murder in the Supreme Court of Victoria. O’Bryan J trial judge. The defence argued provocation. An appeal was put before the Court of Criminal Appeal Victoria. Reason for the appeal was that the judge had failed to mention provocation to the jury regarding the second stage of the incident. That this failure was a miscarriage of justice. Crockett‚ Marks & Ormiston JJ – Court of Criminal Appeal. Crockett & Marks JJ agreed with the O’Bryan J decision. Ormiston J believed that provocation
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Year 12 Legal Studies Crime Portfolio Crime: The Criminal Trial Process 1. Describe the role of the courts in the Criminal Justice Process: (300 – 400 Words) Once a formal charge has been laid against a person‚ a hearing or trial of the accused will need to take place in an appropriate court. There are many courts that have jurisdiction to hear criminal offences. The right court for the matter to be heard will depend on a number of issues this includes: The seriousness of the matter‚ in particular
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Robert E. Lee‚ the defense faces numerous societal injustices‚ which is why they never had a chance to win the case. One example of the town’s bias is presented through the town’s love for Matthew Harrison Brady. A second example is the extreme conformist and pious attitude of the town’s people. The last instance is the narrow-mindedness of the judge and the jury‚ which resulted in an unfair trial. In conclusion‚ the defense suffered through many unfair circumstances throughout the drama "Inherit the
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After six days of trial‚ now the jury needs to decide whether this eighteen-year-old boy is the murderer of his father. It is a hot afternoon‚ and 12 men are locked in the jury room to discuss the case. In the first vote‚ 11 men think the boy is guilty; only one doesn’t vote guilty simply because he thinks it is too soon to make this decision. The other men get angry about his words and try to show the evidence to persuade him: the noise heard by the old man living under stairs‚ the crime motive
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In to Kill a Mocking Bird Tom Robinson is accused of a crime he did not commit. Appointed to defend Tom in court Atticus is uses all of his abilities and tries to convince the court to vote Tom innocent. Attempting to convince that Tom is innocent not raping Mayella he uses ethical‚ logical‚ and emotional appeal to protect him in Atticus’s closing argument. As Atticus is defending Tom he uses ethical appeal to bring out their reasoning of right and wrong. When defending Tom he listens to what
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1. Write about the conflicts portrayed in the book as the trial unfolds and intensifies. Ans: The conflict portrayed is that a white woman is accusing a black man of rape. The attorney of the black is proving the case to be bias and that the black man is innocent. The attorney is now face with protecting his client since he is been targeted to be killed. The case even intensifies when the court finds out that the accuser has no motion or power in the hand he was accused of using to be the victim
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Casey Anthony case‚ each side used circumstantial evidence to prove that their story was accurate‚ and it gave them more room to use evidence as justification to their story. Not having any direct evidence did not give any facts for the judge and the jury to lean on. Not only is it important to have good quality and quantity of evidence (burden of production)‚ but also it is important to use it persuasively (burden of persuasion). The burden of production cannot stand on itself to prove someone’s guilt
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of those biases is called confirmation bias. According to the text‚ confirmation bias is defined as the tendency to seek out information that reaffirms past choices and to discount information that contradicts past judgements. In other words‚ individuals favor information that confirms previously existing beliefs or biases‚ despite attaining information that challenges the assumption(s). Moreover‚ individuals are more likely to agree with a confirmation bias when a person is strongly opinionated and/or
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two opposing sides the defense and the prosecution. Both sides have an equal and fair oppurtunity to argue their cases‚ before a neutral panel‚ which can also include a jury and a judge. The judge and jury are expected to remain impartial and are chosen in part using criteria that is designed to discard people who might have a bias in the case In turn‚ both sides present the evidence and witnesses to support their positions. The opposing side is able cross examine witnesses‚ analyze the evidence
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Adversary System in United States The scheme of American jurisprudence wherein a judge or jury renders a decision in a controversy between or among parties who assert contradictory positions during a judicial examination such as a trial‚ hearing‚ or other adjudication. U.S. courtrooms have often been compared to battlefields or playing fields. The adversary system by which legal disputes are settled in the United States promotes the idea that legal controversies are battles or contests
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