A Strategic Response to Draft Options Introduction Departments of law and other institutions have been at front line in the quest for justice. The justice is sort by a follow up of court proceedings with the involvement of the public, the defendants, prosecutors, plaintiffs and the jury. The jury decision is usually final, but the decision making is the most difficult task. The jury has to listen keenly to both sides, take in the evidences provided so as to settle on the blamelessness or culpability of the prosecuted. Such tasks are response-oriented and, therefore, it is vital to get a vivid case resulting to the difficulty in making compromising decisions. In this context, response from judges in a court jury, in Ohio, has led to resultant controversial options to both the public and the defendant at the case trial, thus, analyzing it will bring into focus the use of strategically placed responses to outline the juristic options. Case The Ohio Vs Roberts case of June 25, 1980 was one filled with controversy due to the opinions presented by the head of the jury during the case termination. This case involved Roberts, the defendant, who was accused of having a record of breaking the law. He was convicted for possession of drugs (heroin), being in possession of stolen items and forgery (Maltzman et al, 2000, pg 57). Others included the case were Ms. Isaacs, a witness and the Ohio State as the plaintiff. This case stirs up reactions incorporated from the state's strategic
Juries exists in the criminal trial to listen to the case presented to them and, as a third, non-bias party, decide beyond reasonable doubt if the accused is guilty. For the use of a trial by juror to be effective, no bias should exists in the jurors judgments, the jurors should understand clearly their role and key legal terms, and the jury system should represent the communities standards and views whilst upholding the rights of the accused and society and remain cost and time effective.
In his article, published in one of the most widely read legal publications worldwide, Robert G. Johnston addresses the dissatisfaction with the Grand Jury. He elaborates on the reasons of this dissatisfaction with the Grand Jury, how the courts reacted to this retrogression and like Anna Offit’s article, gives suggestions on how to best improve people’s view on the Grand Jury and why a jury can be of use to the courts.
Focal variables for this study were jury sentence, legally relevant case characteristics, trial characteristics, deliberation characteristics, first-vote preference distributions, and participants’ demographic characteristics. Devine and Kelly (2015) omitted some of the cases from their study.
The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.
In criminal law the most significant body in history is the Supreme Court. It is known as the “highest court in the land”. The landmark cases heard by the court are carefully chosen by the esteemed justices. The choices are usually based on cases that will have significance to more than just the parties involved in the case. They look at cases that will have a wide range effect for the country, and cases that lower courts struggled to come to a conclusion about. The case that was chosen for this essay was Ohio v. Clark. In this report the case will be summarized as well as discussed as to merits of the case and the decisions of the court.
The U.S. jury system is marked by its relatively strong credibility and positive public opinion. Two clear strengths of the jury system stem from this fact; the first being that juries generally reach reasonable verdicts on guilt or damages (in civil cases) and the second being that judges generally agree with the verdicts/sentencing recommendations reached by juries. However, the source of jury strength can also be a source of weakness. There is an explored by unexplained gap between judge opinion and jury opinion in some cases that leaves some scholars baffled (i.e. cases where judges and juries come to very different conclusions about a case). In addition to this, a sharp decline in juries resolving cases at both the federal and state levels
Attention all able-bodied men between the ages of 21 and 30! As of today, you are hereby required to register for the military draft at your nearest recruiting station. The Selective Service Act of 1917 was passed unanimously in both the House (398 - 24) and Senate (81-8) and has been signed into law by President Wilson today, May 18, 1917. The President and the United States Congress have agreed that a draft would be necessary to fill the ranks of the military for the war in Europe. Different from previous drafts, the military will no longer run the draft and jurisdiction will be handed over to the government. Men between the stated the age group must sign up for the draft. That does not mean automatic enlistment, however, as a random lottery
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Frank, M. (2011). Challenging Peremptories: Suggested Reforms to the Jury Selection Process Using Minnesota as a Case Study. In review.law.umm.edu. Retrieved November 29, 2014, from http://review.law.umn.edu/wp-content/uploads/2011/04/Frank_MLR.pdf
The role of trial consultants in each particular case differs. These roles can vary from solely assisting with jury selection to a full range of services including conducting community attitude surveys, determining the effectiveness of evidence that will be used in trial, guiding attorneys through what approach should be taken during the trial, and preparing witnesses to testify in court. The different roles are an integral part of trial consulting as defined by the field of psychology. Field consultants are said to provide insight and guidance on the case through the roles described above. To determine if these roles described are that of the real world this paper will be discussing one case in particular that highlights the differing uses for trial consultants, the O.J. Simpson trial. Simpson was a former professional football player, idolized and known by many, who was tried for the death of his ex-wife, Nicole Brown, and a family friend, Ronald Goldman (Ford & Newton, 1994). Many people know this trial because of the high level of media attention it received but what is unknown to various people is the work that was put in by trial consultants Jo-Ellan Dimitrius and Don Vinson. During this trial, the consultants focused mainly on assisting with jury selection, conducting community attitude surveys, and guidance on trial strategies. The trial consultants had to find a way to work around
There are numerous factors in a courtroom trial that can significantly affect the verdict reached by jurors and can potentially influence whether the perpetrator of crime is ultimately convicted or is acquitted. In this essay I will explore several of these factors including how the personal characteristics of the defendant (e.g. attractiveness, gender and race) persuasion techniques (e.g. order of testimony) and jury characteristics can determine the conviction of a criminal.
In any culture there are items that need constant address in terms of how they affect the people in that culture. Friedrich Nietzsche has tactics in comparison known as Apollonian concepts vs. Dionysian aspects. There are pieces that need each other, and other items that show striking differences that destroy another. Looking at culture, one of the most vast and complex cultures is in America, with the mix of people and ideas from other countries; there is no real ethnicity as well. To view these in a setting that has many of these differences, there is American sports of baseball, basketball, football, hockey, and other lesser known sports. Many American love these sports and uses them as a method to come together and hang out with friends,
When the offender is accused of an offence, he or she gets to choose if he or she wants to have a trial by judge or jury. For instance, take into account the evaluation of the pros for a trial by judge. When an offender chooses the trial by judge this allows the offender to direct more of their attention directly to the judge. This will allow the offender to place all their evidence and emotions onto the judge’s hands. When choosing a trial by judge the offender often defends their self, which could lead to a guilty verdict because the offender
As senior year continues on, more and more members of my class are turning 18. As we legally become adults, we wait for something that makes us feel like an adult. For ladies, nothing really happens. For the gentlemen however, they must sign up for the selective service. The selective service has been a mandatory part of a young mans’ right of passage for almost 100 years, and in that time a draft has only occurred four times. In modern times, no young man even thinks about the draft, because to him, it is a piece of history, and not something of the present era. This idea brings up the question of whether the draft should still be in place, and where or not women should be required to sign up as well.
There is pending legislation in the House and Senate (twin bills: S 89 and HR 163) which will time the program's initiation so the draft can begin at early as Spring 2005 — just after the 2004 presidential election. The administration is quietly trying to get these bills passed now, while the public's attention is on the elections, so our action on this is needed immediately.