Codie Davis
Unit 4 Assignment
CJ 227
Criminal Procedure
John Doe is an individual that left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to the amount of money involved, the crime is deemed a felony and John was arrested and placed in the county jail in Toms River, NJ. He is
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If there was no warrant for John's arrest this hearing will also determine if there is probable cause (Gerstein v. Pugh). Probable cause means that a reasonable ground exists for belief in the facts.
The court can either choose to do a preliminary hearing or grand jury for John's first appearance.. In a preliminary hearing is conducted with no jury and the judge is the fact finder. A grand jury hearing is where the prosecution presents the case to a group of citizens outside the presence of the defendant and they (the grand jurors) are asked to determine whether probable cause exists based on the evidence presented to them by the prosecution.
Some issues that the judge would have to take into consideration when setting bail for John is that he does not have legal status in this country, and most of his family still resides in his home country. Per the eighth amendment the judge must set a reasonable and fair amount of bail.
An arraignment is a formal reading of a criminal charge document in the presence of the defendant to inform him of the charges against him. In response to an arraignment the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they usually include “guilty”, “not guilty”, and “nolo contendere”
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After the arraignment, the trial process begins. Both the prosecutor and the defendant had to produce enough evidence to sway the jury to either call the accused guilty or not guilty. The trial in the movie started off as loosely following actual court proceedings because the defendant had never been part of actual court proceedings and did not know the proper etiquette to follow. This was perceived through the actions that he showed in court and not knowing his rights to the evidence that the prosecutor had at his disposal, in which all should have been given to him in the beginning of the case. Although the trial process in My Cousin Vinny was not as formal as that of real proceedings, the way in which the judge made the lawyers act within
| The business itself does not retain any profits. 100% of profits remain with the owner and is considered personal income.
This phase is when the defendant appears before a magistrate judge and is informed of the charges against them and the constitutional rights they are afforded. Furthermore, after hearing about the grand jury the movie progresses directly to the trial. This is not an accurate portrayal because it entirely skips the arraignment phase. Arraignment is a very important step in the criminal justice process because it is at this point that the accused will enter a plea. The audience never saw this phase; therefore, we have no idea if Tom formally plead guilty or not guilty to the charge of rape. However, it can be assumed Tom’s plea would’ve been not guilty as he denies the charges during the actual trial.
Identify what issues the judge would take into consideration when setting bond for John. “Many illegal immigrants out on bail commit another crime or vanish before trial”-SUSAN CARROLL Houston Chronicle. Since Mr. Doe is in the United States illegally the
One of the distinguishing features of cystic fibrosis is the thick mucus that lines both the airways and the intestinal tract of affected individuals. In the respiratory tract, this thick mucus is not removed by the cilia that usually beat and push mucus up into the throat. This thick mucus builds up in the airways, and bacteria trapped in the mucus are not removed. Thus bacterial respiratory infections are extremely common.
Therefore, since the Scarpelli, was not given a counselor and his probation was revoked without a hearing, a habeas corpus petition was filed. It was then the District Court acknowledge that revocation of probation without a hearing and counsel was a denial of due process.(Gagnon v. Scarpelli 411 U.S. 773 (1973). (n.d.).The Court of Appeal affirmed that using the same specification for parolee under the Morrissey v. Brewer, 408 U.S. 471, in which states that due process is required preliminary and final revocation hearing for probationer case. The hearing will determine if a counsel is needed for an indigent probationer or parolee according to due process requirement in each individual case. However, the state is not obliged to assist in providing a counselor, unless the individual is indigent Nevertheless, it would be wise to assist those that are indigent probationer or parolee in having difficult in sharing their side of the story with the facts when there is no witness or presentation of evidence (United State Supreme Court Gagnon v. Scarpelli, (1973) No. 71-1225, n.d.). It is also, suggested when a request for a counsel is refused, and then the refusal should be written in the
The Social Model of disability came about through the disability movement and other organisation campaigning for equal rights, opportunities and choices for disabled people. The social model of disability recognises that any problem of disability are created by society and its institution and that The Discrimination Acts are tools to help to improve the response of society to disability, also a wheel chair user is not hampered by their disability but by lack of adequate access to buildings. The social model may impact upon our practise as we would provide inclusive environments as a starting point for all children. The Scope website stated ‘The social model of disability says that disability is caused by the way
Sections 1, 2 and 3 are worth 30 points each. You must place the hyphen correctly in Section 1 and 2. In section 3 you must place the combining form with the slash to receive full credit. Section 4 is worth 60 points.This assignment contains 4 sections and APA formatting, which is worth 150 points. Incorrect spelling and not placing the hyphen or slash mark properly will result in deductions from the total score. In Section 1, you will identify the prefix for the given definition.In Section 2, you will identify the suffix for the given definition. In Section 3, you will identify the combining form for the given definition. In Section 4, you will proofread the Progress Report listed below. Next, you will
The court reconvened, and the crown called the next person, Tim. B. Tim, a young white male, was already out on bail pending his charge of assaulting his ex-girlfriend. The Crown stated that this was a reverse-onus because he was charged with failure to appear three times. The duty counsel informed that Tim voluntarily turned himself in earlier in the morning when he found out about the charges, and that his father who owned property over $250,000 is willing to be his surety. The crown said she will consent to the release with a $1000 surety and conditions of non-contact with the victim and to reside with or residence approved by the surety. The duty counsel did not object and the Judge accepted the terms.
Mental illness in this manner is the belief that such illnesses can be identified and classified (As in the DSM & ICD)
The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)
Employee performance is a performance criteria standard of an employee, they must have good behaviour and mustn’t do anything bad like waste time. Employees are rated on how well they do their jobs compared with a set of standards determined by the employer.
arraignment date. On the date set the defendant will specify if they are guilt, not guilty, or
In some cases, the authorities may arrest you even though you have not committed a crime. When a police have reasonable suspicions (probable cause) that you have violated the law, he has the right to issue a warrant against you. If you are planning to challenge the claim the officer’s claim to probable cause, you will need the assistance of Utah Criminal Defense Attorney.
The legitimacy of the criminal justice system is based largely upon both its effectiveness and its fairness. Its effectiveness is judged by its ability to investigate and detect crime, identify offenders and mete out the appropriate sanctions to those who have been convicted of offences. Its fairness is judged by its thoroughness and the efforts it makes to redress the resource imbalance between the accused and the state at the investigatory, pre-trial, trial and appellate stages. The system does this by providing evidentiary protection and effective legal representation at all points.