Army Trial Defense Service Case Study

Given that he was late for work and failed to report to weapons draw/guard mount, he was considered in violation of article 86. Given that he failed to obey a lawful general order to report to weapons draw at 4:45am. Since article 86 clearly states that any and all armed forces members who violate or fail to obey a general order are subject to punishment by the court-martial, the U.S Army private was indeed subject to such punishment. Though luckily, to his benefit, he was only ordered to write a 2000 word RBI and report for duty 30 minutes early. However had his wife not accidently knocked over his alarm clock, causing all of it's setting to go astray, he would not have violated Article 86 and would not have been subject to punishment by the court-martial. But unfortunately his wife did knock over his alarm clock causing all of it's settings to go astray and he did violate article 86. If you violate article 86(much like this U.S Army Private) you too will be subject to the punishment of a court-martial, and may also have to write a 2000 RBI and have to report for duty 30 minutes early for 2 weeks. If anything let this show you not to let your wives near your alarm clock, especially if they are gracefully challenged and famous for tripping over their own feet. Ungracefully women have a bad habit of falling and knocking over alarm clocks. If your wife happens to fall and knock over your alarm clock, be sure to reset it to your desired settings so that

A magistrate is some one who is not paid or is qualified and is only seen in the magistrate’s court which oversees summary criminal cases (magistrate hears about 96% of all criminal cases).

or public danger. No one can be put on trial again for the same crime.

The Criminal Trial: If offenders choose not to plea bargain then this is where they end up. Here the prosecutor tries to prove that a crime was committed and that the defendant is the one who committed it, while the defense attorney tries to prove otherwise. Testimonies are heard, evidence is examine, and both prosecutor and defense attorneys conclude with closing arguments. Juror then deliberate, then defendant is either found guilty, not guilty, or it’s a hung jury. A hung jury means that the jurors could not reach a verdict, which would lead to a mistrial. (Wright, 2012)

The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and

district court. California for example has four district courts. Each district court has at least

The United States district courts are the general trial courts for the United States. In the district courts both civil and criminal cases are filed in. Each state has at least one district court in it but there could be more than just one. All of the district courts in the United States lie within the boundary of a single jurisdiction. The district courts can be divided into four different types of categories. Those categories are civil, criminal, juvenile, and magistrate. Civil cases are things that involve divorces, child custody, child support or anything that is 25,000 dollars or less. Most criminal cases involve misdemeanors or are less serious crimes and those cases usually do not have a jury with them. Juvenile cases involve those who

The United States has two parts to the court system, which means that we have two independent judicial systems, one at the federal level and one at the state level. The court system includes juries, prosecution, defense lawyers, and judges. They make sure everyone is given fair trials. Judges hear the cases and oversee the people to make sure that all laws are followed while the cases are being tried. A judge decides a sentence unless there are fixed sentencing guidelines that need to be followed.

(a) Time of court action. – In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is martial

The four levels of state and local governments are courts of limited jurisdiction, major trial courts, appellate courts, and courts of last resort. Courts in limited jurisdiction are also called minor trial courts and they hold probate courts, traffic courts, county courts, and family courts. Magistrates, police judges, and justices of the peace are in charge of minor trial courts even if they are not skilled in the law. These courts are more concerned with smaller issues but occasionally deal with hearings involving someone who committed a misdemeanor or felony. Major trial courts also called trial courts of general jurisdiction hold criminal courts, district courts, and circuit courts among others. They handle serious criminal and civil

Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense

Summary offences. These are less serious cases, such as motoring offences and minor assaults, where the defendant is not usually entitled to trial by jury. They are generally disposed of in magistrates’ courts.

Lay judges are ordinary citizens selected by a committee to serve a pre-determined length of time. All judges serving in the federal courts are trained in the legal profession. They have to be professional judges or lawyers”. In the German justice system there is two types of courts ordinary courts and specialized courts. In ordinary courts the usual cases heard relates to civil, criminal, family and marriage laws. Ordinary courts consist of four tiers local courts, regional courts, higher regional courts, and the highest court of them all is the federal court of justice, which is comparable to the U.S Supreme court. In a local court there is a single professional judge or up to two professional judges and two lay judges. Second comes the regional court where there is up to three professional judges and two lay judges. Next come the higher regional courts that consist of three to five professional judges. Lastly the highest court the federal court of justice has five professional judges. When it comes to the different types of cases such as criminal and civil cases criminal cases tend to only be assigned to the first three courts local, regional, and higher regional courts civil cases on the other hand are normally only assigned to either local or regional courts.

It is the nature of the case and the crime committed which surface the selection of applicable sentence. However, when the court finds a particular case unusual, the court may depart from the guidelines and resort to a pertinent sentence appropriate for the nature of the case. Thereafter, the appellate court may choose to review and determine its appropriateness and reasonableness (United States Sentencing Commission, 2008). Sentencing is evaluated by the U.S Sentencing Commission.They determine its effects to the criminal justice system and recommends necessary modifications thereof (American International College,

the judge is appointed and the parties have little or no say in the selection. The parties