Mod 3 Pre-trial and trial procedures Assignment Example | Topics and Well Written Essays - 500 words

Mod 3 Pre-trial and trial procedures - Assignment Example In December 7 1993, Colin Ferguson from Jamaica started shooting passengers on a commuter train at random killing six and injuries 16 people; after he stopped to reload, the passengers restrained him. When appearing in court, he self-represented himself but the eyewitnesses and the prosecutor managed to convince the magistrate to sentence him to more than 200 jail terms in New York Attica Prison. The critics of this case argue that he was not in his sane mind to stand trial hence the court was wrong to convict and sentence him (People v Ferguson248, N.Y App 1998). In the Poucell v Alabama, 287 U.S case, fourteen African youths were unfairly charged by the court for reportedly raping two white women, the case which was popularly known as the ‘Scottsboro case’ where within two weeks of arrest, they were convicted, tried and sentenced to death; the Supreme Court reversed this conviction. In Indiana a defendant was found competent to self-represent but the trial court did not allow him to, even though he was competent. An attorney was appointed to represent him, but he was sentenced, following a Foreta, a similar case wherein it was held by the Supreme Court that the accused was competent to self-represent. The disposal of petty offenses; these cases guarantee that either a fine or a short jail term is imposed. Cases such as common traffic laws and breaking of local regulations fall into this category. The Preliminary hearing is where the magistrate hears the state’s case and determines if it can appear before the grand jury or not. The functions of grand jury include: preventing baseless, discriminatory and overzealous charges by examining hearings and evidence presented before it. The grand jury also has power to order the witnesses to appear before it, issue immunity or hold the individuals in contempt. The jurisdiction and venue: before a court hears a case and rules, it