Saturday, November 2, 2019
Discussion Questions Assignment Example | Topics and Well Written Essays - 500 words - 5
Discussion Questions - Assignment Example The first step in the selection process is the generation of a master jury list. Rules of membership of a jury are common in most states and include citizenship, majority age, sound health, and freedom from a felony charge. The clerk then selects part of the list, based on the rules, into the Venire and notifies the selected individuals to appear before the court. Some of the potential jurors may however not be summoned. The last step in the selection is the scrutiny of the proposed jurors for competence and lack of conflict of interest into bias. The stage is called Voir Dire (Gaines and Miller 326, 327). The decision on whether to charge an accused or not, and which charges to make, remains at the discretion of the prosecutor. The prosecutor may however consider existence of probable cause and the possibility of arguing a case beyond reasonable doubt as legitimate reasons for the decision to charge or not, and for the charge to make (Gaines and Miller 287, 288). Weight of evidence defines the degree to which evidence offered in a trial process is valid and convincing. Strong weight of evidence implies a strong argument while a weak weight of evidence implies evidence and arguments that leaves doubt. Weight of evidence is used in a criminal trial to inform jurorââ¬â¢s decisions based on the doctrine of proof beyond reasonable doubt. A strong weight of evidence informs the jury high chances of decision for the argument towards a guilty charge. The jury, however, sometimes decides against weight of evidence (Erastus-Obilo 137). Circumstantial evidence is indirect evidence to a case at trial. The evidence may be used to establish likelihood of occurrence of an element of crime in order to support an claim but not to prove a fact. The type of evidence may also be used in a criminal trial, together with other substantial evidence, to establish a fact to the case (Gaines and Miller 334). I believe that the
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