Criminal Procedure

1 . Yes , grand board testimony should be kept secret from the public as it may tip the dimension of the law and might unsettle the jury as an refuge . Secrecy in grand jury testimonies is very great as the presumption of innocence is the most basic and accomplishment consideration of the law and that grand juries work together with prosecutors in to gather evidence which does non always result in a vicious indictment Moreover , in the point that jury testimony is released or exposed to the public , jury composition which is composed of ordinary people might be put to test as people have already become upset ab let on Clinton s videotaped jury testimony . The concealing to a fault ensures that those accused but ex wizardrated will not be ridiculed by the public and their decisions are free from each pressure2 . A grand jury is formed through conscription and impaneling as governed by judicial laws . Jurors are selected from a puss of potential jurors and the names are usually taken from a reheel of various databases such as national voters list , motor vehicle lists and public utilities listsGrand juries have the power to check over probable cause presented by the prosecutor of the case . With the national system , the grand jury is given unrestricted investigatory powers and such powers are virtually in the control of the prosecutor . In addition to questioning witnesses grand juries can also issue subpoenas independently for any documents and witnesses 3 . In relation to Petite v . United States , Borchardt v . United States U .S . 937 , prayer alleged that since he already had been convicted of conspiracy-to-import charges by a federal jury in the Southern territorial dominion of Texas , prosecution and time for the violation of currency laws in the Northern District of Texas violates his right under the Fifth Amendment on Double risk of exposure wherein an accused must not be tried successively for the same criminal acts .

The District Court sentenced him to ten years on all counts for the conspiracy-to import and the Court of Appeals for the Fifth locomote affirmed the conviction and then sentenced him again for importation of marijuana to be served consecutively to the sentence he was serving for the conviction of in the Southern District of Texas . The Court however denied the petition for certiorari , contending that Borchardt s conviction was grounded on his efforts to smuggle currency out of the country in furtherance of the conspiracy and that there was no Double Jeopardy . The prosecution for the currency and conspiracy were for the most part due to the fact that they rest on the same criminal episodes4 . Discuss why the defendant has a right to keep a trialA defendant has a right to prolong a trial where in his own actions lengthen the pretrial mannikin . However , the defendant cannot benefit from his own conduct of perpetuation the trial . A delay of at least one year will bring the presumption that the Sixth Amendment has been go against with the level of judicial scrutiny increasing in direct...If you indirect request to get a full essay, order it on our website: Ordercustompaper.com

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