Acquittal Trial

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

The defense and prosecuting attorneys question the defendant to learn the circumstances of the offense. After carefully listening to the facts,

Defendant, Preston G. Holmes, III and Matthew D. Jones, by and through counsel, Vernida R. Chaney and Eugene Gorokhov, and respectfully move this Honorable Court to exclude inadmissible hearsay evidence that the government may seek to introduce at trial. Specifically, the defendants move to exclude the records and contents thereof (1) U-Haul, (2) Sharifa Shuler’s cellphone, (3) automatic license plate reader, and (4) gun manufacturers.

In America we have an Adversary System of Justice, which means that criminal trials proceed under the adversary theory of justice to arrive at the truth in a given case. One characteristic of this system is intensive cross-examination of both defense and prosecution witnesses. In a jury trial, it is for the jury, which observes these witnesses, to weigh the evidence and make the ultimate decision in every case—guilty or not guilty. However, not every case makes it to trial in fact, about 80% of defendants plead guilty allowing them to just be sentenced and not have to go through the whole process of a trial. Other cases are dropped, or dismissed if the prosecutor, or in some cases a grand jury, feels that there is insufficient evidence to carry on. Some defendants are sent to diversion programs, these individuals are often sent here because an official involved in the case believes that there is a better way to deal with a defendant than to prosecute them.

* Motions to Dismiss - These are the defense's response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the complaint.

Is where a magistrate will hear the prosecution’s evidence and decide if it sufficient enough to send the accused to the District or Supreme Court for trial.

There are six steps in the trial process; these steps include jury selection, opening statements, evidence presentation, closing arguments, charging of the jury and deliberation of jury. Throughout this six step process, it is vital that the rights of all parties involved and respected and protected by

The defense case in chief must mount a defense that either demolishes the prosecutor’s case or, at a bare minimum, creates reasonable doubt in the minds of the jury. A defendant has no burden of proofs in any criminal case and can still prevail without introducing any evidence with the exception of affirmative defenses. Based on the Fifth Amendment the defendant may choose not to testify to avoid self- incrimination. The defense counsel also calls defense witnesses for direct examination. Defense testimony may also include expert witnesses who have special training and qualifications and are permitted to offer opinions. The prosecution is permitted to cross-examine each defense witness.

(a) Generally. A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party, and in a jury trial at the close of all the evidence. The moving party shall state with particularity all the reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of an opposing party’s case.

A grand jury witness serving in Special Counsel Robert Mueller's Russia investigation is speaking out against what appears to be a never-ending witch hunt, according to The Daily Caller.

Once all the testimonies and evidence are presented, the case proceeds to a stage referred to as “rest”. The stage is then proceeded by closing arguments. Closing arguments are similar to the opening statement in that the opposite side of the law cannot interfere. Attorneys use the closing statement as a time to highlight points in the case that benefited their opening statement. Plaintiff’s also have the opportunity to open or close arguments based on their strategy. Once the closing argument is completed by each side, the jury is then “charged” by the judge to input their decisions based on the law. It is very important that the jury does not make decisions based on personal perspectives or bias feelings. The decisions of the jury are determined specifically from the information provided throughout the case. Throughout the deliberation, the jury is separated from the trial and placed into a holding room to make final decisions on the case. Every member of the jury must have to opportunity to participate in the judgment process. If the jury is unable to agree on a single

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

In the 17th century, the demand for slaves was higher than it ever was at any time in history.  Africans were kidnapped from their homes and villages to be sold to whites so that they could be sold and put to work with no income. This was the exact plan that was in store for 43 mendi africans taken on the slave ship, The Amistad. While being transporting, the Mendi Africans took a stand and revolted against the crew and took over the ship with a will to become free and that is when their path to freedom began. The trial in the US and the Mendi slaves time in Connecticut were also important events in the Amistad. The events of the Mendi Africans on the Amistad and the trial changes the lives of people in Farmington and Connecticut.

According to the law, every person participating in a trial of court has the right to a fair trial. However, the system demonstrating this has not always portrayed that of a fair and just trial. The basis of a fair ruling is mainly influenced by how the rules put in place determine how someone can be judged. One instance in where a rule could impact the way in which a person was judged is the time setting in which the rule exists pertaining to the trial. Laws regarding trials in the 1800s could be drastically contrasted with the laws in the 2000s in numerous ways, such as the absence of lawyers and short trials that were potentially inaccurate. Along with quick conclusions, their laws were not as fully developed as they are now in modern

The purpose of a motion brief is two-fold. A motion brief needs to be both educating and persuasive. Simply put, as an attorney, you are an advocate for your client. In short, you want to set out the applicable law and the facts of the case for the judge to take a particular action in your case in your motion brief to be effective in your motion.