The nature of the crime the defendant is accused of will also determine the amount of bail. A relatively minor offense will garner a lower sum of money than a serious crime like murder.
Q4. State and explain the two (2) types of immunity that might be offered to an individual when that individual is compelled to testify before a Grand Jury.
Two types of immunity that exist are use and transactional immunity. Immunity is conferred to protect the witness from being indicted and thus protected from testifying based upon the witnesses' Fifth Amendment right to not incriminate him or herself. "The states grant either form of this immunity, while the federal government grants only use immunity. A witness with use immunity may still be prosecuted, but only based on evidence not gathered from the protected testimony" (Use immunity, 2011, Legal Dictionary). Use immunity prohibits the witness's testimony from being used against that witness in any kind of criminal prosecution. In contrast, transactional immunity merely prohibits the witnesses' compelled testimony from being used against him or her for that particular crime, not for all offenses. "The difference between transactional and use immunity is that transactional immunity protects the witness from prosecution for the offense or offenses involved, whereas use immunity only protects the witness against the government's use of his or her immunized testimony in a prosecution of the witness -- except in a subsequent prosecution for perjury or giving a false statement" (Transactional immunity distinguished, 2011, Criminal Resource Manual).
Q5. State and explain the grounds upon which a defendant might make a motion for a change of venue of his or her trial.
In most instances, the appropriate venue of criminal trials is deemed to be the district or county in which the crime was committed; in civil trials, the most appropriate venue is considered to be "the county or district where important events related to the case took place, such as the signing or performance of a contract or the accident or other incident that led to a personal injury case" (Change of venue, 2011, Nolo). Changes of venue may be granted "for the...
The officer stopped and searched the three men, and recovered arms from two of them. Terry was found guilty of having covered arms and was send to prison for three years. Is the investigation and confiscation of Terry and other men against the Fourth Amendment? The Court in an 8-to-1 decision held that the investigation done by the officer was sensible under the Fourth Amendments and that the arms
4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should
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Microsoft Anti-Trust Issues Issues in anti-trust cases tend to be very complex and technical, but in the case of the government vs. Microsoft, they are quite understandable. The government alleged that Microsoft used predatory pricing tactics to destroy competitors and eliminate competition in the marketplace. They were also accused of erecting technical barriers within their operating systems to make it difficult or impossible for non-Microsoft software to run on Windows. In
This, of course, would represent one aspect of the resentment served to Salinas. The other aspect would be the significant impact of the economic crisis and the continued devaluation of the Peso. These things reflected on the ineptitude of a party seldom challenged as it should have been. To most, the failures effecting the whole of the nation had marked the need for a hastening of democratic reform, which would
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