Speedy Trial

Rutland, Vermont uses the grand jury procedure instead of the preliminary hearing method. The differences between the two procedures is that a grand jury is a group of people that are selected and sworn in by a court who listens to evidence, and decides if someone should be charged with a crime. However, the preliminary hearing is where the prosecutor presents evidence to the judge in an attempt to show that there is probable cause that a person committed a crime and then makes the same type of determination as the grand jury makes.


Fig2. Source:http://www.jewelinfo4u.com/images/Gallery/Dog-Necklaces.jpg

Police officer Michael Wootton was accused of animal cruelty after shooting his neighbor’s dog. He claims that his neighbor’s 80 pound dog attacked his 20 pound dog. After failing the attempt to separate the fighting dogs Wootton went inside his house, grabbed his hand gun, and shot his neighbor’s dog to death. Lawyers took two hours to pick a jury. No challenges for cause or peremptory challenges were mentioned from the press. However, the defense would probably want a jury who could care less about the cruelty done to animals and the prosecuters would prefer animal lovers who are unconditionally against the abuse of animals.


Fig3. Source:http://www.nlm.nih.gov/visibleproofs/media/detailed/vi_b_323.jpg

Latonia Congress is the aunt of the deceased sixteen year old Shatavia Alford whom was stabbed to death. Latonia Congress is being charged with second-degree murder. The direct evidence in the case was a photograph of the murder weapon which was an ordinary kitchen knife in which the accused had repeatedly stabbed the niece with due to an over-heated argument about laundry. A photograph of the knife taken by forensics had to be used instead of the actual murder weapon due to it mysteriously disappearing. In the court room forensics reported that unprovoked deadly force was used on the murder victim which was part one of the circumstantial evidence, and the second part to the circumstantial evidence was a recording of the 911 call that was placed after the murder had taken place. This evidence convinced the judge that Latonia Congress is guilty of second-degree murder and that she had acted irrationally and that this act taken upon her niece was neither in her nature nor character but none the less she is guilty and sentenced.

§ 7553b. Right to speedy trial if bail is denied

In Vermont one has the right to a speedy trial if their bail has been denied, except in instance of cases involving the punishment of the death penalty or a life sentence. If a person is held without bail prior to their trial then that persons trial should be set to arise for a period of no more than sixty days after bail has been denied. If the trial is not set to open within the sixty days and that delay does not contribute to the defense, then the court has to immediately set a bail and hearing and set bail for the defendant.

In Nevada you the right to a speedy trial under the sixth amendment in the constitution which requires the defendant’s trial be held within an amount of time; however this right can be waived if you ask for additional time to prepare for your defense. You have the right to a trial within sixty days after you being charged with a crime, unless you have postponed your trial by filling an application with the court.

The difference between these two states is the fact that in Vermont you can have a speedy trial if your bail has been denied, whereas in Nevada you can have a speedy trial sixty days within being charged with a crime.

RESOURCES

Mercer, Ryan (2009, October,16). Vt. woman arrested in death of 16 year old. Burlington Press, Retrieved November 6,2009, from http://www.burlingtonfreepress.com/article/20091016/NEWS02/91016009/Vt.-woman-arrested-in-death-of-16-year-old


Title 13: Crimes and Criminal Procedure. Retrieved November 07, 2009, from The Vermont Statutes Online Web site: http://www.leg.state.vt.us/statutes/sections.cfm?Title=13&Chapter=229