Survey of Law Final Study Guide Essay

Severance works somewhat differently in federal criminal trials because this case involves the indictment of more than one defendant Jones, Walsh and Bert. In Bert's situation, the defense attorney is an argument is when a joint trail might be unfair against Bert or reaching a decision on the rape charges. Severance is not automatic the Federal rule 14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful, Bert;s defense motion for severance must show that concerns for Bert's right to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking severance arises when the defendant (Bert) wishes not to testify on all counts in the trail but chooses to claim his Fifth

The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly

During the course of the debate within the jury room Juror #8 summarizes the evidence presented and the conclusions drawn by his fellow jurors, by asking questions. He analyzes the content, by breaking down the component parts and analyzing each

The rule of being innocent until proven guilty is promoted in the eighth amendment as well. That mean the person being charged shall not face jail time until it is proven that they have done the crime.

an explanation of why and how each decision was made throughout the entire trial. The basis

* Motions to Dismiss - These are the defense's response or answers to the plaintiffs complaint. The responses are typically filed as motions and are intended to dismiss the claims expressed in the complaint.

The sixth amendment give me and many others the right to a trial where I can defend myself ,if I so choose, in many ways. It allows the jury to hear all the witnesses and see all the evidence so the jury can't be biased and must hear all of the evidence and witnesses. It also gives us the ability to attend our own trial and not just have to sit out and watch from the background we can be there openly. We also have the right to be able to see hear and confront the people testifying against me. So all of these rights in the 6th amendment allow us to do many things and protect ourselves.

The appropriate careful and sincere discussion in regards to the trial is participated in by most, however, other are unable to dispose their own personal opinions. Jurors 8, 9, 11 and 4 for the most part show more strongly than the others, a logical point of view. These jurors take their duties very seriously and make their decisions based on the dissection of the evidence give. Juror 11 demonstrates this logic through the comment “we have nothing to gain or lose by our verdict.” This reasonable stance is used in Rose’s construction to align the audience with these Jurors as they value both human life and the American court system. These qualities are conveyed as important by Rose through the creation of this play. Conversely Jurors

This amendment was introduced after the Bruce Burrell case (2005) where, after two weeks of deliberations, all jurors were firmly in favor of one verdict except for one who was firmly against the majority verdict. The case illustrated the vulnerabilities of the previous jury system in creating a time and cost ineffective measure of trialing defendants where justice was not necessarily achieved. Another recent reform is the passing of legislation in 2006 which provided three additional ‘spare’ jurors to be empanelled on lengthy criminal trials for example in the case R v. Wood. These recent reforms in legislation have led to the jury system being more cost and time effective in the criminal trial. Allowing a majority vote instead of strict unanimous verdict reduces the risk of a hung jury and hence prevents jury bribing and jury disagreements. By avoiding a retrial, the criminal trial process saves huge amounts of time and money for all individuals involved and hence maintains the integrity of the jury system. Equally, allowing spare jurors in lengthy trials is hugely cost and time effective as retrials are often avoided in the case where there is misconduct amongst the jurors.

The first phase of a criminal jury trial is focused on selecting specific jurors, which is accomplished through a process referred to as 'voir dire' which is a screening of potential jurors. In the criminal trial involving an offense categorized as a felony "12 jurors and up to six alternate jurors may be chosen." (3rd Judicial District, ) Voir dire of the jury involves the prosecuting and defense attorneys questioning the potential jurors and

Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based

It is the right of every citizen in this nation to have his or her case decided by a fair and impartial jury. The selection of the jury panel is one of great importance and one that can have a great effect on the outcome of the case. Therefore, it is obvious that the attorneys have a

Severance works somewhat differently in federal criminal trials because this case involves the indictment of more than one defendant Jones, Walsh and Bert. In Bert 's situation, his defense attorney will provide an argument that a joint trail might be unfair against Bert or reaching a decision on the rape charges against him. The Severance is not automatic because the Federal rule 14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful, Bert’s defense will to fill a motion for his severance which must show the concerns for Bert 's right to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking severance for Bert arises when Bert wishes not to testify on all, some or any of the charges in the trail but chooses to claim his Fifth Amendment privilege on one or more charges. The separating by court order, such as separate trials for Bert, Jones, and Walsh who are charged with the same crime, or trying the negligence aspect of the rape charge or any other charge before the trail. Such division of issues in the trail is sometimes called "bifurcation." ("Burton 's Legal Thesaurus," 4E. (2007).

Even though the defendant may not be in jail, they still will have to be present on the

It is the right of the jury to judge what the facts are, what the law