Dawn Drinovsky Capstone Project One Nov. 22‚ 2011 Trial a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles c. Sentencing – 3 types Sentencing a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people from
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2. The Criminal investigation Process Police powers You should be mindful of the fact that the exercise of police authority is regulated. The main police powers are defined by statutes including the: Law Enforcement (Powers and Responsibilities.) Act 2002. (LEPRA) and the Bail Act. 1978 NSW Police powers include: 1. The power to arrest (discussed in more detail below). 2. The power to issue cautions‚ warnings and infringement notices in relation to minor offences. 3. The right to obtain
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defendants criminal history or lack thereof; the nature of the crime‚ the manner in which it was committed and the impact on the victims. The judge will also take the defendants personal‚ economic‚ social circumstances and his/her regret or remorse expressed into consideration.
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CRIMINAL PROCEDURE OUTLINE INTRODUCTION I. Meaning of “criminal procedure”: refer to the methods by which the criminal justice system functions including a. Arresting of suspects b. Searching of premises and persons c. The use of electronic surveillance and secret agents d. The interrogation of suspects e. The exclusionary rule II. Not all procedure is constitutionally regulated: Both states and federal legislatures are free to enact statutes and rules setting forth procedures for
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Evidence in a criminal trial The first quotation is hearsay evidence. I think this because the person giving the testimony overheard the conversation between Micheal and the victim. Furthermore‚ in the textbook it states" hearsay evidence is evidence of someone other than a witness who said or wrote something out of court that may be relevant to the fact of the case. It is usually related to a private conversation that [has] been overheard by a uninvolved person." The person giving the testimony
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Assess the effectiveness of the criminal trial process as a means of achieving justice Police powers - under the Crimes Act and Law Enforcement (Police Powers and Responsibilities) Act emphasise the difficulties surrounding police discretionary powers - yet this is balanced somewhat by warrants acting as judicial safeguards against police abusing their powers - eg. warrants for a more ’legally enacted’ investigation process‚ phone taps or surveillance - but also warrants to reinforce police search
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Fair trial If the prosecutor‚ while working out a file‚ appreciates that a criminal lawsuit must be initiated‚ then he/she shall send a copy after the resolution for the initiation of the criminal lawsuit to the suspect person involved in the precursory criminal investigation‚ a person who‚ under the circumstances‚ becomes a defendant. The resolution shall be motivated. Also‚ when a person is summoned before a criminal investigation body or a court of law‚ a summoning notice is
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The 1995 criminal trial of O. J. Simpson for the murders of Nicole Brown Simpson and Ronald Goldman has been called "a great trash novel come to life‚".No one can deny the pull it had on the American public and the fans of the great O.J. Simpson. During the early reports of the murder of the wife of the ex-football star‚ and the cunning ‚ head turning sports announcer had not caught people’s full attention‚ Simpson’s surreal Bronco ride on the day of his arrest most definitly did. Police accumulated
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CRIMINAL PROSECUTION‚ CONVICTIONS‚ PRISON SENTENCES AND TIME SERVED BY RACE AND ETHNICITIY. Criminal Prosecution is the institution and conduct of legal proceedings against a defendant for criminal behavior. There are certain steps in the criminal prosecution process. According to Champaign Prosecutor’s Office‚ County “If a charge is filed in the Municipal Court‚ the defendant is entitled to a Preliminary Hearing. The defendant may waive that right and
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Solicitation Solicitation is defined as the asking‚ inducing or enticing another individual to commit a crime. Merger Under the merger doctrine‚ the crime of solicitation merges with conspiracy. An individual cannot be guilty of solicitation if the crime is the object of the conspiracy. A person cannot be guilty of both conspiracy and solicitation. If conspiracy is proven solicitation will be merged under both traditional and modern jurisdictions. Conspiracy Conspiracy is defined
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