This practice must stop. The juries in the county courts were exactly like the ones in Law and Order. One would hope that the justice system would exist in a world of logic and reason and facts. Time is the enemy. We all know that the first job of any politician is to get re-elected.
Trial by jury is a constitutionally guaranteed right, and the jury is the foundational bedrock of the justice system, so I doubt there is anything to be done about it ———- except maybe request a bench trial. But in the meantime, the Innocence Projects and other concerned and caring people, will need to keep working their hearts out treating the symptoms, and hoping some day we can cure the disease.
Lawyers have to think of every single bias that could come into the final decision, so at times the questions get quite interesting and funny.
In addition, prosecutors will refuse to release evidence, and will fight for years to prevent further scientific testing. Time to Upset the Apple Cart. It was interesting to see what kind of questions the attorneys asked the potential jurors and how they fit into the trial once more of the details were divulged.
Being on jury duty is probably a challenge for many since it is nothing like what they have ever had to do in life. Nifong also witheld evidence.
This post will be comprehensive and quite long — so, buckle up, and here we go. She spent hours with her attacker, and made a concerted, deliberate effort to memorize every detail of his appearance. And while some many? He is the author of " The Time for Justice. The justice system deck is heavily stacked in favor of the prosecution.
When I first came in to the courts, I thought that this sort of questioning would take away and detract from choosing good members for the jury. Their motivation is profit. Point 4 — Police The police — I do not envy them their job.
Despite all of the unexpected, one aspect of the courtroom was very similar to what I see on television: But, that is how the system works and the views of the jury have been more often correct than not.
When an attorney ineptly bungles a case, or breaches ethics with a conflict of interest, there is a decided lack of accountability and consequences. Point 3 — Judges My experience tells me that judicial misconduct is rare, but judicial bias may not be.
One is too many. Very few people in the United States today would be able to sit and listen to a dispute for hours without giving their own advice to each of the parties. There have been legislative advances made, like Ohio SB77which sets a new standard for other states to follow in bringing improvements to their criminal justice system, but SB77 was a long and agonizing struggle, and there is so very far to go.
Even during jury selection when it was evident that the potential juror may have felt as if he had been The police, early on, can convince themselves that they know who the real perpetrator is, and then the rest of the investigation just becomes an exercise in confirming to themselves what they already believe — at the expense of missing or ignoring or even hiding exculpatory evidence.
It is a part of our American culture. So who is the real expert, and who should the jury believe? At times my experience was interesting and fun, but more often it was boring and not so much fun.putably a legal system."'9 The "union" of primary and secondary rules may be regarded as the "essence" of law," 0 for a modern munic- ipal legal system will combine both kinds of rules, and the second.
The Essence of Our Legal System Spending time in the courtroom is definitely not like spending time in front of the television set watching Law and Order. In fact, the two are really nothing alike.
A room full of observers and people invested in the case usually does not present itself in the actual courtroom. The government does not monitor itself, and therefore does not hold itself accountable on any level.
This applies to all facets of the government but significantly more so in the criminal law system, which is further exacerbated by the legal protection provided to prosecutors and judges. In essence they are formally and officially non-accountable. What are the "three conjoined elements" that make up the legal essence of the concept of crime?
The three conjoined elements that make up the legal essence of the concept are: the criminal act, a culpable mental state, or mens rea; and a concurrence of the two.
Aug 10, · Through our mastery of time, the judicial system would derive great strength, ensuring future generations of Americans of their freedom. Anthony V.
Curto, is a Senior Partner at Forchelli, Curto, Deegan, Schwartz, Mineo &. COMPARATIVE METHOD: COMPARING LEGAL SYSTEMS AND/OR LEGAL CULTURES 59 culturally and historically ingrained’ [Du Plessis v De Klerk 5 BCLR (CC) para 19] in the professional discourse and outlook.”59 Comparing legal cultures gives the researcher/judge a more realistic look at the legal system that is investigated.Download