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Essay on Unit 7 Assignment

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Unit 7 Assignment CJ230-02: Criminal Law for Criminal Justice Instructor: Prof Castiglione
Lorraine Lopez
May 5th, 2013

In this essay, I will be exploring the differences between state and federal jurisdiction in criminal prosecutions of murder with respect to crimes against persons. In the United States, both the states and the federal government have authority to prosecute criminal offenses. The federal government and each state have its own, court system, criminal statutes, prosecutors, and police agencies. Even if a particular crime will be prosecuted by a state or by the federal government will depend several factors.
The crimes that are mostly prosecuted by the federal government include drug trafficking offenses, …show more content…

Therefore, the role of judges in the investigation of criminal offenses is limited. However, certain actions during an investigation can be taken only upon the authorization of a judge. Only a judge may issue a warrant to search for and seize evidence of crimes; only a judge may order the recording of telephone conversations; only a judge may take action to enforce a subpoena (an order that a witness give testimony or produce documents or other evidence in his or her possession under penalty of incarceration for refusal); and, except in limited circumstances, only a judge may issue a warrant for the arrest of an accused person.[3]
Whenever a prosecutor (or, in some instances, a police officer) determines that such a judicial act is needed in an investigation, he or she must make a formal request to the court and present facts or evidence that are legally sufficient to support the action requested. A judge will issue the warrant or order requested only if he or she determines that there is a sufficient factual basis for it. For example, in the case of a request for a search warrant, the court must determine that the evidence presented is sufficient to establish probable cause to believe that an offense has been committed and that evidence of that offense may be found at a specific place to be searched.

References:

Lippman, M. (2007). Contemporary criminal law: Concepts,

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