The Jury Trial Stage of a Criminal Case

A criminal trial is scheduled if a defendant continues to plead not guilty after the preliminary hearing and plea bargain negotiations have ended. If pre-trial motions have failed to get evidence thrown out or the charges dismissed, and all efforts at plea bargaining have failed, the case proceeds to trial. At the trial, a panel of jurors determines if the defendant is guilty beyond a reasonable doubt or not guilty. The vast majority of criminal cases never get to the trial stage. Most are resolved prior to trial in the pre-trial motion stage or the plea bargain stage. There are several distinct phases of a criminal trial proceeding: Jury Selection In order to choose a jury, typically 12 jurors and at least two alternates, a panel of dozens of potential jurors are summoned to the court. Usually, they will fill out a questionnaire prepared in advance that contains questions submitted by both the prosecution and the defense. Jurors are asked if serving on the jury would present a hardship on them and they are usually asked about their attitudes and experiences that might lead them to be biased in the case before them. Some jurors are typically excused after filling out the written questionnaire. Questioning Potential Jurors Both the prosecution and the defense are then allowed to question the potential jurors in open court about their potential biases and their background. Each side can excuse any juror for cause, and each side is given a number of peremptory challenges that can be used to excuse a juror without giving a reason. Obviously, both the prosecution and the defense want to choose jurors who they think are more likely to agree with their side of the argument. Many a trial has been won during the jury selection process. Opening Statements After a jury is selected, its members get their first view of the case during the opening statements by the prosecution and the defense attorneys. Defendants in the United States are presumed innocent until proven guilty, so the burden is on the prosecution to prove its case to the jury. Consequently, the prosecutions opening statement is first and goes into great detail outlining the evidence against the defendant. The prosecution gives the jury a preview of how it plans to prove what the defendant did, how he did it and sometimes what his motive was. Alternate Explanation The defense does not have to make an opening statement at all  or even call witnesses to testify because the burden of proof is on the prosecutors. Sometimes the defense will wait until after the entire prosecutions case is presented before making an opening statement. If the defense does make an opening statement, it is usually designed to poke holes in the prosecutions theory of the case and offer the jury an alternative explanation for the facts or evidence presented by the prosecution. Testimony and Evidence The main phase of any criminal trial is the case-in-chef in which both sides can present witness testimony and evidence to the jury for its consideration. Witnesses are used in order to lay  a foundation for the admitting of evidence. For example, the prosecution cannot just offer a handgun into evidence until it establishes through witness testimony why the gun is relevant to the case and how it is linked to the defendant. If a police officer first testifies that the gun was found on the defendant when he was arrested, then the gun can be admitted into evidence. Cross-Examination of Witnesses After a witness testifies under direct examination, the opposing side has the opportunity to cross-examine the same witness in an effort to discredit their testimony or challenge their credibility or otherwise shake their story. In most jurisdictions, after the cross-examination, the side who originally called the witness can ask a question on re-direct examination in an effort to rehabilitate any damage that might have been done on cross-examination. Closing Arguments Many times, after the prosecution rests its case, the defense will make a motion to dismiss the case because the evidence presented did not prove the defendant guilty beyond a reasonable doubt. Rarely does the judge grant this motion, but it does happen. It is often the case that the defense does not present witnesses or testimony of its own  because they feel they were successful in attacking the prosecutions witnesses and evidence during cross-examination. After both sides rest their case, each side is allowed to make a closing argument to the jury. The prosecution attempts to strengthen the evidence they presented to the jury, while the defense attempts to convince the jury that the evidence falls short and leaves room for reasonable doubt. Jury Instructions An important part of any criminal trial is the instructions that the judge gives to the jury before they begin deliberations. In those instructions, in which the prosecution and the defense have offered their input to the judge, the judge outlines the ground rules the jury must utilize during its deliberations. The judge will explain what legal principles are involved with the case, describe important concepts of law such as reasonable doubt, and outline to the jury what findings they must make in order to come to their conclusions. The jury is supposed to abide by the judges instructions throughout their deliberation process. Jury Deliberations Once the jury retires to the jury room, the first order of business is usually to elect a foreman from its members to facilitate the deliberations. Sometimes, the foreman will take a quick poll of the jury to find out how close they are to an agreement, and get an idea of what issues need to be discussed. If the initial vote of the jury is unanimous or very one-sided for or against guilt, jury deliberations can be very brief, and the foreman reports to the judge that a verdict has been reached. A Unanimous Decision If the jury is not initially unanimous, discussions between jurors continue in an effort to reach a unanimous vote. These deliberations can take days or even weeks to complete if the jury is widely split or has one holdout juror voting against the other 11. If the jury cannot come to a unanimous decision and is hopeless split, the jury foreman reports to the judge that the jury is deadlocked, also known as a hung jury. The judge declares a mistrial and the prosecution has to decide whether to retry the defendant at another time, offer the defendant a better plea deal or drop the charges altogether.

The Day I Was Born - 1312 Words

The Day I Was Born Almost twenty-two years ago, on July 4th, 1994, I was born. I have heard many stories over the years about that day, but after interviewing my mom and dad I learned things I had not known whether they are accurate or not. When explaining the assignment to my parents I told them to email me everything they can remember on their own about the day I was born. After reading what they sent I found that I needed more details so I asked them both the same questions, separately. I asked questions such as: how was the weather, what did the room look like, who visited me, etc. My parents remembered the general things from that day but when asked about specific things they either remembered them one way or not at all. I found that†¦show more content†¦My mom, on the other hand, remembers hearing a nurse ask her what was wrong after she screamed in pain (B. Lehmann, personal communication, March 23, 2016). She also remembers the response she gave the nurse which was, â€Å"Contractions are painful; I don’t recommend having them!† She can also remember calling the doctor that morning and asking if she had time to shower before she came down to the hospital (B. Lehmann, personal communication, March 23, 2016). Though she may not remember what the nurse’s voice sounded like she still remembers those exact words. I think my parents were able to remember these things because it was a big day for them and when asked certain questions they were able to draw out more memories. Visual codes also as defined in my notes are memories of mental pictures for example, childhood neighborhood. My father remembers the sterilized room the nurses took me to after I was born because I was jaundice, but my mother does not (C. Lehmann, personal communication, March 23, 2016). She remembers more so what her hospital room looked like. The room I was put in, according to my father, had an incubator in the center and a window that my family could see through from my mom’s hospital room. No one was allowed to touch me because it had to be a sterile environment and the nurses did not want people coming and going. My parents called the incubator I was in a ‘French fry heater.’ They always told me I

Strategy for Conducting Market Research

Question: Describe the Strategy for Conducting Market Research. Answer: Introduction Market research is a technique that companies adopt in order to determine market demand for particular products and services(Brace 2008). Market research can be for diagnosing a problem or to find data regarding a particular solution. The current report deals market research approach for Caterpillar new product of earth digging equipment introduction in Turkey. Turkey is a new international market for the company hence relevant market research approaches needs to be analyzed for entering with the new product. Introduction to Company : Caterpillar Caterpillar Inc. is an American based corporation established in the year 1925 by Benjamin Holt(Caterpillar Retrieved on 5 th August 2016). The company is into designing, engineering, manufacturing and developing of engines, machinery worldwide. The companys revenue as on 2015 is US$3.25 billion and employs around 114,233 employees worldwide. Market Research Approaches Market research approaches is used by managers and leaders in organizations in order to make strategic decisions regarding products and in taking informed decisions in dynamic environment with fluctuating macro variables. Market research can be of qualitative or quantitative nature that a company can adopt in its market research approach. Y McGivern in his article, The practice of market research :an introduction discussed the several qualitative techniques employed in conducting market research(McGivern 2013). The several qualitative tools discussed by him are interviews, social groups, questionnaires and so on. B.Cova and R.Elliott in their article, Everything you always wanted to know about interpretive consumer research but were afraid to ask also discussed the several qualitative techniques and their applicability(Cova 2008). H. Mc Milan and S. Schumacher in their article, Research in education: Evidence-based inquiry discussed the various quantitative approaches that are used in market research(McMillan 2014). Quantitative techniques as data collection and thereafter their analysis are discussed in the article. Introduction of Product Idea in International market Caterpillar is identified as an international brand name in engineering, manufacturing equipment and is a pioneer brand. The company on the basis of market research has identified the need of earth digging equipment in Turkey. The product has substantial market demand and can generate immense revenues for the company. However, Turkey is relatively new market hence qualitative and quantitative research was pertinent for development of the new product category. Turkey is one of the fast developing economies amongst the MINT countries and significant research has been going around the several development stimulants(Durotoye 2014). The country has a stable political and economic situation which is attracting large amount of foreign investments. The country is ideally suited to MNEs to start their operations. Figure 1: Turkey growth rate Source: (Durotoye 2014) Market Approaches Caterpillar has used relevant articles in order to develop a new product for its brand in international market of Turkey. The research included qualitative survey regarding the demand gap in the market and quantitative analysis, on basis of the market demand that could be met by the product. The quantitative market research helped in assessing the market size and growth potential. Whereas qualitative market research has been used by the company to analyze the brand strength of Caterpillar, customer segment and characteristics in Turkey. Competitors and use of digital marketing to market the products was also assessed by qualitative research. Conclusion Market research approaches offers companies with data and significant information that allows them to take important strategic decisions. Caterpillar in its new product introduction in a new international market has deployed quantitative as well as qualitative data in order to yield valuable strategic information. The market research approaches have enabled the company to develop a new product idea and decide on a new international country to enter such that it can significantly be profitable to the company. References Brace, I 2008, Questionnaire design: How to plan, structure and write survey material for effective market research., Kogan Page Publishers. Caterpillar Retrieved on 5 th August 2016, 'Company Brands', https://www.caterpillar.com/en/companybrands.html. Cova, B. and Elliott, R., 2008. Everything you always wanted to know about interpretive consumer research but were afraid to ask.Qualitative Market Research: An International Journal,11(2), pp.121-129. Durotoye, A 2014, 'The MINT Countries as Emerging Economic Power Bloc: Prospects and Challenges.', Developing Country Studies, vol 4, no. 15, pp. 99-107. McGivern, Y 2013, The practice of market research: an introduction. , Pearson Higher Ed. McMillan, J.H. and Schumacher, S., 2014.Research in education: Evidence-based inquiry. Pearson Higher Ed.

Starbucks Growth Strategy free essay sample

(Nasdaq: SBUX) reported strong fourth-quarter and fiscal 2003 results yesterday after the bell, with annual revenues jumping 24% to $4. 1 billion and earnings growing 26% to $268. 3 million. Shares are dipping about 2% so far today, presumably because the companys $0. 17 in Q4 EPS met, rather than beat, expectations. Despite the markets lukewarm response, theres much to praise here, and opportunities for more growth abound. The companys comparable-store sales results were again impressive, and the future of its international expansion looks promising. Further, Starbucks plans for domestic growth are encouraging, thanks to the rollout of more drive-through stores. Starbucks (which I happily own shares of) posted an 8% comparable-store sales gain for the year, marking the 12th year in a row the companys comps have been 5% or better. Its projecting 3%-7% comps growth for fiscal 2004 the same guidance it gave for the just-completed year. Starbucks same-store sales success is primarily transaction-driven, meaning that its not relying only on higher prices to drive growth. We will write a custom essay sample on Starbucks Growth Strategy or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Thats an important factor in the quality of its comps gains. We already know it entered its first quarter upbeat, with same-store sales growth of 9% for the month of October. With the rollout of its famed holiday drinks (dont come between me and a Gingerbread Latte), and the continued success of the Starbucks card, Q1s likely to be another winner. Starbucks international operations will turn profitable this year, a significant milestone for the company. It will add 350 international locations to its lineup, with 300 of them being licensed stores. Troubles in Japan havent squashed Starbucks belief that it can be a welcome part of diverse cultures the world over. The company will continue to partner locally in order to achieve this balance between a consistent Starbucks experience and a locally tailored one. In the U. S. and Canada, Starbucks will add 950 locations this year. About a third of those will be drive-through locations, which have some of the best unit economics of all of Starbucks concepts. Its surprising to me that Starbucks just now seems to be catching on to the fact that drive-throughs can be hugely successful for it. Yes, its contrary to the whole coffeehouse culture the company wants to cultivate, but from the customers point of view, the convenience factor is attractive. Starbucks finished the year with 7,225 stores, and as laid out above, plans to add 1,300 new locations globally in fiscal 2004. Thats all while maintaining its excellent comps growth and producing total revenue growth of 20% and earnings growth of at least 20%. Ambitious, to be sure, though Starbucks hasnt given us a reason to doubt it yet. At 38 times the 2004 estimate of $0. 85, its stock, predictably, isnt allowing for much doubt, either.