Criteria for placement at Tamms are currently so vague that every prisoner in the Illinois Department of Corrections is eligible. Decisions to send men to Tamms are secret and not open to review. Men are not given placement forms and many do not know why they are there. A number of men have life without parole sentences and don’t know if they will ever be released from Tamms to general population. Every man at Tamms Supermax is kept in solitary confinement.
He claimed that was another issue he had with the district. He filled a motion to release him from segregation. The district denied his motion stating that he was not segregated due to his religion, but due to several fights he had with prison guards in prior years. Copper argued the since prisoners are not permitted to attend religious services while in segregation, keeping him in segregation is a deprivation of his religious freedom. DECISION The Supreme Court reversed, holding that plaintiff Cooper’s complaint did state a cause of action.
The most disturbing was not the fact that percentages of juvenile offenders are being sent to supermax and are locked up 23 hours a day. Nor those legislators that give life do not care about rehabilitation for these damaged children. What was is that politics truly do over rule justice. Crime is a political issue. The District Attorney’s Office charging these juveniles and taken the rights away from Judges.
What I mean by this is that the government, not a private party, files the litigation. By the government taking action, the case is classified a criminal law case and not a civil law case. Then why were civil law standards applied to the criminal law proceeding of In re Winship? Due process requires that the procedures by which laws are applied must be evenhanded, so that individuals are not subjected to the illogical exercise of government power. Granted, the procedures that are needed to satisfy due process will vary depending on the circumstances, and subject matter involved; Winship was clearly being evaluated by two different and unequal evidential law standards, violating his due process rights.
→**take home: If you want to make a due process claim, need to make the argument that it is an adversarial proceeding wherein prosecutorial and judicial roles are being conflated. Precedential force as related to the APA: If the two incorporate the same language, then the interpretation of one must be performed in light of the other since they have a common
After that, if need be, the case is brought to prosecution. If the prosecution takes that case, then the case is put on trial. This is important because it shows just what the judicial part of government and the court part of the criminal justice system does, and why it is important. So the court systems job is to interpret the law and bring justice. The dual court system is a system in that there are state courts and federal courts.
In this paper we will attempt to compare and contrast the differences and similarities of federal and state government as it pertains to their role in the implementation of criminal justice policy. We will try to address several aspects of policy for the development and implementation of those laws. The United States Constitution governs our nation. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law.
Prosecutorial Discretion Prosecutors play very important roles in the courtroom. Prosecutors are granted the right by the courts to have discretion upon a case. Although, prosecutors are obligated to execute the law at both federal and state levels, they still hold the discretion of what charges to try and convict the defendant on. Prosecutors have a wide range of authority in the courts; therefore, the active prosecutor(s) must efficiently analyze any evidence being presented in a case in order to determine if the case will be strong enough to withhold a trial or even if the accused defendant is chargeable. In the case of Bordenkircher v. Hayes (1978), the court stated, “so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, the decision whether or not to prosecute, and what charge to file or bring before a grand jury, generally rests entirely in his discretion.” Although there are many factors that come into play when a prosecutor is considering dismissing a case, the most prominent issues are state and federal resources, time, and investigative teams.
While the first procedure was completed, the security officers at the kitchen, failed to pat the prisoners down again before entering. While it seems unlikely that the weapons were on the bodies of the two prisoners when they exited their cells, and therefore, missed by the security officer when searched the first time, it was a possibility. If the weapons were found by the first security officer that searched the two prisoners, then without questions the two inmates would not have succeeded in taking over the prison. After the investigation in to the invents of that day, it was determined that the officers conducted rushed and insufficient pat-downs on both Steven Coy and Ricky Wassenaar that day, as well as the other members of the kitchen crew. This lack luster effort left all the prisoners in the kitchen working as well as the prison staff members vulnerable to harm, dismemberment, and death.
Restorative justice comes in a variety of applications such as mediation panels, community service, circles, and so on. The type of program used by the juvenile court will depend on the type of restorative justice program offered in their geographical area. It is important, however, to understand all of the various restorative justice applications because this philosophy is quickly being adapted in jurisdictions across the United States. Disposition is a phase of delinquency proceeding similar to "sentencing" phase of adult trial. The judge must consider alternative, innovative, and individualized sentences rather than imposing standard sentences.