Compete both Part 1 and Part 2
Part 1 Answer Stated question anqd response to both classmate post.
Please select from one of the two options below:
Option 1: Is a trial a search for the truth or is it something else? Explain three procedural aspects that support your position.
Option 2: Is it possible to get a truly fair and impartial trial in the United States? Identify and explain three procedural safeguards that are in place to make sure that the process is fair.
Optional: What is the largest threat to a fair trial? Explain.
Please include the name of the person or question to which you are replying in the subject line. For example, “Tom’s response to Susan’s comment.”
Classmate 1 Allena
I believe it is possible to get a truly fair and impartial trial in the United States. There are procedural safeguards in place to make sure that the process is fair, including the voir dire process, the right to effective counsel, and speedy trial regulations. The voir dire process is a safeguard in place to best ensure an impartial jury. This process gives attorneys an opportunity to question potential jurors to get rid of those who may have biases. The jury itself is also a safeguard to make sure the trial is fair. The right to effective counsel is another safeguard in place to ensure a fair trial. Effective counsel is crucial to a fair trial because they know what pre-trial motions to file, they know about the trial and voir dire process, they know when to object and on what grounds, and how to properly argue the best case for the defendant. Speedy trial regulations are another procedural safeguard in place. This better ensures an outcome in a timely fashion, that witnesses will be available and will remember what took place, and that a defendant isnâ€t potentially sitting in jail for a long period of time waiting for trial. Justice for the victim is also best served when it is in a timely fashion. This is not always possible, and sometimes defendants waive their right to a speedy trial for one reason or another, but it is always the goal to have cases adjudicated as quickly as possible.
In my opinion, the largest threat to a fair trial is ineffective counsel. As I described in more detail above, effective counsel is crucial to a fair trial for multiple reasons. It is one way that we know someone is looking out for the best interest of the defendant throughout the entire process. Without an effective defense attorney, could we truly ensure a fair trial?
Classmate 2 Kathleen
A criminal trial in one sense is in search of â€œbeyond a reasonable doubtâ€ that the accused is guilty. There are many steps that take place before hand however I am naming three that I feel are important. The first being the plea. How does the defendant say, guilty or not guilty? In order to do that it is first necessary to find a judge and put together a jury. Having a jury is a constitutional right given to everyone and it is the opportunity for both the parties to explain what evidence they have that would give the defendant an innocence or guilty verdict. Opening statements. A search. What does the prosecutor present that would lead the court to show that they think the defendant is guilty of a crime? The defendant than states facts as to their interpretation of what happened. It is not in order, but a third important part of the trial is the closing arguments made by both parties. Each has a chance to present why or why not there is no burden of proof that is guilty as charged. Presenting evidence and the witness testimonies are important as well but I close opening and closing statements which would include the evidence as well as the witness recap that was presented. In the end, the search is what is either/or.
Understanding due process in the trial process is very complex and extends not only through the process of investigation and prosecution of the accused, but also to the sentencing and punishment phase of the system.
For this assignment, you will be required to select one of the three subsections of sentencing safeguards (bifurcation, proportionality, or cruel and unusual punishment) and create a PowerPoint presentation that outlines the evolution of this protection starting with the Constitution and tracking the case law that shapes the modern application of the safeguards in criminal procedure.
Imagine that you will be presenting this to an audience in a room with the presentation projected on the wall. Make sure that all your fonts are at least 28 points, and that you have reduced the amount of reading to a minimum. The notes section of the PowerPoint should contain your narrative that is essentially a script for the presentation.
Graphics should be used as needed and be professional. Use the availability on the slide wisely, and remember that you have someone in the third row trying to see what you have created, so choose a background that will provide a high contrast with the text.
It should be a minimum of 10 slides, but no more than 15 slides, not counting the title and references slides. The case law should be restricted only to US Supreme Court cases with rulings that deal with the sentencing safeguards from the lecture material.
Each slide must contain at least four bulleted items of information.
You must follow APA guidelines for the citation of your sources, both in-text and on your reference slide.
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