Posted: September 20th, 2022

Criminal Case Process

INSTRUCTIONS:
Somewhat background: You will have discovered about many elements of the felony justice system which have an have an effect on on circumstances going to court docket and court docket proceedings. It will be important that the CJ system is considered in its totality in an effort to see how various factors have an effect on the end result and in the end the search for justice.

Instructions: Based mostly off of what you’ve gotten discovered in weeks 5 & 6 (and retaining in thoughts what you discovered in weeks 1-Four) you might be to reply the next questions:

1. Make up with a synopsis of a felony act. This must be not than a paragraph. It ought to embrace the weather wanted to reply the next questions.

2. Determine the crime(s) dedicated and the response by the police (this could element the possible trigger component for an arrest), counsel the fees for this particular person (check with the revised statutes within the state that you simply reside to determine what crime(s) they could be cost with). You will have to do some extra outdoors analysis (moreover the revised statutes in your state) utilizing sources by the UMGC library to acquire a few of this data.

three. Fake that you’re the District Legal professional for this case. Clarify your position within the prosecution of this case. Element the data and steps that shall be taken to take this case to trial. Clarify the weather that have to be mandatory to ensure that the suspect to be convicted within the U.S. court docket system.
Format Instructions:

Typed, 12 pt font, double spaced
APA format (Cowl Web page, in textual content citations and reference web page)
Answered in 1., 2., three format
A minimum of 5 sources, 1 being from the course supplies

—

Criminal Case Process

Question Assignment One: Criminal Act Case
Mary Jules was driving residence after an extended night time of ingesting at a neighborhood membership. She took numerous ingesting pictures that night time that she misplaced depend of them. She knew that shwa not imagined to drive residence, but it surely was too late and her title was not very distant, so she selected to not take a taxi and drove herself residence. On the best way, a cop noticed her weaving out and in of her lane and pulled her over. The officer acknowledged the odor of alcohol from her breath, requested for her license, and requested her to step out of her automotive. Mary would fail the sobriety exams have been taken, similar to standing on one foot and lacking to level her nostril twice. The officer famous her eyes have been bloodshot and teary, so undertook a breathalyzer take a look at. Mary’s BAC was at0 .12, method above the zero.08 really useful restrict; thus, she was arrested and brought to the police station.
Question Assignment Two: Crime Assessment
The crime that Mary was arrested for was Driving Below the Affect. The possible trigger for this arrest was the elements that supported the officer’s goal perception that the suspect had dedicated a criminal offense (Stim, 2015). On this case, the elements together with the unsafe driving the place Mary would weave out and in of the lane, the proof of alcohol abuse from her breath, the slurred speech, the bloodshot and teary eyes, and her failure of the sobriety exams. Regardless of being evident that Mary was drunk whereas driving, the officer wanted to gather proof on the crime scene to help a felony sentence. The proof resulted from the sobriety exams and Mary’s driving, look, and conduct throughout questioning.
Mary was charged for Driving Below Affect beneath the North Dakota DUI legal guidelines, particularly the North Dakota Century Code CHAPTER 39-08 (Stim, 2014). The regulation prohibits a person from driving or being in precise management of a automobile when intoxicated with liquor, medicine, or different substances. Particular person penalties are offered in opposition to the crime one has dedicated as soon as discovered responsible. Contemplating this might be the primary offense, the crime is taken into account a category B misdemeanor is risking a penalty of $500 for a BAC of zero.16 or beneath. If it was above the restrict, one might be imprisoned for 2 days and be fined $750. The penalties improve with the severity of the crime.
Question Assignment Three: The Function of the Prosecutor within the Case
Upon receiving the investigation outcomes, the prosecution determines whether or not the accused is charged and on what specific prices. Contemplating the case does have adequate proof to pursue the DUI matter, the case would proceed, and Mary ought to stay in custody till her listening to. For a case to proceed, the prosecutor has thought of three basic parts: whether or not the case is legally sound, if it may be confirmed, and the related coverage issues (Harvatin Regulation Workplaces, 2020). The prosecutor was assured of sufficient dependable proof to show the drink driving cost, thus bringing the case to trial. The prosecutor can be contemplating the sources they’ve earlier than selecting to pursue a case or not, and if they’re restricted, many will go for pursuing severe felony circumstances.
Through the listening to, the prosecutor is to current proof and supply authorized recommendation to the choose who chooses to indict or dismiss the case. On this case, the prosecutor tries to determine the possible trigger to consider that the defendant dedicated the felony. The defendant is then arraigned to be formally knowledgeable of the fees (Nationwide Crime Sufferer Regulation Institute, 2010). The prosecutor additionally exchanges data and materials on the case with the defendant or her lawyer since it’s the latter’s constitutional proper to find the data. The prosecution will argue the case earlier than the choose, along with the defendant earlier than the choose provides their remaining 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 Regulation Workplaces. (2020). The prosecutor’s position in a drunk driving case. Retrieved from https://www.harvatinlaw.com/the-prosecutor-s-role-in-a-drunk-driving-case.html#
Nationwide Crime Sufferer Regulation Institute. (2010, April 15). What are some frequent steps of a felony investigation and prosecution? Retrieved from https://regulation.lclark.edu/reside/information/5498-what-are-some-common-steps-of-a-criminal
Stim, R. (2014, August 11). DUI legal guidelines by state. Retrieved from https://dui.drivinglaws.org/sources/state-dui-laws.htm
Stim, R. (2015, July 22). What’s possible trigger or cheap suspicion for a DUI (or DWI) arrest? Retrieved from https://www.attorneys.com/legal-info/felony/dui-dwi/what-is-probable-cause-or-reasonable-suspicion-for-a-dui-or-dwi-arrest.html

Order | Check Discount

Tags: Criminal Case Process