Explain why it is that the prosecution is allowed to appeal a judicial decision before a verdict is read? What would happen if prosecutors were only allowed to appeal when the defense is allowed to appeal?
What will be an ideal response?
Although the general rule is that the parties to the case must wait until the case has been decided
before appealing decisions made by the judge during pre-trial proceedings or during the trial, there are
some situations in which interlocutory appeals can be filed in criminal cases. For example, the Utah
Rules of Appellate Procedure (Rule 5(e)) state that an interlocutory appeal will be allowed if the decision
being contested (1) involves substantial rights, (2) may materially affect the final decision in the case, (3)
if a determination of the correctness of the order before final judgment may materially affect the final
decision, or (4) if a determination of the correctness of the order will better serve the administration and
interests of justice. Under this rule, then, the prosecutor might be allowed to appeal a judge’s ruling that
the defendant’s confession or a critical piece of incriminating physical evidence is inadmissible. This
would be allowed if the prosecutor could show that the judge’s ruling was wrong and that without the
evidence, the state is unable to proceed with the case against the defendant. The rationale for allowing
appeals in such situations is that the prosecution would otherwise have to go to trial without substantial
evidence and if the defendant is acquitted, the prosecution will not be able to retry the defendant
because of double jeopardy, so that justice will not be done if the trial court erred in suppressing the
evidence.
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Fill in the blank(s) with correct word
A monetary penalty is defined as
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In order to manage the impressions of others about them the women in Sirles' study had to navigate a number of practical hurdles including all of the following EXCEPT
a. health consequences of instrumental drug use. b. financing drug use. c. becoming drug dealers themselves to help support their own drug use. d. having to monitor on their own physical symptoms of licit and illicit drug use such as moods and energy levels.
A situation in which a youth agrees to follow certain probation conditions without going to court is called ________.
A. deferred conviction B. suspended sentence C. deferred arrest D. deferred adjudication E. None of the answers are correct.