Controversial Issues In Procedural Law

This article is based on the shooting death of Reza Payan by a longtime friend Ronald Melnik. On January 1, 2011 Reza Payan invited his friend Ronald Melnik out to a New Year’s Eve party. At this party Melnik became intoxicated and at the end of the night when Payan offered him a ride home the two got into an altercation with each other which ended with Melnik shooting Payan, resulting in the death of Payan (Olmeda, 2017). The article is talking about Melnik trying to get his second-degree murder case dismissed because of the evidence of a blood sample being destroyed while he was trying to find someone to test the blood to get his own results. This analysis primary focus is on the prosecution and pretrial phase of a case.

In this case we have a Texas Customer vs. Widget Corporation and the president of

A forum applies its own choice of law approach. So here North Montana will apply the Second Restatement of Conflicts of Laws as the state follows that approach. Under the Second Restatement, three main steps need to be considered: 1) whether the conflict is procedural or substantive, 2) whether a choice of law provision in a contract should be applied, and 3) the application of a choice of law rule. Here, it appears that the choice of law provision selecting Old York should be applied because none of the exceptions to the general rule apply.

The Supreme Court is the courtroom where all the legal cases dealing with congress or the constitution go to get a final decision. The Court is currently composed of a chief justice, eight associate justices, and nine officers. Their main goal as members of the Supreme Court is to make sure everything and anything abides by the constitution. It has many powers when it comes to law and especially the constitution, but it is not overly powerful due to the other two branches of the government. Checks and balances helps keep their powers level and just as important as the executive and legislative branch powers. The Court has the ability to remove a law or refute anything that violates the United States Constitution. The Supreme Court, on average, receives around 7,000-8,000 petitions for a writ of certiorari every term. The Court grants and hears oral arguments for eighty cases. One case specifically was Printz v. United States. This case focused on dealing with background checks when purchasing a firearm. Jay Printz deemed the provisions to the Brady Bill unconstitutional, decided to take it to the District Courts and eventually the case ended up in the Supreme Court, where Stephen P. Halbrook fought and won the case based on a five to four ruling in favor of Printz.

The conviction of innocent people is perhaps the worst nightmare of a criminal justice system. sending someone to jail for a crime that he has not committed, without the system having been able to discriminate effectively against the author, is one of the main mistakes that can be committed and with very serious consequences for the life of the affected person and their environment, which can hardly be repaired with subsequent economic compensation. Unfortunately, comparative experience shows us that there is no criminal justice system immune to the possibility of making mistakes of this kind. On the contrary, in recent years, investigations have been carried out in several countries that show the enormous fallibility of criminal justice systems.

In this paper we will be giving a small overview and some insight on our presentation which is on criminal trials, appeals, post-conviction remedies, and habeas corpus. The paper will also contain a few key points. In this chapter we learned about the “judicial process used during criminal trials, appeals, post-conviction proceedings,” including habeas corpus (Fredico, Fradella, & Totten, 2013). At first glance it may look like criminal trials and appeals are the most important part of the judicial proceedings, but criminal trials and appeals are mainly based upon the investigation of the police. A defendant can be guilty, but if the police don’t do a good job of collecting evidence and investigating, then the defendant can win and

9. Explain Raskolnikov's philosophy of crime (See pages 237-249, and his confession to Sonia - page 387-ish.)

Life does not frequently imitate art. The case of R v. Smith [2011] EWCA Crime 1296 is evocative of the famed and beloved masterpiece by Fyodor Dostoevsky, Crime and Punishment. The convicted murderer, Peter Smith, is very much a modern day Raskolnikov, though it's doubtful that he will reach the level of redemption that Dostoevsky's protagonist achieves. The case of R v. Smith [2011] EWCA Crim 1296 arose because of the murder of Hilda Owen, a 71- year old disabled woman who was found murdered in her home in Nottinghamshire in 2007. On March 1, 2007 when Owen was found dead on the floor of her own home, the injuries found on her body indicated that she had been beaten with a claw hammer and a screwdriver; a broken bone along the neck suggested strangulation as well (Fahy, 2012). There were wounds on her hands that pointed to the notion of her trying to defend herself; it was the blows to her head which caused the brain injuries which resulted in death, but the nature of the injuries indicated the victim no doubt had a long and intense amount of suffering as she slowly died, surviving after the attack 25 to 24 hours. It was a discovered that Smith was in severe financial distress and that he stood to benefit from the murdered woman's will, which left him some money and her house.

Many students believe that they have unlimited rights, however this isn’t true. In school settings, school policies can limit the rights of the students to make a safer and more orderly learning environment. These policies don’t completely take away the rights, they merely limit these rights, even if students feel differently. These are some examples of limited rights in school systems.

Procedural law provides the process that a case will go through (whether it goes to trial or not). Procedural law decides how a case will be tried and if all procedures were followed.

Kocieniewski, (2007) states that because of such intimidation most of the witnesses do not come forward to you the witness, and police say that because of such fear criminals are not getting punished. This is another side of the witnesses, women witnesses experienced more difficulties when compared to the men. Women are more worried about their families and the reputation in the society. Under the force of the intimidation the individual providing which is strongly getting entry influenced from the threat, the situation because more sensible that witnesses consider most of the accused people as gangsters and are afraid of such people witness on them. Based on the critical analysis that was conducted on the judiciary system, and regulatory associated with theories of crime, it is identifying that witnesses gave more important though scientific or technical evidence available. Malik states that criminals also invest money to avoid large penalties and fines. If the prosecutor effectiveness is high, it influences the size of the investment that will be made by the

The substantive law manages individuals' rights and obligations. For instance, the substantive law directs the sort of discipline that somebody may get after being indicted at the finish of his criminal trial. The substantive law additionally characterizes kinds of violations and their seriousness. For instance, substantive law is utilized to choose whether a wrongdoing was a detest wrongdoing, regardless of whether a murder was submitted in self-preservation, et cetera. Substantive law is then depended upon to decide the rights that are stood to the denounced.

In the discussion which follows, the function served by ‘evidence’ within the adversarial system will be considered. The central importance of relevance to the admissibility of evidence will be linked to the purpose served by the tribunal of fact. The range of factors which impact on the criminal justice system will act as a basis to consider the justification for the exclusion of certain evidential material. Developments in attitudes as a result of recent legislation will lead the discussion to the conclusion that the above statement is not sustainable

In this case study, I will explore the concept of stare decisis and wherether it is in exorable command. I will be explaining what the court means when it say that” stare decisis is not an inexorable command”. Also what it would mean for the American system of criminal justice, if stare decisis actually was “inexorable command”.

as he attempts to maneuver the bureaucratic system.  In vain, much as many people try to find meaning and justice out of court, Josef K.'s efforts to discover why he is accused and must suffer are in vain.  Yet, his character and his sins are conventional, and he has no bold or threatening ambitions.  All he can do is ask questions, but he receives no answers that would clarify the bureaucratic system into which he has been thrust.  Just like existential awareness undermines the entire rational structure of Divine justice, so, too, the alternative hypotheses, the multiple explanations, the different interpretations, and the uncertainty Josef K. experiences, serve to undermine the whole rational structure of the justice system.  Josef K. comes to understand the socially constructed, arbitrary, and absurd nature of the justice system, and, justice itself "The truth allegedly resides above the realms of justice and injustice."iii This literary analysis will focus on how Josef K.'s experiences in The Trial demonstrate not only the corrupt justice system of the era but also the absurd and futile attempt to seek an arbitrary concept like justice in an existential realm.