My cousin Vinny
After Billy and Stan decides stop by a store, they unintentionally take a tuna can. Soon after they have left, the clerk at the store is killed which leads to the two being detained in connection with this killing. The two are arranged in court in connection to the murder. Arraignment is the first step - court appearance where criminal charges are read before the jury against the defendant (Gardner & Anderson, 2016). As a result of circumstantial evidence and confession to their shop lifting, Billy gets charged with murder while Stan is an accessory. The prosecutor informs them of being charged with murder of the clerk and the evidence available. Circumstantial evidence refers to testimony given by a criminal action party that allows conclusion which indirectly shows the presence or absence of fact that this party wants to approve. Informing the suspect involves their basic right where the prosecutor is required to provide evidence to the accused before the beginning of the trial. Testimony refers to information provided by a witness as form of evidence to the occurrence of a criminal action. An accessory to crime refers to a person charged with aiding the commission of a crime (Gardner & Anderson, 2016). The officer seizes Bill and Stan and throws them into a slammer, where they are informed of committing murder. Seizure is outlined in the Fourth Amendment as physical apprehension of a person through arresting or stopping them. Before the trial begins, Billy’s mother tells the two of Billy’s cousin, an inexperienced lawyer who has just been admitted to the bar and accused is allowed to bring his attorney before examining trial (Gardner & Anderson, 2016). Once the accused is brought before the judge, the officer examines the truth of any accusation made while allowing the accused enough time for procuring a counsel. The accused are brought before the court before the court during this examination. The presence of the accused has to be ensured before during witness examination as required by some states’ laws such a Code of Criminal Procedure in Texas. When he comes into the scene with his girlfriend Lisa, Bill is almost sure that he will be sentenced to death while his accomplice is less sure of whether he will get legal representation. They are both uncertain about their right to counsel. Right to Counsel is normally found in Sixth Amendment and requires the accused to have counsel assistance for criminal prosecutions (Regoli& Hewitt, 2010). The plot is all about trying to proof Bill and Stan’s innocence and finding a solution for the murder, since they are innocent until proven guilty. This is innocence presumption of a person who has been accused of any crime and this principle follow U.S fifth, sixth and even fourteen amendments. To the dismay of the accused, Vinny fails to exam the witnesses to the crime in probable cause hearing. At this juncture he did not even raise objection to admissibility of confession by the parties. Witness refers to a person who saw the occurrence of a crime or victim to it. Probable cause hearing refers to a pre-trial stage in a criminal case when it is determined whether there is existence evidence in regard to evidence search. Probable cause refers to a reasonable belief that any suspect committed a crime. In criminal prosecution, confession shall be admitted in evidence if it is given voluntarily. The ignorance of Vinny is further seen when he tries entering a plea at the arrangement upon meeting the judge and this frustrates him. A plea refers to answer by defendant to a criminal charge. A criminal charge refers to a formal accusation by the prosecutor asserting that an individual committed a crime (Regoli& Hewitt, 2010).
Stan fires Vinny after his poor performance during the hearing, decides to use the public defender and nearly convinces Bill to do the same but Vinny pleads for another chance. After improved performance, Billy’s confidence in him is restored and Vinny can have some sleep when he served contempt charges in a jail. Contempt of Court means a conduct that is disrespects the court’s authority. Public defender refers to an attorney who represents individuals who are unable to hire one. All defendants are guaranteed right to legal counsel assistance in the 6th Amendment. The prosecutor, Trotter, dismisses the charges with prejudice at the end of the movie. Charges dismissal refers to disposition of criminal proceeding. Dismissal with prejudice refers to a disposition that prevents a prosecutor from bringing up those charges in future against the defendant(Gardner & Anderson, 2016).
References
Gardner, T. J., & Anderson, T. M. (2016). Criminal law. Nelson Education.
Regoli, R. M., & Hewitt, J. D. (2010). Exploring criminal justice: The essentials. Sudbury, Mass: Jones and Bartlett Publishers.
