In January, 2015, Adam Robinson was convicted by a jury on three charges of force sexual assault. The victim was an elementary school girl that lived in the apartment building that he worked in. The prosecutor committed several things that caused the case to overturn the conviction because of misconduct. The rulings of the case then were reversed, and a new trial was requested. The prosecutor’s misconduct in this case poorly affected Robinson’s right to a fair trial. One of the most important rights of any criminal defendant is the right to a fair trial, even if they are guilty or not. A fair trial allows the defendant to remain silent during the trial, and allows them to not have to testify at their own trial, according to the 5th Amendment. …show more content…
First she declared that the burden of proof was on the defendant. With a lack of solid evidence, the prosecutor attempted to then try and get the defendant to prove his defense since it was all based on accusations at that point. The defense was stating that it was all staged by the mother, who was suspected to be mentally ill. The prosecution denied that claim and said that the defense was arguing matters outside and unrelated to the case, when in fact it could have been related to the case as a solid defense. When the time came for the witnesses to be brought forward and testify, the prosecutor vouched for the witnesses. In doing so, the prosecutor could have brought on unreliable witnesses for the testimonies. In this case, she vouched for the girl who is the victim of the abuse. She spoke on the phone and gave an answer for the little girl, which nobody else would be able to give credibility to the fact that it actually happened or not. They would just need to take it on faith that the prosecutor was telling the truth, which was not good enough in the …show more content…
"If the Defendant confesses to the defense attorney in the hallway this morning, the defense attorney’s job is still to do the best job he can to defend him." This was an attempt to try and sway the jury into looking down upon the defense attorney, which will still defend their client, even if they know they are guilty. I believe that whether or not the client confesses his guilt or not, the defense attorney should still do everything to spare his client, just like how the prosecution will try everything legally possible to try and get a
RESPONDENT’S ANSWER In response to the first issue, Marshard explains “my file notes state I met with Mr. Sylvia to explain that the Court would appoint him an attorney to explore his 5th Amendment right and to discuss with him whether he wished to waive or assert that right.” Marshard maintains that she wanted Silvia to know he was a victim in this matter and not a defendant. She states this was important because “(1) the pending clerk’s hearing where charges were being pursued by Mr. Petersen and (2) Mr. Sylvia had often been a defendant when the court appointed him an attorney.” Marshard claims Silvia “does not always appear to accurately grasp the situation.”
Crime Description This paper will analyze the murder of Vanessa Pham by Julio Miguel Blanco-Garcia. Around 3:30 in the afternoon on June 27, 2010, as Vanessa Pham was leaving a nail salon in Fairfax Plaza Shopping Center when Julio Blanco-Garcia approached her. Blanco-Garcia, high on PCP and carrying his infant daughter, told Pham that he was having a medical emergency and asked her to drive him to the hospital. Vanessa agreed and allowed the two into her car.
On January 3, 2016, defendant James Baskin along with Tyron Taylor was accused of killing Larry Ellis Jr. The victim Larry Ellis Jr. was shot multiple times in the chest and was pronounced dead at the crime scene around 4:00 am. It was said the shooting took place because they were trying to rob him for drugs. Allegedly, Mr. Ellis gave Mr. Baskin a dipper which is a cigarette dipped in PCP.
The use of testimony from a credible source strengthens Krakauer's argument, identifying the favoritism within the judicial system. He uses this testimony to synthesize ideas from other court cases, for example, the case of Alison Huguet, a college girl struggling to receive justice, after being raped by football player Beau Donaldson. Krakauer writes, “‘It was
The problem is that the criminal court was not able to find a man clearly guilty of murder guilty, yet the civil court was able to come to the true verdict without confusion. Therefore, if a lawyer can prove a clearly guilty person, not guilty, then a lawyer can prove an innocent person guilty just as easily. The justice system is supposed to prevent this, but an innocent person should still fear that there might be a lawyer capable of and a court ignorant enough to convict the
Ewell v. Robinson, The Rape Case that Rocked the Nation By: Hailey Ellwanger After hours of jury deliberation, the case of Ewell v. Robinson has reached its conclusion. The jury finding the defendant Tom Robinson guilty of raping Mayella Ewell. This case is a prime example of the injustice that can occur when juries listen to their prejudices instead of the evidence. The two different sides of the story vastly differ, the jury ruling in favor of the Ewell’s.
The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
Eventually the involved jurors, declared that trial taught her to be more persuasive and that “some of the expert testimony about the children
Amendment 1 ¬ Freedoms, Petitions, and Assembly- This amendment protects religious liberties meaning there will be no law symbolizing a national religion or persecuting somebody if they chose to follow a certain religion. Under this amendment, citizens are also guaranteed freedom of speech meaning the right to express any opinions without censorship, the right to press meaning television, newspapers, magazines and other media sources can publish truthful reports, even if they may be controversial, without the government interfering, the right to peacefully assemble meaning someone can gather together with others without fear from the government that they are a mob, the right to complain, and seek assistance of the government without fear of
Hasty Generalization/ Conclusion (Dicto Secundum) The first fallacy is an example of a Hasty Generalization. A Hasty Generalization is when there is not enough information to draw a conclusion but one is inappropriately found anyway.
The Fifth is for The people In America it is understood that everyone has certain rights at birth that are God given and cannot be taken away by man. The first ten amendments to the constitution, the bill of rights, is a list of these rights. The fifth amendment of the Constitution in the bill of rights states “No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be put in jeopardy of life and limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor shall
The title refers to what the prosecution argument had to say about the evidence against Mary Barnett. On January 23rd , Mary Barnett left her home in Chicago to go visit her fiancé in San Francisco, California. Upon leaving her home, she left her six-month-old daughter alone, to die. After a week of being away from home, Barnett came back to find her baby, Alison, dead. She called the police, and in the moment, blatantly lied, and told them that she had left Alison with a babysitter.
It gives the accused the right to have an attorney present while being questioned. This amendment also allows for an attorney to be appointed for those who cannot afford one. Under this amendment, the accused must know the charges against them and the exact place the trial will be held. In my opinion, the right to counsel is the most important part of this amendment. Miranda’s rights is an example of how the fifth and sixth amendments changed criminal law.
6th Amendment I personally find that out of all the amendments the most important one is the 6th amendment. Reason being that it is crucial in aiding the judicial process from wrongly persecuting innocent people and it allows our democratic process to continue without preventing innocent people for taking the fall while punishing those who harm it. It keeps justice in check, keeping laws in line and rulings to be fair. The 6th amendment helps the defendants have an attorney when they are unable to afford one.
On June 20, 2001 five children were drown in a bathtub at a home in Houston, TX. The mother of the children, Andrea Yates, confessed to drowning the children. After an initial trial, an appeal, and a retrial Yates was found not guilty by reason of insanity and remains in a Texas state mental hospital to this day. For this research assignment you will write a 3-5 page paper (in MS Word or PDF format only) on the criminal elements used by prosecutors against Yates.