Gen. Laws. Prior Proceedings: Petitioner defendant appealed his convictions for distributing cocaine and trafficking in cocaine, in violation of Mass. Gen. Laws ch. 94C, ßß 32A and 32E(b)(1), alleging that respondent Commonwealth of Massachusetts violated his rights under the U.S. Constitution. The Appeals Court of Massachusetts affirmed the conviction and the Supreme Judicial Court of Massachusetts denied review.
I opened the crates located in the cargo area. The crates were concealing 100 kilos of cocaine. We are investigating Mr. Rosamilla involved in the 100 kilos drug bust. Mr. Rosamilla has informed me he was purchasing his drugs from a Mr. Tony Montana located in Miami; Fl. Mr. Rosamilla has agreed to cooperate in the investigation of Mr. Montana.
The first, and only, case I observed at the United States District Court on the morning of 7th November 2008 was USA vs. Brinson-Scott. In this case, Brinson-Scott, the defendant, was charged on several counts, including the possession of powder cocaine, and possession of crack-cocaine with the intent to sell to others. The fourth day of the litigation was set-aside to focus on the collected evidence, and allowed witnesses to testify and be questioned by both prosecution and defense attorneys. One important witness that testified during the trial was a forensics pathologist. Since the prosecution’s goal was to exemplify to the jury that Brinson-Scott clearly had intent to distribute, the forensics expert was questioned in detail about an
Properly Processing a Defendant From my prospective the most important way of properly processing a defendant in a federal investigation are the following: * The right to plead not guilty * The right to a jury * Right for a legal counsels * Serving the warrant * The Miranda rights * Right at the trial to cross examine and confront the accuser * Court authority to order restitution * The maximum possible penalty * The minimum possible penalty * For the court to apply the sentencing guidelines The Federal Criminal Pretrial Process * Evidence The prosecutors present the evidence to the grand jury, who then determine if the information is accurate. * Arrest Warrant or Summon After the evidence has been provided, an arrest warrant or summon is issued. If an arrest warrant is issued then they will only know when
Analytical Framework I chose the article “Justices Say GPS Tracker Violated Privacy Rights,” by Adam Liptak that was published January 23, 2012. This is a case about Antoine Jones. I will now discuss how governmental level, political and structural levels of analytical framework can help clarify the article. The Supreme Court opened a case on Antoine Jones who is a night club owner. He was suspected of being part of the cocaine business.
Sequence of a criminal case. http://www.northumberlandco.org Hessick III, F.M. (2002) Plea Bargaining and convicting the innocent: The role of the prosecutor, the defense counsel, and the judge. BYU Journal of public law, 16(2) 189-209 Federal Magistrate Judges Association (n.d.) web resources-AIU Library Representing clients before charges are filed (n.d.) Attorney http://www.weegy.com When does a judge or magistrate’s function begin (OCT. 2009) courts & judges http://www.weegy.comCriminal Bronitt, S. (2008) Toward a Universal Theory of Criminal Law: Rethinking the Comparative and International Project. Criminal justice ethics, 27
November 18, 2012 An arraignment is the process by which the defendant, the person being accused of a criminal act, is read specific charges against him. It is the first step in the criminal process after arrest, it just a brief court hearing. All arraignments are conducted after the suspect is arrested and booked by law enforcement. An arraignment takes place only after the prosecuting attorney decides to file charges. The first two steps in an arraignment are for the accused person, defendant, is addressed by name.
The case that I will be writing a brief on is the case DICKERSON v. UNITED STATES, 530 U.S. 428 (2000). In this case, Charles Dickerson, the petitioner, confessed to committing a crime during his questioning by law enforcement. The petitioner motioned to the court that his confession was obtained by his law enforcement officer before being read his Miranda rights. Subsequently, “[t]he District Court granted Dickerson’s motion and suppressed the statement as evidence, but the United States Court of Appeals for the Fourth Circuit (the “Fourth Circuit”) allowed the statements into evidence.”(casebriefs) Ever since the case Miranda v. Arizona was heard in 1966, “Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture.” (Samaha, J.) Chief Justice William Rehnquist referred to the Miranda case during the ruling of the 2000 Dickerson v. United States.
Processing a criminal case it includes investigation, arrest, booking, first appearance in court, preliminary hearing, indictment, arraignment, adjudication. Sentencing, and corrections and how the structural of the government works with the criminal justice system (Schmalleger, 2011, pg 28-29). References CliffsNotes.com. (2013, April 26). The Structure of Criminal Justice.
Prosecution versus Defense Sherri Porter Introduction to Criminal Court System December 4, 2011 Stephen Slaughter Axia College of University of Phoenix Prosecution versus Defense Two very important roles in the criminal justice system are the defense and the prosecution. Holding the criminals accountable for their actions, and proving they were the ones who did it are the prosecutions responsibility. The defense is in charge of making sure the person accused of the criminal offense is proven innocent of the criminal act they are being charged for. The defense also makes sure the accused gets a speedy trial. The prosecution’s job starts the minute they are informed about the criminal act the person is being accused of.