CJUS141-1301A-09 Introduction to Criminal Justice
February 12, 2013
Professor Lisa G. RatliffVillarreal
Around 2:30 p.m. on the afternoon of September 18, the victim, a prominent citizen in the community, was assaulted and robbed of his wallet by the defendant while walking home from work. He was assaulted, pushed up against a car, and threatened with a knife. Because of the victim's prominence in the community, this crime generated a great deal of media attention, calling for a quick arrest and conviction of the person or persons who committed the crime, which resulted in heavy pressure being placed on the police to make an arrest. The defendant was apprehended several days later while carrying the victim’s wallet and a knife. The victim subsequently identified the defendant in a lineup. During the preliminary hearing, the defendant was declared indigent and provided with a public defender. Because of the nature of the offense, bail was denied. The defendant, who chose not to take the stand in his own defense during the trial, was convicted on multiple charges connected with the assault and is awaiting sentencing. New information has been provided to the court, by the defense, that there was the possibility of misconduct on the part of the prosecution as it relates to the evidence that was presented in court used to convict the defendant. Specifically, the prosecution had in its possession certain exculpatory documents that would cast doubt on the reliability of certain witness statements used against the defendant. In addition, there is a strong possibility that some law enforcement witnesses may have embellished their testimony.
There are many differences within the criminal justice system depending on what part of the justice system one works in. Here is where it will be discussed about the following: * different stages of the justice system with a full explanation with definitions * what stage in the criminal justice process does double jeopardy attach itself to the proceeding and why * if I feel that the jury in this case might be unduly influenced by the defendant not taking the stand in his own defense and why or why not * what constitutional safeguards, if any, would apply to the defendant not testifying in his own defense * what theory of punishment would I apply in this case, and why by focus on theories of punishment for the defendant rather than the exact number of years to be sentenced * Explain the importance of codes of ethics in guiding practices and minimizing misconduct by criminal justice personnel during all stages of the criminal justice process. * What are the ethical requirements for prosecutors to “seek justice, not merely to convict”? How might these expectations be enhanced in the criminal justice system? Explain your answer. * What recourse does the court have in this scenario if it is proven that there has been misconduct on the part of the police or the prosecution? Explain your answer.
Phase 5 IP
Investigative Stage vs. Adjudicatory Stage
Investigative stage is primarily stage of the investigation of a crime, and many people are involved and deals with knowledge seeking of evidence, witnesses, and so forth (Brooks, 2008). This stage is time sensitive because the longer one waits the more compromised the case could become with contaminated evidence, or loss of witnesses. The adjudicatory stage is focused on arriving at the truth of an issue before the court. It should be noted that it is not uncommon for the investigatory stage of the criminal justice process to continue after the formal court process has begun. There is some disagreement about when the criminal investigation stage should end and at what point the adjudicatory process should begin. There is widespread disparity in the criminal justice process as practiced in the United States. The federal process differs somewhat from...