Every aspect of our society has varying proponents. Nothing goes without refute. This is evident in politics, economics, and history. An exemplification of this may be presented through our court system. Court proceedings vary based on the nature of the hearing. Civil cases drastically vary from criminal cases. Numerous distinguishing features of the major court systems may be rendered once observation is made. Elements and components of the court system may be identified through research and review of the case, Dwayne Giles v. California.
Dwayne Giles v. California illustrates a major criminal court proceeding in California. The case took place on January 22, 2008. The final decision regarding the case was made on June 25, 2008 (Hussain, 2009). Dwayne Giles v. California was decided by the Supreme Court of the United States. Giles was charged with the murder of Brenda Avie. Dwayne admitted to shooting Avie six times. However, Giles suggested that the act was self defense (Whitebread, 2000).
[...] to be confronted with the witnesses against him," (Whitebread, 2000). Chief Justice John Roberts Jr., Justice Clarence Thomas, and Justice Samuel A. Alito agreed with Scalia's identification (Whitebread, 2000). This lead to the case being sent back to the California Supreme Court. The interpretation issues in the case were presented by Justice Antonin Scalia. The issues surrounded the 6th Amendment. Scalia identified that the fact that the defended caused the absence of the witness did not call for his rights to be waived. [...]
[...] The summary of the case, Dwayne Giles v. California, did not explicitly reveal this portion of procedure. Pre-trial procedure follows the investigatory and accusatory police procedure. This portion of the proceedings involve jury selection, the guarantee of a speedy trial, fair trial proceedings, and the Double Jeopardy Clause. Due Process is used to eliminate outside influences, allow the defendant to call witnesses, provide their own evidence, and present their perspective of the facts (Whitebread, 2000). The criminal trial procedure follows pre- trial procedure. [...]
[...] Argument is presented in the form of multi-media presentations as well. Hearings are being held through two-way video. Instead of presenting verbal pictures, lawyers are able to produce video re-enactments as a result of technology (Lederer, 2000). Technology has had a specific effect of appeals. Technology allows the entire proceeding to be easily reviewed. The traversal of transcripts is eliminated and more affective appeals are presented (Lederer, 2000). In summary, varying elements and components of the court system are revealed through research. [...]
[...] Reviving Hope for Domestic Violence Prosecutions: Giles v. California. Am. Crim. L. Rev Smith, M. J. (2009). Goodbye Forfeiture, Hello Waiver: The Effect of Giles v. California. Whitebread, C. H., & Slobogin, C. (2000). Criminal procedure: An analysis of cases and concepts (p. 101). Foundation Press. [...]
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