Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
It doesn’t look like his life has changed much from Aurora, and like in Aurora, Yunior can’t overcome many of the challenges he faces. In this story Yunior’s friend, Beto comes home from college, and Yunior starts to hang out with him again. Yunior tells us what him and Beto used to do before, Beto left for college. He tells us how he and Beto used to steal, and break peoples windows. He says “We were raging then, the way we stole and broke peoples windows”.
A plea bargain can help a prosecutor by it saves the court valuable time for high-priority cases. Also it can help a prosecutor because then don’t have go through a trial if they have a lot of other cases. A plea bargain can also help a prosecutor because if the defendant takes the deal it shows that they are taking responsibility for the crime. When it comes to the defendant a plea bargain can help by the defendant could get a lesser sentence if they plead guilty to the crime the committed. Also it can help the defendant by not making them sit though a trial.
He had left to San Diego to start a new life and meet Marcos, His best friend, and Lonnie. Marcos and Jimmy had gone to jail for getting caught trying to ship weed and had gotten into some fights. But it wasn’t anything new for Jimmy since he had been in and out jail. Galvan was a drug dealer they had began to sell for and were always around
During middle school was when he was introduced to many illegal substances. He started hanging with the wrong crowd and was very much influenced by his peers. Middle school was also around the time when there started to be abuse within his family; between mother and stepfather to whom he called dad. Having abuse in his family; made him want to retaliate, not against his stepfather, but with the other kids at his school. Getting in trouble at school meant coming home to stepfather and getting punished.
Growing up Malcolm didn’t have much food so they got by off of friends or family. Malcolm was separated from his family and was often a problem child. By the time he was 20 he carried an arsenal of weapons due to his frantic fear of the police. He ended up going to Norfolk Penitentiary. While being in jail, his brother came to visit him.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
Sitz has to do with the police having the right to have checkpoints to catch people drinking and driving. The court reasoned that checkpoints are designed to eliminate immediate hazards posed by intoxicated drivers. This ruling may not seem substantially important to policing at first glance, but I feel keeping the public safe is a top priority for the police. These checkpoints enable the police to temporarily detain people who are, at that moment, a very serious threat to the public. The checkpoints have probably saved thousands of lives and this would not be possible if the police could only check for intoxication after someone has violated the law.
The idea is to make the probability of arrest and conviction high as well as the punishment severe enough to make the would-be criminal think twice before committing the act. These three elements are supposed to deter crime, but according to Mendes and McDonald, 2001, though the arrest and conviction probability is a strong deterrent, the severity of punishment plays a much lesser role in decisions. When deterrence is used for justification of punishment then the crime is looked at as a social disruption that society must act upon in order to control. If most people thought alike then deterrence would be more effective than it is now, because even though some people are deterred there are others who do not consider the punishment enough to prevent them from their deviant
We, always moved every year anyway. Due to my mother street life. (bars & prostitution) Though, for some reason this made them (siblings) all mad at me for having to move this time. Didn't help matters any, he got out of jail and found where we lived to break in and go back into jail. I agreed to marry a childhood friend that had went into the Army when I got into high school.