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Wittaler [7]
2 years ago
15

Jesse james, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for pr

osecuting mr. James. You announce your decision not to seek the death penalty in this case, but under your state?s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community. Provide an overview of the various courts in the typical state system where mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may.
Law
1 answer:
Nana76 [90]2 years ago
7 0

It is important to note that various states use various metrics. In general, states adhere to some form of the federal procedural norms. States do have the freedom to take risks in the sake of justice.

<h3>What are federal procedural norms?</h3>

Civil process in United States district courts is governed by the Federal Rules of Civil Procedure.

The Rules Enabling Act requires the United States Supreme Court to promulgate the FRCP, after which the United States Congress has seven months to veto the rules or they become part of the FRCP.

<h3>Further overview on the above legal situation is as follows:</h3>

At the first stage of the "trial," the defendant must submit a plea. This is frequently followed by a first appearance or preliminary hearing, which may involve a plea if evidence is discovered.

If there are compelling reasons to proceed, a grand jury will be formed to conduct more investigations.

A grand jury must provide evidence that justifies a capital murder trial. The district attorney's office has the same authority. The defendant is then asked if he understands the charge at a pre-trial arraignment.

A plea can also be entered here at times. If the evidence merits it, a formal writ will be sent to the court, signaling the start of a trial.

Following that, pre-trial hearings are held, and witnesses may be questioned. If the defendant claims to have an alibi, he must normally produce documentation. He must describe in full where and when he was when he was exonerated from the crime.

A mental examination may be conducted in some circumstances, particularly in capital trials. There may be a demand that multiple-count trials be heard separately in order to avoid biasing the jury (guilty of the first, more likely that he is guilty of the second).

Deposits can then be made. These are largely out-of-court testimony from witnesses that will serve as the foundation for the defense or prosecution when the trial begins.

Depending on the stage, either of these processes can be considered part of the discovery process. The defendant's record is disclosed at this point, and specific objects of evidence are given over for the defendant's comprehension.

The "Pre-Trial Conference," a relatively new federal rule, is convened to agree on specific criteria throughout the trial. The goal is to speed up the trial and streamline the procedure in general.

The defendant might then request that the case be transferred to another jurisdiction.

Learn more about justice:
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