction 12. Bench trial- trail by judge 13. Jury trial- responsible for making factual findings such as whether the defendant is guilty of a crime. 14. Criminal Information – the document signed and sworn to only by assistant district attorney or district attorney itemizing all the offences
Premium Jury United States Constitution Judge
Jarvis J. SteenCJ1000 – Intro Criminal Justice Learning Plan 3LP3 Assignment: Justice Process a. Booking Typically there are 9 steps in the booking process‚ they are: Recording the suspect’s name and the crime for which the suspect was arrested‚ taking a mug shot‚ taking the suspect’s clothing and personal property into police custody‚ finger printing‚ conducting a full body search on the suspect‚ checking for warrants‚ health screening‚ eliciting information relevant to incarceration conditions
Premium Criminal law Police Jury
Maricopa County. When this particular case first was reported I remember finding it very interesting and was following the progress for some time. I recently became aware that this trial is still in the final sentencing after numerous jury dismissals‚ mistrials‚ hung jury‚ allegations of perjury‚ prosecution wrongdoing‚ and defense cover-ups. Background On June 4 2008‚ Travis Alexander a 30-year-old businessman who lived in Mesa‚ Arizona was murdered in his home‚ found almost
Premium Jury Court Appellate court
Ethical Dilemmas 1) You are a prosecutor in a jurisdiction that does not use the grand jury system. An elderly man has administered a lethal dose of sleeping tablets to his wife ‚who was suffering from Alzheimer’s disease. He calmly turned himself in to the police department‚ and the case is on the front page of the paper. It is entirely up to you whether to charge him with murder. What would you do? What criteria did you use to arrive at your decision? 2) You are a probation officer and
Premium Crime Jury Police
The Criminal Trial Process The Sixth Amendment specifies certain citizens ’ rights that apply in all criminal trials. These rights are speedy trial‚ public trial‚ trial by jury‚ notice of the accusation‚ confrontation of opposing witnesses‚ compulsory process for obtaining favorable witnesses and assistance of counsel. Although the Sixth Amendment guarantees these rights only with respect to the federal government‚ the U.S. Supreme Court has incorporated all of them
Premium United States Constitution Law Jury