In Stanislaus California its has been believed to be one of the worst in resolving murder cases in California due to delayed trials. Not only delayed trials are making it worse to resolve cases it also increase the cost of housing the deficient up to 5.2 million dollars. Victims find it hard that the defendant is getting their trial delayed because they will have more time to find a excuse to prove that they are innocent (not really). For example the victim has just lost their most beloved one to the murder and the murder is now in court you feel happy that the person who killed your most loved one is going on trial, but the trial is suddenly delayed for another time. You obviously feel pain knowing that the justice is not done correctly.
There is often unfair advantages in the trial process as not all members of society have the same access to legal representatives or availability of
If it is found that a defendant's right to a speedy trial is violated, then the indictment is cancelled and conviction is subverted. The reversal of criminal case on the issue of speedy trial results in no further prosecution for the alleged offense. The reason for this right was the fact that with the passage of time the witnesses can be lost because of death, blurring of memory and other factors. However, there are also some other reasons: person in jail must be supported at considerable expense and, sometimes, even family members must be assisted as well.
In Nashville on September 8, 2016 a man has been found guilty for robbery and shooting of a drug dealer. According to the WSMV website, the man by the name of, Montrez E. Duncan, “was convicted for committing Hobbs Act Robbery, Robbery and carrying, and brandishing and discharging a firearm during a crime of violence. A trial done in September 26, 2016, it was stated that Duncan and a few suspects followed the person home. They then entered the home, tied him up and threatened to kill him. The robbers stole some cocaine and cash from the victim and forced him to contact others to take more cash and drugs from them. When they felt the victim was of no value to them, they attempted to set him and the vehicle on fire. The victim was able
What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct?
All criminal defendants are provided certain procedural rights. All procedures must comply with laws protecting defendants' rights even in Texas. The purpose of this paper is give some insight in how Texas processes its criminal defendants when they are convicted of capital murder.
The people of California spoke their minds when they decided to keep the death penalty but they also decided to speed up the process by reducing the amount of appeals a convicted inmate is allowed to have. The death penalty pertains to criminals who commit crimes such as; during a kidnapping the victim dies, train wrecking if anyone dies, if a life prisoner assaults someone and that victim dies within a year, treason, first- degree murder under specific conditions (for hire, of a witness to prevent testimony, if committed during a robbery or burglary, of a peace officer, if committed during the course of a rape by force, if committed during performance of lewd and lascivious acts upon children, or by persons previously convicted of murder). The death penalty is not for petty crimes or mild offenses, but it is for those criminals who have done something so horrendously wrong that the community has deemed it fair that they are given the ultimate punishment for their actions. Putting another person to death is a heavy decision but once decided it should be done right away. There should not be years and years of waiting and appeals by the defendant when they have already been found guilty. This is a waste of time and money. They have already been convicted of their
The hierarchy rule requires for a law enforcement agency to count the highest offense and ignore all others, but keeping in mind that by this rule it does not affect the number of charges the defendant will be prosecuted by the court. It’s also, when you have a defendant charged with different offenses and the police agency will choose only the highest offense. For example: a person is charged with Driving Under the Influence of Alcohol, Driving with a Suspended Driver License and First Degree Murder. The law enforcement agency will choose the highest on the hierarchy list which is first degree murder and the agency will not report the other two because they are misdemeanors. Another great example of the hierarchy rule is the Petit Triple
Certain judges are known to pressure the jury into reaching a verdict more quickly, so that the case can be closed. This is unethical and interferes with the defendant’s constitutional right to a fair trial. Many people do not consider the influence and power the judge is capable of having over the jury and their decisions, but at times it can be significant (Law Teacher, 2016). In some cases, judges have even been known to threaten and intimidate jurors in order to speed up the verdict (Law Teacher, 2016). By intimidating and tampering with the jury, judges are infringing upon the defendant’s personal liberties, which is unacceptable.
Yes. While an individual being prosecuted for the death of a Plaintiff’s loved one is helpful in a wrongful death and/or survival case, it is not a requirement.
The process minimizes potential problems from emerging. For instance, a prolonged trial process may increase the possibility of crucial testimony not to be entered as evidence if the witnesses are old people since there is a possibility that the witnesses will die before they testify. This will have a serious effect on the verdict given by the judge.
In Stanislaus County, there is an abnormally large amount of trial delays. Trial delays can hurt the victims of crime. A long delay in trial can make the victim believe that the courts do not think the crime they suffered through is important. The longer a trial takes, the longer it will take the victim to get closure from the crime. In some cases, trial delays can help the defendant. A delay could give them more time build a much stronger case or allow for the memory of a witness to fade. However, I do not think all trial delays result in helping the defendant.
If a case goes to trial, the defendant might suffer with anxiety over whether he or she will get off or be convicted and receive the maximum sentence. This can also come with the fear of humiliation that is associated with spending time in jail and the likelihood of being separated from family and friends. Going to trial can be risky because it is impossible to predict what a jury will decide. This is because plea bargains are becoming more popular today. Seeing how a plea bargain can provide a defendant with a sense of relief that is mainly caused by the uncertainty and possibility of being charged with a
Between 1976, when Supreme Court lifted its preclusion on capital punishment and 2000 Texas has executed 238 individuals (Walpin, 2000). Why do capital punishment cases proceed so quickly compared to other states? Brent Newton, in an article entitled “ The death penalty: Texas could learn a lot from Florida,” argues that one of the reasons to why its reoccurrences is due to Texas not providing public defender system for the underprivileged defendants, and instead relies upon court appointed attorneys who likely do not have any experience in capital punishment defenses or
They say Lake Superior never gives up her dead. They also say you can’t keep a good man down. Sometimes spur-of-the-moment murders don't go as planned.
The men and women on the jury must take so much care in rendering a decision because, depending on the crime, the rest of someone's life may be on the line. If the roles were reversed and a jury member were in the place of the defendant, they would want whomever was on the jury to take the time and consider every piece of evidence and think of every statement that was said. The defendant is innocent until proven guilty, the