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Posted: February 26th, 2022
Criminal Case Process
INSTRUCTIONS:
A little background: You have learned about many aspects of the criminal justice system that have an affect on cases going to court and court proceedings. It is important that the CJ system is viewed in its totality in an effort to see how different factors affect the outcome and ultimately the quest for justice.
Directions: Based off of what you have learned in weeks 5 & 6 (and keeping in mind what you learned in weeks 1-4) you are to answer the following questions:
1. Make up with a synopsis of a criminal act. This should be no longer than a paragraph. It should include the elements needed to answer the following questions.
2. Identify the crime(s) committed and the response by the police (this should detail the probable cause element for an arrest), suggest the charges for this individual (refer to the revised statutes in the state that you live to identify what crime(s) they may be charge with). You may have to do some additional outside research (besides the revised statutes in your state) using sources through the UMGC library to obtain some of this information.
3. Pretend that you are the District Attorney for this case. Explain your role in the prosecution of this case. Detail the information and steps that will be taken to take this case to trial. Explain the elements that must be necessary in order for the suspect to be convicted in the U.S. court system.
Format Directions:
Typed, 12 pt font, double spaced
APA format (Cover Page, in text citations and reference page)
Answered in 1., 2., 3 format
At least 5 sources, 1 being from the course materials
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Criminal Case Process
Question One: Criminal Act Case
Mary Jules was driving home after a long night of drinking at a local club. She took a lot of drinking shots that night that she lost count of them. She knew that shwa not supposed to drive home, but it was too late and her name was not very far away, so she chose not to take a taxi and drove herself home. On the way, a cop saw her weaving in and out of her lane and pulled her over. The officer recognized the smell of alcohol from her breath, asked for her license, and asked her to step out of her car. Mary would fail the sobriety tests were taken, such as standing on one foot and missing to point her nose twice. The officer noted her eyes were bloodshot and teary, so undertook a breathalyzer test. Mary’s BAC was at0 .12, way above the 0.08 recommended limit; thus, she was arrested and taken to the police station.
Question Two: Crime Analysis
The crime that Mary was arrested for was Driving Under the Influence. The probable cause for this arrest was the factors that supported the officer’s objective belief that the suspect had committed a crime (Stim, 2015). In this case, the factors including the unsafe driving where Mary would weave in and out of the lane, the evidence of alcohol abuse from her breath, the slurred speech, the bloodshot and teary eyes, and her failure of the sobriety tests. Despite being evident that Mary was drunk while driving, the officer needed to collect evidence at the crime scene to support a criminal sentence. The evidence resulted from the sobriety tests and Mary’s driving, appearance, and conduct during questioning.
Mary was charged for Driving Under Influence under the North Dakota DUI laws, specifically the North Dakota Century Code CHAPTER 39-08 (Stim, 2014). The law prohibits an individual from driving or being in actual control of a vehicle when intoxicated with liquor, drugs, or other substances. Individual penalties are provided against the crime one has committed once found guilty. Considering this could be the first offense, the crime is considered a class B misdemeanor is risking a penalty of $500 for a BAC of 0.16 or below. If it was above the limit, one could be imprisoned for two days and be fined $750. The penalties increase with the severity of the crime.
Question Three: The Role of the Prosecutor in the Case
Upon receiving the investigation results, the prosecution determines whether the accused is charged and on what particular charges. Considering the case does have sufficient evidence to pursue the DUI matter, the case would proceed, and Mary should remain in custody until her hearing. For a case to proceed, the prosecutor has considered three fundamental elements: whether the case is legally sound, if it can be proven, and the relevant policy considerations (Harvatin Law Offices, 2020). The prosecutor was assured of enough reliable evidence to prove the drink driving charge, thus bringing the case to trial. The prosecutor is also considering the resources they have before choosing to pursue a case or not, and if they are limited, many will opt for pursuing serious criminal cases.
During the hearing, the prosecutor is to present evidence and provide legal advice to the judge who chooses to indict or dismiss the case. In this case, the prosecutor tries to establish the probable cause to believe that the defendant committed the felony. The defendant is then arraigned to be formally informed of the charges (National Crime Victim Law Institute, 2010). The prosecutor also exchanges information and material on the case with the defendant or her attorney since it is the latter’s constitutional right to discover the information. The prosecution will argue the case before the judge, together with the defendant before the judge gives their final verdict (Burke et al., 2019).
References
Burke, A. S, Carter, D., Fedorek, B., Morey, T., Rutz-Burri, L & Sanchez, S. (2019). SOU-CCJ230 Introduction to the American Criminal Justice System.
Harvatin Law Offices. (2020). The prosecutor’s role in a drunk driving case. Retrieved from https://www.harvatinlaw.com/the-prosecutor-s-role-in-a-drunk-driving-case.html#
National Crime Victim Law Institute. (2010, April 15). What are some common steps of a criminal investigation and prosecution? Retrieved from https://law.lclark.edu/live/news/5498-what-are-some-common-steps-of-a-criminal
Stim, R. (2014, August 11). DUI laws by state. Retrieved from https://dui.drivinglaws.org/resources/state-dui-laws.htm
Stim, R. (2015, July 22). What is probable cause or reasonable suspicion for a DUI (or DWI) arrest? Retrieved from https://www.lawyers.com/legal-info/criminal/dui-dwi/what-is-probable-cause-or-reasonable-suspicion-for-a-dui-or-dwi-arrest.html
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