5th Amendment Exercise

docx

School

Grand Canyon University *

*We aren’t endorsed by this school

Course

515

Subject

Law

Date

Nov 24, 2024

Type

docx

Pages

Uploaded by lovevillj

6th Amendment Exercise 6th Amendment Exercise Grand Canyon University: JUS-631 Exploration of Constitutional Criminal Law October 14, 2023, Constantinos Scaros 1

ASSIGNMENT TITLE HERE 1. In most cases, a child actor is managed by a lawyer and is supposed to make decisions for the business representative tax. The child is also expected to be in court due to the regulations that apply to him as a minor. These regulations allow the child to be considered a business entity and not a person. After the child's parents have agreed, the media should be allowed to cover the child's protection. However, if the attorney requests that no television news be shown in court, the judge might violate the family's desire. 2. In San Diego, California, a theft of less than 50 dollars is considered minor. The offender is not allowed to have another offense within the next couple of years. If the charge rises to 51 dollars, it will be sent to the jury for their verdict. The defendant has the right to present evidence that proves his or her innocence. The prosecutors can try to include members of the community in the decision-making process by offering a balanced explanation. For instance, if Sussan's case involves 50 violations, but she stole 75, she can still opt to present her case in front of the jury. However, Susan's lawyer argued that she cannot participate in the jury's hearing due to the violation. Sussan could enter a plea agreement and have the court look into her first-time offense. She could also avoid going to trial by pleading guilty. 3. The RICO Act was established to address the corruption in the country. After the law was passed, federal prosecutors can now bring cases related to organized crime. It has been estimated that 35 crimes can be charged under this statute. Unfortunately, due to the logistic issues of the government, many RICO cases can be dismissed. The RICO Act of 1970 made organized crime a federal offense. It was hard for Gary Lipsho, as he faced the justice 2

ASSIGNMENT TITLE HERE system due to the court's ruling in his case. According to Wineglass, the indictment was invalid because of the amendments made to it. 4. The trial of Mr. Jose Rodriguez was not violated as he was not able to confront his case due to his obligation to attend to his son's championship baseball game. If a violation occurs, Mr. Rodriguez should have confronted the court to explain his actions. Instead, he neglected to present his case. This is a severe example of a bad citizen. 5. In a criminal case, the prosecutor's arrangement is predicated on the various activities that occur during the pre-trial phase. For instance, Tony Bendit has to witness Stomas Jones again. During this time, the lawyers try to gather information about the case. They then approach the Judge and file a motion. 6. Zerax falsified documents in order to maintain his right to a jury trial and counsel. The right was violated due to the stolen or suppressed evidence. He can claim to have found proof or make a motion for the trial based on the police's failure to produce evidence. The police asked for a handwritten sample, which was not allowed under the Sixth Amendment. Mr. Opal then argued that the police violated this amendment by not following proper procedures. In 2015, a court ruled that a defendant cannot make a statement as a result of being indicted. This means that the police must show the drug evidence to the defendant as proof. 7. Mr. Pepper, the attorney for Mr. White, will not argue that his client was forced to beat his wife because she had failed to end her affair with a neighbor. Although he considers this to 3

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

ASSIGNMENT TITLE HERE be a non-frivolous issue, he decided that it would be irresponsible to argue the justification for the beating. Mr. White is appealing his lawyer's failure to follow his client's instructions and the violation of his Sixth Amendment right to counsel. He is a civil case, but he is also a criminal defendant because he physically attacked his wife. Under domestic violence cases, the victim has the right to ask the criminal to explain his or her actions. Pepper was not a poor lawyer, and he was bound by the court's rules in this case, as the victim was a domestic violence victim. Domestic violence isn't justifiable if the attorney followed the court's order. 8. The filing of a motion for a continuance of the legal proceedings in California with regard to a criminal case is done with the approval of the court, and it provides an advantage to the client by allowing another attorney to serve as the agent for the continuance. Generally, the court does not have to give any reason for granting the motion, and in most cases, it can approve it. However, it can also believe that the continuance is unnecessary and could delay the procedure that was established before the claim was submitted. 9. Inmate Laura Fleckle is required to provide a counselor while she's in jail. Although she claims her constitutional rights were violated, she'll still keep quiet to remind herself of her privileges as a citizen. In addition to having the right to provide a valid address and proof of insurance, an indicted individual has the right to decline to answer questions from the police if they're asked another question. Laura Fleckle refused to answer a question when she was asked it by the police. She then claimed that the police violated her constitutional rights. 10. In response to Mr. Lanis' claims that his rights were neglected, California's Administrative Office Court has allowed him to place up to twelve counselors in the courts to save money. The court's request to the NCSC to investigate the effect of reducing the jury count on the 4

ASSIGNMENT TITLE HERE jury's advantage and the impact of citizen inquiries on the cases was denied. The reduced court was able to save the court resources and the justice system money. In addition, Mr. Lani’s case did not violate the Sixth Amendment. 5

ASSIGNMENT TITLE HERE Reference Harr, J. S., Hess, K. M., Hess Orthmann, C., & Kingbury, J. (2017). Constitutional law and the criminal justice system (7th ed.). Boston, MA: Cengage ISBN-13: 9781305966468 p435 https://halo.gcu.edu/courses/JUS-631-O500-20230608/class-resources DMV 2023., Driving under influence DUI. https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety- guidelinesactions/driving-under-the-influence Toni Matthews-El., 2023 Guide What Happens When You Get A DUI? Forbes Advisor https://www.forbes.com/advisor/legal/dui/what-happens-when-you-get-dui/ Judicial Branch of California., 2023 California Courts Self-guide https://selfhelp.courts.ca.gov/es/node/1600 California Courts., 2023., Statute limitations., The judicial branch of California https://www.courts.ca.gov/9618.htm?rdeLocaleAttr=en Patrick M. Garry 1995., Action for Children's Television v. Federal Communications Commission THE FIRST AMENDMENT ENCYCLOPEDIA., PRESENTED BY THE JOHN SEIGENTHALER CHAIR OF EXCELLENCE IN FIRST AMENDMENT STUDIES https://www.mtsu.edu/first-amendment/article/989/cameras-in-the-courtroom The Superior Court of California, 2023 Santa Clara County) https://www.scscourt.org/self_help/criminal/misdemeanors.shtml#Arraignment NC Prosecutros Resource Online., 01/04/23., 121.1Failure to Appear., FTA, OFA, and V/L https://ncpro.sog.unc.edu/manual/121-1 Don Samuel., Right to Counsel., 2015., Fellers vs. United States, 540 U.S. 519 (504) 6

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

ASSIGNMENT TITLE HERE https://casetext.com/analysis/confession-right-to-counsel 7

5th Amendment Exercise

Related Documents