In the United States criminal justice system, the prosecutor has the obligation for deciding what and how crimes will be prosecuted. The “legal system has traditionally accorded wide discretion to criminal prosecutors in the enforcement process”. As long as “the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute and what charge to file or bring before a grand jury, rests entirely in his discretion”. Granted with such discretion, state attorneys heavily rely upon victims in criminal cases as sources of information and have the ability to use such information in their decision-making.…
The prosecution office at work was a method used by the prosecution team to highlight certain photos and children’s accounts about alleged sexual abuse at the McMartin preschool to gather more evidence to convince the jury that defendant Ray Buckey was a sexual deviant, and that his family was guilty of similar actions. There are several examples or prosecution at work: the prosecution team using photos of the McMartin family with the alleged victims, the photo of a woman receiving oral sex kept by Buckey beside his bedroom window, and the interviews of different children about their stories involving devil worshipping at the McMartin preschool. 2. How does discretion fit…
i) The prosecutorial system is excessive From the Kerman story, I have no doubt the US prosecutorial system is very excessive as the system been taken way too far. It is noted that the system has been growing out of control without any sort of serious thought, vision or clear sense of purpose for the inmates. The system is inefficient, very costly and destructive as depicted in the book. The system is said to deprive many individuals of chances or opportunities because those resources directed to prison would be directed to a better course: construction and maintenance of schools, health care facilities, drug rehabilitation centers. It is also conceived that instead of the system bringing about measures to curb crime, it is at the center of creating the same crimes in the first place as many inmates are prosecuted and not assisted in the greater path of reforming or rehabilitation thus, many of them frequently end up before the courts and prosecuted by the same prosecutors after serving their prison or jail sentence on a minor offence.…
The Webster-Merriam definition of a plea bargain is an agreement of which someone accused of a crime admits to a less serious crime in order to be given a less severe punishment. This is a very simple and optimistic definition of a nuanced situation that can have many positive and negative effects on the subjects involved. There are three different types of plea bargains: fact bargaining, sentence bargaining, and charge bargaining. Fact bargaining is the least common where the accused may only agree to certain facts about a case. Sentence bargaining is an agreement to an amount of time, usually greatly reduced, sentenced.…
I will be listing the three conditions that must be meet before a prosecutor charges a person with a crime and prosecutes the case (Bohm & Haley 2012). I will also explain why a prosecutor does not choose to prosecute a criminal case. I will also discuss problems that could occur due to one person having too much power and discretion. What three conditions must be met before a prosecutor charges a person with a crime and prosecutes the case?…
Yadira Pichardo Assignment #1 Criminal Law Scenarios Read each of the following scenarios and answer the question(s) after each. Save this document to your computer; you will need to rename it, then type your answers on this document. Upload the document to the Assignment page: 1. John Lions was shopping at Target. He had a number of items in his cart when he approached the checkout counter.…
610) Mainly all of the states have rules abiding the first two charges. In the case Drew v. United States, “Drew successfully robbed one out of the two stores that he went to. The first store he was wearing sun glasses and told the clerk that he was robbing the store, he then pulled out a gun and successfully robbed the store without harming anyone, because of his second attempt to rob a store, the lady from the first store recognized Drew out of the line up seventeen days prior to her robbery.” However, “ the court agreed with Drew that the trial judge had erred in not granting Drew’s motion for severance of these two charges.…
Introduction The purpose of this memorandum is to provide information about a legal career and what education level one must obtain to pursue this career; the institutions available; how location may influence this career; expected pay range one might see; while also seeking the long-term prospects of this career. Basic knowledge about the occupation To pursue a career as an attorney, I must earn a four-year undergraduate’s degree while attending three years of law school.…
This paper leaves insight on how economic and politics work in the criminal justice system. There are several roles that not only shape the adult criminal justice system but the juvenile justice system as well. This paper helps inform those who are interested in using the evidence- based practice in the juvenile justice system that there are models for change, which work to expand the use and availability of evidence-based services. These practices seem to be more efficient and very beneficial. For several years now, programs and service of demonstrated effectiveness have been helping to in improve behavior.…
In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today? Police behavior is different across all communities.…
Criminal System The criminal justice system doesn’t work the way most of us would like it to but if I could change the way the criminal justice system works I would make a change and sentence all pedophiles the death penalty. They have ruined someone’s life forever and it tends to affect their future. They become mentally unstable because of the horrid event they experience by someone who wanted to satisfy his/her needs.…
Since prosecutors have a wide range of discretion and the power to press charges or try cases, it is possible that there may be bias involved with the prosecution. For instance, there may be some conflicts of interests between the prosecutor’s office and the police department that is under investigation. These may include political pressure to not press charges against an officer, especially if a prosecutor is up for election (Bergman, 1997). Other political pressures may also encourage prosecutors to press harsher sanctions against officers who violate the laws.…
Criminal Domestic Court (CDV) is quite different from other criminal courts. The CDV court is held to be a therapeutic avenue and not incarcerate offenders because it more likely, in my view, to increase recidivism. From entering the courtroom to waiting for the court proceedings to begin. There are also many different actors in this courtroom, that are not in in other courtrooms such as general sessions. This courtroom rooms includes defense lawyers and prosecutors, victim advocates, etc.…
Police officers and prosecutors work together to make sure that they are well-prepared for court. Police officers posses the cases originally and then they are handed over to the State's attorney's office, where they are prepared for court. Misdemeanor cases start at the district court level, here the officer and the prosecutor work together in order to prepare all of the evidence in the State's possession, make sure that all witnesses have been interviewed, and that the case is ready to go to trial. Police officers and prosecutors have very different opinions on what makes a good case. Officers are usually worried that the prosecutor’s priorities might be different from public safety needs, and prosecutors are concerned that more arrests might raise their caseload without serving community justice.…
What are those two elements? Explain fully with complete details (1) the performance of a prohibited act and (2) a specified state of mind, or intent, on the part of the actor. Additionally, to establish criminal liability, there must be a concurrence (agreement) between the act and the intent. The Criminal Act—In criminal law, a prohibited act is referred to as the actus reus, or guilty act. In some cases an act of omission can be a crime, but only when a person has legal duty to perform the omitted act, such as filing a tax return.…