Nonreciprocal Discovery Process

The next step in the criminal justice process that the defendant would experience is grand jury indictment or a preliminary hearing to establish probable cause. Prosecutors present evidence to a grand jury without the

When evidence is found that can secure the suspect that committed the crime, the evidence must go to court to share the information. In addition, if and when the evidence connected to the crime is found, it is then decided by the judge whether or not the suspect is innocent or guilty. On the other hand,

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.

There are several cases that have gone through the United States Supreme Court where prosecutors have not disclosed evidence to the defense, that could in turn help the defense’s case such as in the case of

The influx of huge amounts of information, evolving technology had challenged criminal investigation systems and for that matter, the investigators. Any violations in Law lead to involvement of criminal investigation. The court bears all the expenses of the procedures in investigating the case, except the defence lawyer hired by the accused. In situations where the accused cannot afford, the state is liable to pay for his lawyer. It is a must that all the witnesses of the prosecution and the defence appear to the trial.

The Criminal Justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimonies, psychological examinations, forensics reports,

During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc…

to its discovery by Europeans. As legal justification for the removing of Indian Tribes from their ancestral lands, Pope Francis V’s Doctrine of Discovery was applied. There are many elements to this doctrine and as time wore on, more and more of them were used by the government of the United States as legal justification for what at its base can be seen as both theft and ethnic cleansing. Each of the ten elements plays an important role in what transpired on this continent and shall be discussed to further clarify the actions taken by the U.S. government.

Sometimes mistakes can lead to great discoveries. An explorer can be searching for a waterfall and then trip and fall into a hidden cave. The possibilities are endless when it comes to this topic. Like in “Lost Cities, Lost Treasure”, “How a Melted Bar of Chocolate Changed Our Kitchens”, and “In Praise of Careful Science”. These things can change people's lives in good and bad ways.

Because the defense has no burden of proof, they have the easier side of the case. The prosecution has to prove the defendant guilty beyond reasonable doubt. The jury can have no thoughts that the defendant could be innocent in any way. On the other hand, the defense side is supposed to find pieces of evidence that could show that the defendant wasn't doing anything illegal. The defense tries to point out

Even after a defendant has been convicted, prosecutors have an ethical, sometimes legal, duty to preserve a copy of discovery material as well as physical evidence. The prosecutor has an ethical duty to make reasonable efforts to assure that the accused has been advised of their right to have an attorney present in court. They also have an ethical, legal and constitutional duty to disclose most of the evidence they possess to the defendant once the defendant has been charged with a crime. However, the individual rights of the defendant must be upheld, even if this means that the prosecutor does not obtain a conviction.

I think the most interesting part of the stages of a criminal trial is going to Trail. It is when things actually begin to take place in count and that is when the real judgment takes place. Nothing really matters until it is proven in court. By going to trail, it is basically the conclusion to the case, once it is over. Being found guilty or not guilty by the jury and/or the judge is where this happens.

The due process model insists on a formal, fact-finding process in which cases are handled publicly by impartial trial courts (Bohm & Haley, 2011). In the due process model, there is no presumption of guilt. The guilt of the suspects is not determined until the suspects have had a chance to discredit the allegations (Bohm & Haley, 2011). In the due process model, the demand for finality is low and the goal is to protect the innocent and convict the guilty (Bohm & Haley, 2011).

Secondly, Inevitable Discovery Doctrine. With this exception, two modes of seizing evidence are considered but only one is physical. Illegal means are used in the securing of the evidence physically. The other seizure of evidence is hypothetical and is seized illegally.

It is no secret that technology has changed the way that many things are done in our culture today. The legal world is no exception. When lawyers work on cases, there is usually a lot of reading involved. This takes a lot of time and a team of lawyers that is expensive to employ. Electronic Discovery (e-discovery) is technology that has cut down on this time and cost, and has significantly changed the legal world. It is software that can analyze documents and extract key words or phrases. In a case concerning CBS, lawyers and paralegals examined 6 million documents at a cost of $2.2 million. With the use of e-discovery, one company was able to examine 1.5 million documents for $100,000. E-discovery can help lawyers pick out words, phrases and it can even detect patterns in behaviors. This software is essential for the legal world because it could prove guiltiness through uncovering hidden activity of criminals who may otherwise not have been caught.