Criminal Procedure Criminal procedures are debatable on what is more effective and how to implement such policies. Due Process and Crime Control are two different models that explain the criminal procedure policy of the United States, and they will be discussed in this paper. Along with how the Fourth, Fifth, Sixth, and Fourteenth Amendments impact both of these models. The final subject of this paper will be how the Fourteenth Amendment applied the Bill of Rights to the states. The Due Process Model is a process that works on the assumption that the criminal justice system has errors, and because of those errors a defendant is not guilty until proven otherwise.
Before the 1981 Act the courts used several tests to decide whether D had done enough towards the commission of the offence to satisfy the AR. The main tests were the 'last act' test (had D done the lase act before committing the crime) and the 'proximity' test (were D's acts so 'immediately connected' to the AR as to justify liability for an attempt). However since those tests are now regarded as old law it can be extremely difficult to decide whether D's acts were more than merely preparatory. The cases Gullifer, Geddes and Campbell show that the courts are not always prepared to take a broad approach when deciding what is 'more than merely preparatory' (MTMP). This makes it difficult to know exactly what conduct is considered MTMP.
They deemed The Crucible was an allegory to McCarthyism. The book follows the events that occurred in Salem, Massachusetts. It portrays from the view point of the girl who started the witch hunt to townsfolk being victimized by the horrible acts of fearful people. The person most responsible for the epidemic of fear is Abigail Williams, a manipulative teenager trying to connect with her lover. Abigail Williams
Asked if she knew what it meant to kill someone, Weier purportedly responded, “I believe it’s ending a life and I regret it.” She also reportedly told the police, “The bad part of me wanted her to die, the good part of me wanted her to live.” Geyser reportedly stated that what she did was probably wrong. Both girls believed so much in the fictional character they thought that killing their classmate would show their devotion. Many people in court asked for mental tests to be done on both girls, since they haven’t done anything wrong before, the presence of a mental issue is possible. Geyser's attorney fought for the case to be fought in juvenile court. Though their brains are still developing they are still held liable for their actions.
Due Process CJA 224 February 13, 2012 Introduction The due process model is a model of the criminal justice system that believes freedom is important that every attempt must be created to make sure that criminal justice decisions are based on trustworthy information. Due process stresses the adversarial process, the rights of defendant and formal decision-making procedure. For an example because people are poor witnesses of ominous events, law enforcement, and prosecutors may well be wrong in assuming a defendant to be guilty. Therefore, people should be classified as criminals only on the base of firm evidence. Abstract The criminal justice process varies from state to state.
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.
Appeals Process Eric J. Wickboldt Cjs/220 February 26th, 2012 Ronald Ramsey Appeals Process Appeals Process The criminal justice system employs a number of processes that must be completed before an accused individual can be convicted of a crime. Once the trial is over and the accused individual has been convicted and the sentenced, the appeals process begins. An appeal can be described as a process that allows an individual who has been convicted of a crime to petition a higher court (court of appeals or appellant court), to have his or her case be reviewed for material errors or misapplications of law. The expectation for the convicted individual is to possibly have their conviction overturned. The textbook for the class defines
Did the prosecution in State of Florida v. Casey Marie Anthony overcharge the case? Was there enough evidence to convict Anthony as she was charged? What are your thoughts on the evidence presented by the defense? The prosecution in this case did make the right decision by deciding Casey Anthony was not guilty. I do believe the prosecution overcharged the case because they tried to go for the death penalty before all evidence was collected.
TENNESSEE v REEVES 1. In Tennessee v Reeves, the Court was faced with the issue of whether the actions of Reeves and her friend constituted a “substantial step” toward the eventual murder of their teacher as set out by the Code. They ruled that the girls, by possessing the poison which was to be used and taking it to the actual school room with no lawful purpose except to commit the crime they had planned--could have been considered by the fact finder to be a “substantial step” towards their eventual goal of murder. The rationale of the Court was that there is not a distinct line between the preparation for a crime and the act itself. It is a matter of “degrees”.
A lesson can be learned by looking into double jeopardy, and deciding the fate of these defendants. One can question whether or not an alleged criminal should be tried again if overwhelming evidence is found that would overturn an earlier conviction. One reason in support of double jeopardy is that the prosecutors are allowed more time to gather evidence and then