When a trial is being conducted, there are certain rules that go into effect so as to protect the integrity of the trial proceedings. Some of these include jurors not watching TV so as to bias their opinions for or against the defendant or communicating with those outside of the groups the individual is assigned to, such as the jury communicating with the prosecution or defence teams. In high profile cases where a trial is being widely and publicly broadcast on the news and media, a judge might order a jury sequestration, or a removal of the jury from the public for an undetermined amount of time. (Sequestration. n.d.) If the jurors communicate with either of these parties, they could be talking about numerous things. Some of the possibilities …show more content…
They collect evidence of all kinds, including witnesses. Sometimes the investigating officers come across evidence that would clear the accused of any wrongdoing. The American Bar Association describes what the process of discovery is: “Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent "trial by ambush," where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence.” (Advertisement. n.d.)This can be avoided by the requirement to produce all information found in the investigation. Witnesses can be pulled aside for a deposition hearing to tell what they know in person and could possibly bring to light more information and evidence based on what they saw. The term for handing over such is known as the Brady rule. Brady had been convicted in a Maryland court of first degree murder. (Brady v. Maryland Case Brief. n.d.) The prosecutor had withheld the statement that proved that Brady did not commit the murder himself and was just an accomplice. After discovering this evidence, the punishment was overturned and Brady was given a sentence as an accomplice to murder instead of the actual
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.
In the U.S. our system is formulated by various means to construct tweleve fair and unbiased jurors. Whom acording to our text, hypothetically decide cases based on “burden of proof and reasonable doubt.” These individuals listen and take into account the evidence and testimoneys of witnesses appointed by both the prosecution and defense through the duration of the trial. Though many make a preliminary decision based on the opening statements. Once trial has commenced the jury is dissmissed to the deliberation room. Where disscussion about the elements of the case and the defendents specific actions begin, but jurors usually vote as soon as they retire to jury room and the orginal vote wins the majority of the time. Allowing their own
Let me start by saying that I feel the proliferation of media and devices, particularly social media, make ALL information available to EVERY person across the globe 24/7. This being said, the availability of an uninformed jury pool is virtually impossible. In today’s society, everyone has information, therefore to assume that any perspective juror is unaware of at least the basics of every meaningful crime in their local, state and national scene is naïve at best. The best a defendant and defense attorney can hope for is that the jurors will put aside any preconceived notions of the guilt or innocence of the accused, follow the jury instructions, and render an unbiased verdict. Do I feel that this happens…NO. Jurors lie, attorneys and judges
All the jury must agree on a verdict, if this is not possible then the
The reason being is that some of the jurors may get together and discuss what they think about the case, whether or not the suspect is guilty. By doing so, the jurors may have different opinions and they may try to sway someone a specific way. When something like this happens, the defendent will no longer have a fair trial or a fair verdict (Zerman 62). Sometimes there are cases involving people that will try and buy their innocence this is called jury tampering.
courts. A trial court has witnesses, exhibits are used as evidence, and a jury comes up with the
It is not unusual for someone to fill over the brim with emotions and then just let them all out. In an environment as hectic as this, it is imperative that the jurors are able to stay on top of things. DecisionQuest, which is a trial consulting firm, recognizes that “jurors are distracted during jury selection. Jurors are often worried about work concerns or children they have left with a sitter. They feel off balance being in a courthouse with strangers.
A jury 's decision can be invalidated if it can be shown that a juror was biased. For this reason, a juror is not allowed to communicate with friends, relatives or members of the media about the trial. Such action would be a violation of the 7th Amendment.
To demonstrate the level of investigation, review, evaluation, and actions our Department takes when an officer involved shooting occurs, an overview of the process is provided below:
The Courts usually allow the discovery process to be very open. The disclosure of evidence helps the offender make well-informed decisions and creates fewer surprises when it comes to trial. Some evidence that must be shared by the courts to the defendants is any statement made by the defendant to the arresting police officers, Audio recorded statements, Testimonies, any criminal record, Books, papers, documents, photographs, Information from a physical and mental examination. The offender has the right to know of any exculpatory evidence. That is evidence that goes in favor of the offender and can usually help clear him. The Courts don’t typically want the government covering up any evidence that could help prove the defendant didn’t commit
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
So for an example, the investigator can say, this is a murder, the person was stabbed, and the motive was this person was caught having an affair. After the investigator comes up with his hypotheses he/she will then test it, if the evidence does not support his/her theory then he would start over on figuring out what, why and how it all occurred.
In summary of jury tampering anyone could be a part of temporary including an attorney, plaintiffs, defendants and members of the public that have an interest in the case in trial ("What is Jury Tampering? (with pictures)", 2017). Court houses use several methods to reduce jury tampering requiring identification badges and the jurors are discouraged to speak with each other about the case during the trial and the bailiff keep a close eye on the jurors to make sure there no unusual activity among jurors ("What is Jury Tampering? (with pictures)", 2017). Occasionally the topics occur in the following discussion of public trust crime of jury tampering in the court of law trials.
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They have to make sure that before they entered the crime scene, nothing in the scene should have been moved. While they are going through a walk-through, they may have to construct theories about what happened in the crime scene based on visual examination. Investigators have to take photographs of the scene and will later on be collected. Taking photographs of the scene will help them solve the crime because there are some points of the investigation that investigators may have overlooked evidence, and that evidence could be found in the photographs. After taking photographs of the scene, they will start to collect clue and evidence that may lead them to their possible suspect(s). What they may find in the crime scene are fingerprints which can be done using colored powder and a brush, other thizngs such as blood, firearms, hair, glass and many more things that can be found in the crime scenes.