Part 1: "Immunity" Please respond to the following:
• Assume you are a judge in state court presiding over a high-profile criminal case in which the governor, who is married and has five children, allegedly killed his campaign manager (who was also his mistress) because she wanted to break off their relationship. The case has generated tremendous publicity in the local and national media. Discuss the following: (a) what constitutional issues might arise during the trial, given the nature of the case; and (b) what you, as the trial judge, can do to avoid the conviction being reversed by the U.S. Supreme Court on those issues if raised on appeal. Support your response.
• Reply to the post of at least one of your classmates with a meaningful reply that compares or contrasts the classmate's post to yours or adds further insight into the topic. A meaningful Reply will typically contain at least 100 words.
Part 2
George Eronini
RE: Week 8 Discussion
Hello Professor and class, here is my discussion post for week 8:
Myself as a State Court Presiding Judge: An Assumption
Question 1. Potential Constitutional Issues at Trial: There are so many pre-trial hurdles that must be carefully guarded. The first Constitutional issue to be wary of is the presumption of innocence until proven guilty by a jury of his peers (Coffin v. United States, 156 U.S. 432 (1895)). This is also embedded in the due process clause of the Fourteenth Amendment. The second concern is whether the police complied with the Fourth Amendment governing probable cause and evidence gathering, the Fifth Amendment on being appropriately Mirandized, and the Sixth Amendment of the right to assistance of counsel and impartial jury.
Question 2. What I Can Do as a Judge to Avoid Appellate Reversal: On the issue of presumption of innocence, I would ascertain that the defendant is mentally competent to stand trial. That the defendant's case is not fraught with the insanity defense. On the due process clause, I would ascertain that all the evidence collected is legitimate and that any illegally obtained evidence is excluded from being introduced during the trial. I would ensure that an impartial jury is assembled and that the defendant, through his counsel, can air out all his defense strategy. Above all, I would impartially instruct the jury according to the law.
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