Civil Litigation Procedures And Criminal Procedures

After the trial is conducted and the jury or judge finds the defendant guilty of a crime, the process of deciding a sentence begins. In this part of the process, a judge has to take into account the facts of a case and the remorse of the defendant while deciding the exact punishment. In criminal law, there are some crimes that allow a judge to decide the punishment and some crimes that require a mandatory sentence. However, no matter the situation at hand, each defendant has certain procedural rights that guarantees a defendant protection from unreasonable punishments and sanctions that could ruin an innocent person’s life.

A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.

The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person

“Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty, Herbert Packer studied the competing values that underlie the constitutional order through the Due

Factually, the due process mission of this model is protecting guiltless individuals from wrongful prosecution within the system. The Fourteenth Amendment incorporate the Bill of Rights that supports the Due process model set by the framers of the Constitution (Bill of Rights, 1868).

PLEASE TAKE NOTICE, that the undersigned, Elise Smith, Esquire, did prepare Defendants, Lewis E. Olson and Albert Dobiash's Interrogatories to answer.

this is situations when people start to become aware or their own legal rights and looking to seek compensation. an individual will bring the case forward against another person (defendant) to claim any damages that have been caused.

Argue for or against the theory that the courts should not hold a defendant of questionable competency to the standard sentencing guidelines.

The lawyer’s presentations to the court will determine the fact with a trial judge or jury and relate it to the law to reach a decision before judgment is entered. Decision will base entirely upon material introduced by parties. Although individuals are free to represent

A: Standing to sue is the requirement that plaintiffs who sue must have a serious and vetted interest in a case, meaning the plaintiff has sustained or is in danger of sustaining a direct and substantial injury from the actions of the other(which can be the government)

Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?

When a crime has been committed, the case proceeds through the criminal justice system from investigation and arrest through probation and parole. However, the process can vary wildly between a civilian offender being tried at the local, state, or federal level and a military offender being tried in a military court-martial.

COMES NOW the Defendant, Josue Emmanuel Rivera-Lemus, by and through counsel, Vernida R. Chaney, and pursuant to18 U.S.C. § 3553(a), Rule 32 of the Federal Rules of Criminal Procedure, Section 6A1. 2 the United States Sentencing Commission, Guidelines Manual (“U.S.S.G.” or the “Guidelines”), United States v. Booker, 543 U.S. 220 (2005), United States v. Hughes, 401 F.3d 540 (4th Cir. 2005), and this Court’s Policy Regarding Procedure to be followed in Sentencing, represents that he has reviewed the Probation Office’s Presentence Investigation Report and submits the Defendant’s Position with Respect to Sentencing to aid the Court in determining an appropriate sentence.

Education: High school diploma (Northrop High School) Associates Degree in Criminal Justice (Ivy Tech Community College)

**You'd see a suspect which has be tazed on the ground, and an officer would be standing besides him**