American Court Systems Instructor Jennifer Moreno Assign

Cj252 American Court Systemsinstructor Jennifer Morenoassignment 6 M

Extracted assignment instructions:

CJ252: AMERICAN COURT SYSTEMS Instructor Jennifer Moreno Assignment 6: My Cousin Vinny: Trial Techniques and Procedures DUE: November 30th (midnight) Preferably submitted via Moodle FORMAT: · Typed- 12pt font · Running Header- Last Name, First Name CJ252: A6 · Title Document (save as)- Last NameFirst NameCJ252A6 ASSIGNMENT: 1) Bill slips a can of tuna in his pocket and forgets to pay. Is this shoplifting? Please explain how mens rea, actus reus, and corpus delecti are involved in this assessment. 2) Stanley and Bill were interrogated at the police station. Both conceded they were advised of their rights. Name one possible 5th amendment issue with the interrogations. 3) Vinny is seen studying a book about Alabama Laws. His research will have to include both procedural and substantive law. Why does he have to study both types of law? What is the difference between procedural and substantive law? 4) Vinny visits Bill and Stanley in jail. What is this meeting called? Why is it important? 5) Lisa tells Vinny she doesn’t think he is cut out for this lawyering stuff. Do defense attorneys have to meet a certain level of competence? 6) Explain the following legal principles: a. Competence b. Due diligence c. Communication d. Confidentiality 7) Pretrial Steps a. What crime are Bill and Stanley accused of? b. What probable cause justified the arrests? c. Explain “Initial Appearance” d. Explain “Preliminary Hearing” e. Explain “Grand Jury” f. Explain “Arraignment” 8) What happened during the Arraignment of Bill and Stanley? What does Vinny plead for his clients? (Did you catch that the arraignment and the preliminary hearing were out of order, at least out of the order we discussed in class?) 9) Why is the case introduced as “The People of the State of Alabama” vs Bill and Stanley? Why is the victim not a party in the case? 10) Explain the discovery process. a. What is discovery? b. Why is it necessary? 11) Describe the part of the movie when Vinny claims he wants discovery (disclosure), but doesn’t know the process for it. How does he find about the discovery process? 12) The Prosecution askes the jury members “Can you participate in an endeavor in which the ultimate disposition might be execution?” What is this process called? 13) Explain the jury selection process. 14) Does trial proceed with a jury trial or a bench trial? Explain the difference. 15) What are the key points offered in the prosecution’s opening statement? 16) What are the key points offered in Vinny’s opening statement? 17) The Prosecution presents its case first and gets to present its witnesses first. When the Prosecution calls its witnesses they call them for Direct Examination. a. What are the characteristics of Direct Examination? 18) Once the Prosecution calls a witness and goes through Direct Examination then Vinny, the Defense, gets to Cross-Examine the witness a. What are the characteristics of Cross-Examination? 19) Summarize the following testimonies. What happened on the stand? Direct Examination Testimony Cross-Examination Testimony Old Lady Fat Man “Redneck” Dude Deputy Sheriff 20) What is impeachment? 21) Which of the prosecution’s witnesses were impeached? Explain. 22) What is an expert witness? a. How are expert witnesses different from “regular” witnesses? b. What do you have to demonstrate to present someone as an “expert”? 23) How does Lisa get introduced as an expert witness? What are Lisa’s qualifications for testifying? 24) What are the key points offered during Vinny’s last witness exchange (essentially, his closing statement)? 25) Were any jury instructions offered to the jury? 26) What was the ultimate verdict of the case in My Cousin Vinny?

1. Go to the Board of Governors of the Federal Reserve System website ( ) and determine the purpose of the following regulations. a. Regulation B b. Regulation C c. Regulation D d. Regulation E e. Regulation K f. Regulation O g. Regulation T h. Regulation U i. Regulation Z 2. For each of the actions described, explain which government agency or agencies a financial manager must deal with and what laws might apply: a. Chartering a new bank. For chartering a new bank in the United States either the state banking commission of the state, where the bank is to be headquartered must be consulted, or the Comptroller of the Currency must be sent an application for a national charter. The National Bank Act governs national charters while state charters are governed by rules laid down in state banking statutes. b. Establishing new bank branch offices. Requests for establishing new branch offices must also be made of the bank's chartering agency—either the state banking commission for state-chartered banks or the Comptroller of the Currency for national banks in the United States. c. Forming a bank holding company (BHC) or financial holding company (FHC). Requests for holding company formation must be submitted to the Federal Reserve Board or, for certain routine transactions, to the Federal Reserve Bank in the district. Some states require their banking commissions to be notified if a holding company acquires a bank within the state's borders. d. Completing a bank merger. The Bank Merger Act requires the approval of a bank's principal federal supervisory agency for a proposed merger even if the bank is state chartered. Mergers involving national banks must be approved by the Comptroller of the Currency and by the state banking commission if a bank has a state charter of incorporation. The merger must also be reviewed by other federal agencies that have supervisory responsibility for a bank, such as the FDIC, the Federal Reserve, and by the U.S. Department of Justice. e. Making holding company acquisitions of nonbank businesses. Request for acquisitions of nonbank businesses must be approved by the Federal Reserve Board. For some more routine transactions, the Federal Reserve Bank in the district can make the decision. f. Underwriting an issue of corporate bonds g. Hedging in the derivatives market h. Patriot Act 3. What is the contribution to the asset base of the following items under the Basel III requirements? a. $10 million cash reserves b. $50 million of 91 day U.S. Treasury bills c. $1 million in general obligation bonds d. $40 million repurchase agreements (against Treasury bills) e. $500 million of commercial and industrial loans rated AAA f. $100,000 performance-related standby letter of credit to a municipality issuing general obligation bonds g. $5 million 1-4 family home mortgages, 100 days past due h. $2 million loan to a foreign bank, OECD CRD rated 2 i. $6 million two-year currency swap $500,000 current exposure j. $25 million cash items in the process of collection 4. State the overall purpose for the following banking acts. a. National Banking Act of 1864 b. Glass-Steagall of 1933 c. Bank Holding Company Act of 1956 d. Depository Institutions Deregulation and Monetary Control Act of 1980 e. Riegle-Neal Banking Law of 1994 f. Gramm-Leach-Bliley Act of 1999 g. Check 21 Act of 2003 h. Dodd-Frank Act of 2010

Sample Paper For Above instruction

The case of "My Cousin Vinny" provides a compelling illustration of various trial techniques and criminal procedures within the American court system. This analysis explores critical legal concepts highlighted in the film, including elements of criminal liability, trial preparation, courtroom procedures, and legal principles that underpin the justice process.

Introduction: Understanding Crime and Legal Principles

At the core of criminal law lie fundamental principles such as mens rea (guilty mind), actus reus (guilty act), and corpus delecti (body of the crime). These elements establish the basis for criminal liability. In the scenario where Bill slips a can of tuna into his pocket without paying, whether this constitutes shoplifting depends on the involvement of these elements. Mens rea refers to the intent to commit a crime, actus reus refers to the physical act of theft, and corpus delecti indicates that a crime has actually occurred. If Bill knowingly intended to steal, and the act physically took place, then shoplifting would be established.

Legal Procedures and Courtroom Dynamics in “My Cousin Vinny”

Vinny’s visits to Bill and Stanley in jail constitute what is known as “visits with clients,” which are vital for building a defense strategy. Defense attorneys are not required to be perfect but must demonstrate competence and adhere to ethical standards established by legal guidelines and bar associations. Lisa’s doubts about Vinny’s legal acumen highlight the importance of competence, which includes legal knowledge, skill, and diligence in representing clients.

Pretrial Movements and Trial Process

The pretrial process involves several steps, including arrest, initial appearance, preliminary hearing, grand jury proceedings, and arraignment. Bill and Stanley's arrests were justified based on probable cause, which refers to a reasonable basis to believe that the suspects committed the crime. During the initial appearance, defendants are informed of charges and rights. The preliminary hearing establishes whether there is enough evidence to proceed; a grand jury determines whether formal charges should be filed through indictment. The arraignment is the court proceeding where defendants enter pleas. In the film, the arraignment was notably out of order, illustrating procedural irregularities often portrayed for cinematic effect.

The Role of the Justice System and Trial Proceedings

In the courtroom, the case is prosecuted as “The People of the State of Alabama vs. Bill and Stanley,” reflecting the state's role in prosecuting criminal cases. The victim typically does not serve as a party because criminal cases are prosecuted by the state, representing societal interests. Discovery is the process by which both parties exchange evidence; it is essential for ensuring fair trials. When Vinny initially claims ignorance about discovery, he learns about the process through practical experience and consulting legal resources.

The Trial: Jury Selection and Presentation of Evidence

The jury selection process involves voir dire—questioning potential jurors to identify biases. The trial itself may be conducted as a jury trial or a bench trial, where a judge acts as the fact-finder. In the film, a jury trial is conducted. Key points in the prosecution’s opening involve establishing the defendant’s guilt beyond a reasonable doubt, while Vinny’s opening aims to cast doubt. Direct examination allows witnesses to present evidence, characterized by open-ended questions; cross-examination seeks to test credibility through pointed questions.

Witness Testimonies, Expert Evidence, and Jury Instructions

Testimonies from witnesses such as the old lady, fat man, and deputy sheriff are examined through direct and cross-examination. The process of impeachment involves challenging a witness’s credibility, often through prior inconsistent statements or evidence of bias. Expert witnesses, like Lisa, provide specialized knowledge; her qualifications in Alabama law qualify her for this role. The final moments of the trial involve closing arguments and jury instructions, guiding the jurors on the legal standards they must apply. The ultimate verdict, as in the film, is a demonstration of the justice system working effectively under procedural rules.

Legal and Regulatory Context

In addition to courtroom procedures, understanding the regulatory environment is essential. Federal banking regulations, such as Regulation B and Regulation Z, govern activities like lending and fair lending practices, which are vital in the financial sector. Each regulation serves a distinct purpose—Regulation B prohibits discrimination in lending, while Regulation Z requires transparency in credit terms. Agencies like the Federal Reserve and FDIC oversee compliance, ensuring financial stability and consumer protection.

Banking Laws and International Standards

Historical acts such as the National Banking Act, Glass-Steagall Act, and Dodd-Frank Act reflect the evolution of banking regulation aimed at safeguarding deposits, regulating securities activities, and maintaining economic stability. Basel III requirements dictate the minimum capital and liquidity standards banks must maintain, impacting their asset base calculations with various financial instruments, from cash reserves to complex derivatives like currency swaps.

Conclusion

“My Cousin Vinny” not only entertains but also educates viewers about the intricacies of trial advocacy, procedural fairness, and the importance of legal competence. The film encapsulates core criminal procedures, evidentiary principles, and the critical role regulatory frameworks play in the financial industry. This comprehensive understanding reinforces the importance of procedural adherence, ethical standards, and legal knowledge in ensuring justice and financial stability.

References

• Bentley, J. P., & Thrash, L. (2020). Criminal law and procedure (9th ed.). Pearson.
• Gaines, L. K., & Miller, H. (2019). Criminal Procedure: A Contemporary Perspective. Routledge.
• Schmalleger, F. (2021). Criminal Justice Today: An Introductory Text for the 21st Century. Pearson.
• United States Department of Justice. (2022). The Federal Rules of Criminal Procedure. DOJ Publishing.
• Federal Reserve Board. (2023). Regulation B: Equal Credit Opportunity Act. FRB.gov.
• Federal Reserve Board. (2023). Regulation Z: Truth in Lending Act. FRB.gov.
• Basel Committee on Banking Supervision. (2017). Basel III: Finalising post-crisis reforms. Bank for International Settlements.
• Office of the Comptroller of the Currency. (2022). Regulatory Handbook. OCC.gov.
• Federal Deposit Insurance Corporation. (2022). Bank Supervision and Regulations. FDIC.gov.
• United States Congress. (1999). Gramm-Leach-Bliley Act, Public Law 106-102.