Friday, November 1, 2019
Court Procedures 4 Essay Example | Topics and Well Written Essays - 1000 words
Court Procedures 4 - Essay Example Self-presentation ensures that no lawsuits of defamation or false witnessing will ensure once the trial is completed. The most important point in this chapter regards the right to a counsel to represent the defendant. This is important to understand because the work of the counsel is to offer guidance to the defendant from the time he or she is arrested until the end of the trial leading to a dismissal or conviction. Chapter eight has the case of Premo v. Moore 131 S. CT. 733 (U. S. 2011) where the defendant filed a petition for a writ of habeas corpus under the Sixth Amendment stating that his counsel offered ineffective assistance to him. The District Court denied the writ but the court of appeal reversed the decision. The Supreme Court granted certiorari to the inmate but ruled that the habeas could not be granted because there was no proof of the attorney being prejudiced or showing deficient performance which are the requirements of granting this writ against the attorney. The inmate before conviction and confession to the police confessed to two witnesses about committing the crime (Robertson and Wallace, 2013). The rules are established on the evidence being presented to the judge or jury to provide a fair hearing as well as prevent prejudicial decisions being made by the jury. The rules also prevent errors being made during the ruling which may affect the outcome. Some of the rules of evidence include the jury not being present for the presentation of the evidence in some states while in others the prosecution and defense are encouraged to object any evidence being provided if it will to the jury making prejudicial ruling. The rules in these cases ensure not only a fair hearing but also ensure that no innocent individual will be wrongly convicted due to the evidence provided. Chapter 10 has the most important point as being that of hearsay which should not be considered in some cases but still is. It is important to
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.