Assignment

Assignment

Part 1

Exploring the American criminal justice system has to face some difficulties, because the U.S. operates 50 separate, independent judicial systems of the states (dualism of criminal law: federal and state) (similar systems exist in the District of Columbia and the Commonwealth of Puerto Rico. There are also territorial courts in the Virgin Islands, Guam, American Samoa and the Northern Mariana Islands area) and the federal judicial system. The latter does not include the state court systems, and operates in parallel with them. All of their associates, only one - it powers the U.S. Supreme Court to review cases on appeal.

Thus at the heart of the criminal procedure law is U.S. English system of common (case) law, i.e., the law created by courts, which combines with the provisions of statutory law.

Due process requires that each defendant was afforded the right to counsel in cases of felony, considered in the federal courts and state courts.

Statement by the accused of his guilt in committing a crime can be accepted by the court only if it was made ??voluntarily and after performing certain procedures. The recognition of guilt should be considered invalid if the judge determines that it was obtained by fraud or coercion by the prosecutor, the defendant as a result of any promises of benefits or due to the fact that the defendant relied on the erroneous advice given him a lawyer, are on service of the government.

Statement by the accused of his guilt could be recognized as legal fact only if it was made voluntarily, that is, no suggestions, temptations, threats, promises or coercion on the part of officials. Therefore, the court may accept a statement of guilt, if:

The defendant had counsel;

A statement of guilt he has made in open court;

Reduce the severity of the correctness of the charges (for example, by "the recognition of the transaction") is not in doubt, since it is not contrary to the behavior of the accused;

The court found that the statements of the accused of his guilt there are specific reasons.

Confession made by an accused in a court of law is regarded as a fact that makes it unnecessary to the review and evaluation of evidence, because that statement eliminates the dispute between the prosecution and the accused. Therefore, the court may proceed to sentencing "based on own confession."

The exceptions are cases where the alleged crime is punishable by death. In these cases, the court usually recommends the defendant retracted his confession, which gives the court reason to consider the case with a jury.

If the defendant refuses to make the court a statement of his attitude to the indictment, the judge fixes a failure as a plea of not guilty.

The defendant has a constitutional right to have his court tried by jury. However, he said, if desired, may refuse this right by making a statement to the judge. In this case, the judge will hear the case alone.

The judge has the right to decide that the case should not be viewed solely as a ...