Disqualification Motion and Hearing The Conference of County Court Judges of Florida is committed to the betterment of the judicial system of the state and the improvement of procedure and practice in the county courts. This bench book is divided into separate chapters - each with certain sections for ease of use.
The trial begins with the arraignment, which is the formal moment where the military judge advises the accused of their rights and asks them for their pleas of guilty or not guilty.
In a case that has not already reached some form of plea bargain, this is the time that a schedule for the process of the trial—including discovery, witness requests, litigation of motions, and setting of trial dates—is set. The accused has the option to either enter pleas at this time, or to reserve entry for a later date.
After this time, the accused is required to be present for all subsequent proceedings. The accused can choose to be tried by 1. All decisions concerning guilt or innocence are made by a two thirds majority vote. As in civilian trials, military courts provide the opportunity for extensive pretrial challenges and litigation prior to the case going to trial.
The Trial The Guilty Plea: Most often, the agreement will require election of military judge alone as a forum, and both the plea and the sentencing phase will be conducted by the military judge. In the course of negotiating a plea bargain, it is possible to 1. Plead guilty to less serious offenses; or 3.
The military judge also discusses the terms of the pretrial agreement with the accused to ensure that all parties understand and agree to its terms.
Finally, the judge enters his findings. After the entry of findings, the parties have the right to present evidence on sentencing. The accused has the right to present extensive evidence surrounding the offenses and their background, life, and experience to help the military judge to decide an appropriate sentence.
Include in this right is the right to call witnesses and to testify under oath, make an unsworn statement, or remain silent.
After argument, the military judge determines the sentence. That sentence in turn is impacted by the terms of the pretrial agreement. If the judge gives the accused less than the agreed bargain, the accused receives that sentence; if the judge awards a sentence greater than that in the pretrial agreement, then the accused receives the lower of the two.
A contested court-martial bears all of the hallmarks of a traditional jury trial. The defense is permitted to challenge the evidence through cross examination and by presentation of their evidence.
They then close to deliberate. If the accused is found guilty of any offense, then the members next receive evidence on sentencing as described above. The parties argue, the military judge instructs then on the law, and then the members deliberate and vote on sentence.
The accused, through counsel, receives a copy of the record of trial, and is permitted to 1. These matters must be considered by the convening authority before he acts on the case.
Prior to the convening authority taking his final action on the case and forwarding it to the appellate courts,his chief legal advisor is required to conduct a legal review of the case and respond to matters raised by the accused in the submissions described above.
This must be served on the accused, and the accused has an opportunity again to respond to the recommendation and to submit additional matters. The accused has the right to detailed appellate counsel provided by the military, as well as the right to retain civilian counsel.
For those cases that do not qualify due to length of confinement or discharge, the accused can submit an appeal to the Judge Advocate General of the service for review of the conviction and sentence. What should you do? The process describe above reveals a complex and challenging legal system that has its own subtle nuances separate and apart from the civilian system.
Navigating this system requires experience, understanding, and a aggressive approach to representation.Describe how jurors qualify and are selected for service in a criminal trial. (10 marks) Explain the work of lay magistrates in the criminal justice process. (10 marks) 1 8 Discuss either advantages or disadvantages of using lay persons (lay magistrates and jurors) in the criminal justice process.
Dec 02, · The following are exam questions and a suggested plan, designed to help you plan your revision and approach to these questions. Katie has been charged with assault occasioning actual bodily harm (ABH), an either way criminal offence.
Briefly describe the role that magistrates and jurors might play in her case. (10 marks) Plan: .
Persons who are serving as grand or trial jurors in any court of this state Persons who are the subject of conservatorship If you received a summons for jury service but are not qualified due to one of the above reasons, you must complete the disqualification statement on the jury summons and return it to the clerk prior to your service date.
Below, we have put together a short list of things a private investigator can do. The fact of the matter is that each case we get is different and needs to be approached differently, so it’s difficult to describe what a private investigator can do in a short sentence. à gogo in abundance.
In French this is colloquial. à la short for à la manière de; in the manner of/in the style of à la carte lit. "on the card, i.e. menu"; In restaurants it refers to ordering individual dishes rather than a fixed-price meal.
Courts-Martial: A frightening phrase. Quite often, the term court-martial is shrouded with mystery, heightened by stories from history and the distortions of movies and other mass media.