¶ … offices in the judicial system, e.g. prosecutor, private attorney, public defender, and comparatively discuss the origin, development, behavior and relatedness of each to the other person would be considered till such a time, innocent of a crime, in the U.S. judicial system when he or she would be proved found guilty in a court of law by a jury of peers or common citizens. On the functioning of the U.S. court system, we find that the important elements of a democratic society would be the presumption of innocence and a just and speedy trial by the jury. The framers of the U.S. constitution in 1787 established the judicial branch of government. This involves the administration of justice at each and every level. This would include administering justice on the basis of separation of powers to the local justice of peace and the magistrates and starting from the U.S. Supreme Court. More than that, the fourteenth Amendment to the Constitution, which was ratified in 1868, provides that no state shall hold the duty to make or enforce any law, which would affect the privileges or immunities of citizens of the United States. At the same time no state shall hold the responsibility to deprive any person of life, liberty or property, without access to the due process of law. Again the state shall not deny the equal protection of the laws to any person within its jurisdiction. In the criminal justice system, the offices of the public prosecutor, private attorney and the public defender hold prominence.
Let us first have a look at the role played by the public prosecutor. In the criminal justice system there is a very key role for the "federal prosecutor" to display. In the United States the prosecutors are the key roles in any court trials. They are the persons responsible for the initiation and conduct of proceedings in the case of proving criminal acts. It is their duty to have a review of all arrests made and looks into the complaints, which are filed. The prosecutor also enables in setting bails and making a negotiation of the plea bargains. The prosecutors also have the duty to recommend sentences in cases of those who are convicted. (Stuart 1997, 134). In the court of law the public prosecutors represent the federal government. Their duty is to prove that a company or person has been found guilty of having committed a crime. But it is for the federal prosecutor to see that he behaves fairly and provide justice to the concerned citizen of the country, remembering also that he or she is the representative of the court. Some of them are known as the "United States Attorney." The total number of them is 93. Each of them is appointed by the President then approved by the Congress and later the Senate confirms the appointment. The term of service for the "United States Attorney" is four years. Depending on the size of the state it may be divided into different area or "districts," each having a United States Attorney appointed by the President.
Normally, as soon as a crime takes place, the prosecutors are called for consultation on the procedure to be followed. In the Federal Government, the prosecutors are often assisted by investigators appointed by agencies in collecting and providing information to them. The Federal Bureau of Investigation (FBI), the United States Secret Service (USSS), the Bureau of Alcohol, Tobacco and Firearms (ATF) the Drug Enforcement Administration (DEA) are examples of such agencies. The investigators appointed by such agencies assist prosecutors in understanding details of the case by explaining to them the sequence of events at the site of crime, and about the witnesses. Many a time a number of such agencies are involved, but the prosecutor could even work with a single agency. (Stuart 1997, 135).
When once the prosecutor decides that there can be a case, it is for him to confirm by using all statements and information he has, that there is a "strong case" before the Government -- a case in which all the facts lead to a specific person or persons who committed the crime. Before coming to a final conclusion he considers direct and circumstantial evidences. The information provided by the witness who saw or heard a crime take place, or the video/audio tape of someone committing a crime, all are "Direct evidence or testimony." The information or statement(s) obtained indirectly, or not forming part of the first hand...
Criminal Justice System Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee
Wrongful Conviction of James Henry Henry James was only 19 years during his conviction for rape that he did not commit. It is after thirty years imprisonment that the realization of his innocence emerges thereby keeping it free. This case is a good example of the importance of evidence in the proceedings of a case. The imprisonment of the innocent man arose because of the little evidence that he had against
" This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" is a pivotal place to begin (Ruddell, et al., 2004). It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system;
Of course, it becomes a very difficult matter to overcome sparse levels of availability when they are encountered (e.g. In the more remote regions of Western Australia). Taken together, the issues suggest that the impact of availability policy on the use of alcohol may be as heterogeneous as patterns of availability themselves. The reduction of one outlet in an urban area has significantly different meaning and implications than the reduction
Judge Broderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that
The benefit of creating the term at this point is that lawmakers and prosecutors and defense lawyers will all be aware of the growth of the term as it moves through the judicial birth canal and is delivered in its full meaning, with all its parts in working order and ready to be tested at trial. Draft Corporate Manslaughter Bill Important as the corporate manslaughter bill is to many people, it
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