...Processing a Defendant in the U.S Court System CRJS101-1303A-12 Andrew Aguilar 08/19/2013 AIU Online Abstract Processing the important view on properly processing a defendant in a federal investigation will ensure the defendant prosecution, and due process. The best way to present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions, will ensure that justice, also to present the processing requirements and the mandated pretrial measures required by law. * Serving the warrant * Investigate the crime thoroughly and correctly * Arrest the defendant * Take the defendant in front of a federal Magistrate to set pre trail * Having the Miranda rights read to the defendant and the right for a legal counsel * The right to plead not guilty * The right to jury trail * Sentencing the defendant * The right of the defendant to have an appeal process * The rehabilitation of the defendant Outline According to (westmichiganfender.org) the united states can constitution requires that most federal criminal charges be reviewed by a grand jury”. If the majority of the grand jury votes that there was a probable cause. The grand jury will issue written charges against the individual, and what is called indictment. The federal prosecutor is accusing the individual of the crime. The initial appearance role is to advise the defendant of their charges, and the maximum penalty for...
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...Processing a Defendant: In A Federal Investigation. Unit 4 Corrections and Prisons July 7th, 2013 AIU ONLOINE PROFESSOR: TINA DINGLE Abstract Today we will be discussing how a defendant is processed through a federal case. This is exceptionally important because your actions or absence of actions as law enforcement during the detaining of these suspects can result in the difference between their prosecution and release under federal statue. This presentation will also act as a checklist as well as provide additional information that you may need while in the field or throughout the proceedings of this case. Understand that your participation in this case may not be limited to just arresting or the processing of evidence; you may be utilized as a witness, under oath, in front of a federal court of law. Federal Investigation Outline Format for Presentation Process 1.0 Investigation 1.1 Evidence: It is evidence that leads the prosecutor to believe he has a "Strong case", meaning there is strong evidence that the person or persons have committed the crime. Direct evidence would include a witness who saw the crime happen, video/audio tape of the crime, and statements done by witnesses, of the crime. Circumstantial evidence may come from someone who did not see the crime first-hand; it includes someone's feelings on multiple indicators in the theory of the crime, even though that person did not see the crime take place (Journalists Guide, 2011). 1.2 Decision to...
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...(P.T.I.), The Grand Jury, The Indictment Process, The Pre-Arraignment Conference and Arraignment, The Status and Pretrial Conferences, Trials, Presentence Investigations, Reports and Sentencing, Post-Conviction Motions, and the "TEAM" concept in Criminal Case Processing I will address a few of those process and how they work. The first process is the reporting of a crime and the arrest. The second process is Intake the Criminal Division of Superior Court manages criminal complaints from the time they are lodged to their resolution or "disposition". The accused, or "defendant" is charged with an offense as a result of a formal complaint issued by a law enforcement agent or a citizen who believes an offense has been committed against their person or property. It can also result from an "indictment" by a panel of citizens gathered to consider evidence, called a "grand jury". Arrests can occur at the scene of a crime or based on warrants or sworn statements ordering a court appearance. All arrests must be based on "probable cause", or reasonable grounds to believe that an offense has been committed and the defendant may have committed the offense. The third process is First Appearance: Once a complaint is issued, defendants are either arrested or issued a summons or notice to appear in municipal or Superior Court on a first appearance. If they fail to appear, a warrant may be issued for the accused's arrest by a judge if there is proof of...
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...Checklist * Officers must Conduct a Pre-Trial Investigation Officers must gather and then verify all information about defendant. Then that information will used to determine if the defendant should be released while awaiting trial. * When officers place the defendant or defendant under arrest, this is when the officers begin their Investigation. * The Police officer will then call the District Attorney with any information about the defendant, and the reasoning surrounding the defendant’s arrest. * Police Officers will then conduct interviews with the defendants and any witnesses * Interviews are conducted to determine what the defendant does on a daily basis and where the defendant calls home. * Before officers’ conduct their interview they may conduct a criminal history check which may be used against the defendant. The Officer will then speak to the District Attorney’s office about the charges and to see what their decision will be regarding a release or detaining the defendant. * When interviewing the defendant the interview will take place at U.S. Marshal’s holding cell, local jail, or law enforcement agency’s office. * When officers speak to defendants it is usually done in private and the officers must remain objective during the interview. * The Officer will explain to the defendant what information will be used to determine his or hers release or whether or not he/she will be detained. * Officers will never...
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...large roundup of gang members scheduled for the following day at 6:00 a.m. It is a federal case but is being supported by approximately 50 local officers and state troopers. A briefing is scheduled at 6:00 p.m. for the officers involved in tomorrow's arrests. Individual Portion: Each individual will share 3 deliverables with each other in the group and will provide a copy for the instructor for accountability of participation in the group. The following are the deliverables: A 1-page bulleted list of 10 points that are the more important in your view on properly processing a defendant in a federal investigation. A 1-page outline on the best way to format and present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law. Please add your file. Group Portion: As a group, you will take all the information that you have attained in the individual portion and decided to use for coordinating the information for briefing on the process at the federal court building. Your group is expected to produce a paper of 8–10 pages that will fulfill the following requirements. As you answer each requirement, you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles...
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...Stereotypes influence the processing of information, introduce prejudice into the legal system and form impressions of defendants in criminal cases; which may contradict a fair trial (MacLin & Herrera, 2006). They are perceptual representations that are perceived for members of a group and include the evaluation of that particular group e.g. their behavior and attributes (MacLin & Herrera, 2006). Recognising stereotypes and understanding how they create bias, has significant effects in the criminal justice system. It is desired to maximize the amount of correct decisions jurors render, For this reason, stereotyping is important to study in a jury setting. It is also imperative to study defendant gender and crime type, as a relationship between the two may influence jurors’ verdict decisions. Gordon, Bindrim, McNicholas and Walden (1988) conducted a study to determine the effect of defendant race and type of crime on juror verdicts. The independent variable was the type of crime (burglary or embezzlement) and defendant race (black or white), while the dependent variable was the recommended jail sentence. Crime descriptions that varied in crime type and defendant race where given to an equal number of black and white students to assess. Based on this, participants determined the defendant’s jail sentence and bail amount. The severity of the crime and the probability of the defendant repeating the crime were also scaled. The studies hypothesis was supported as the white...
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...Verifying: important information about defendant and defendant’s suitability for pretrial release. b. When officers are notified that defendants have been arrested, this is when the Investigation begins. c. The Arresting agent will place a call to the Pretrial service office with information about the defendant, and the circumstances surrounding the arrest (Pretrial Services, n. d.). II. Officers must Interview defendant(s): This is done to Determine defendant’s source of support, activities, living situation, and employment (Pretrial Services, n. d.). a. Prior to the Interview a criminal history check will be performed, the Officer may need to speak to the Assistant U.S. Attorney about the charges and government’s position for a decision to be made in deciding to release or detain the defendant. b. The Interview must take place in the U.S. Marshal’s holding cell, local jail, pretrial services office, or law enforcement agency’s office (Pretrial Services, n. d.). c. Officers speak to defendants in private and must remain objective during the interaction. d. The Officer Explains that information will be used to determine defendant’s release or whether or not he/she is detained. e. Officers must never discuss alleged offense, guilt or innocence and does not provide legal advice or recommend an attorney (Journalists Guide, 2011). I. . (Pretrial Services, n. d.). Verify Information received from the Defendant(s). II. Any information the...
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...JPMORGAN CHASE RADEGUNDA MOSHA BUSINESS LAW 1 PROF. AALIYAH MOHAMAD AUGUST 25, 2013. REFERENCE Constance E. Bagley. Seventh Edition. www.stimmel-laws.com/articles/torts.html www.cftc.gov Administrative agencies are agencies created by the legislative branch of government to administer laws pertaining to specific areas such as taxes, transportation and labor. The Securities Exchange Commission and the Commodities Future Trading Commission are independent agencies that are legally charged with regulating and providing guidelines for the trading and exchange of the goods, services within their respective jurisdictions. The security act of 1934 has fully empowered the Security exchange commission the power to discipline individuals and entities that are regulated in breach of industry rules and regulation. The Commodities Future Trading Commission on the other hand was created in 1974 to protect individuals, the public and industry players from manipulating, fraud and potentially abusive practices. The mission of Securities and Exchange Commissions is to protect investors, maintain fair, orderly and efficient markets and facilitate capital formation. Requiring public companies to disclose meaningful financial information to the public is an effective approach of the Security Exchange Commission takes in order to assure the security of...
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...justice system. Each person has a unique responsibility in regards to the role they play in how cases are processed through the court system. The roles are divided into categories of professionals and non–professionals. The judge, prosecuting attorney, defense attorney, bailiff, court reporter, and court administrator are among the professionals. Non-professional participants are those who attend court proceedings and may include the defendant, victims, witnesses, jurors, spectators and media personnel. There are specific guidelines the individual participants must follow for communicating and processing cases through the court system regardless if the case originates in criminal or civil court. The professional members in the courtroom are responsible for moving cases through the courts and ensuring all Constitutional Rights are protected in the best interest of society. Public outcry and advocacy have led to the emergence of victims’ rights in recent decades. Prosecuting Attorney The prosecuting attorney’s role is to present evidence against the defendant on behalf of society. When a case is presented to them, they must review the evidence and the charges against an individual to warrant moving forward with the case. The prosecutor attends every court proceeding in a criminal case armed with evidence to prove the defendant’s guilt which they must share with the defense. The prosecutor can exercise discretion in determining if a plea bargain is a justifiable means to resolve a case...
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...of the work done! In this article they are talking about a patent that was not approved which Dell implemented but later was enforced against various VL-bus manufacturers. The mechanism transfers instructions between a computer's central processing unit and its peripheral devices. In the article it states that the patent was a violation. Due to all parties being members of the Video Electronics Standards Association (VESA) they had their fair share of credit in the development of this mechanism. In the next case a patent was placed by the plaintiff and the defendant ignored the law and now is being sued for violation. Personally I don’t understand why the law couldn’t be abided by and I can understand that the law had to be enforced. The defendant eventually filed a counterclaim for alleged improper conduct on the plaintiff. It’s rightfully so because it seems as if the plaintiff was trying to be sneaky in their attempts to put a patent in place. The case was investigated under the Sherman Act and said the plaintiff had denied access to its technology. In the end the courts refused the defendants counterclaim and said that the plaintiff’s actions did not cause alleged injury to competition. I’m sure if the plaintiff had come to the defendant on different terms they could’ve come to a decision that would’ve been best for both parties. Sometimes when seeking legal action it can cause bad blood between parties. In conclusion, I think that having a monopoly society can affect the...
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...School of Accountancy University of Waterloo Waterloo ON N2L 3G1 Philip Services Corporation (Philip) is a Canadian company with its head office in Hamilton, Ontario. Its common shares are listed on the Toronto Stock Exchange (TSE), the Montreal Exchange and from April 30, 1996 the New York Stock Exchange. In 1997 the company filed with the Securities and Exchange Commission (SEC) a registration statement and a prospectus to sell 20 million common shares. The company is engaged in the business of providing metal recovery and processing services including environmental waste management services throughout the U.S. and Canada. Philip’s business was organized into two divisions – the Metals Group and the Industrial Services Group. The Metals Group accounted for more than 60% of the company’s revenue (US$ 1.1 billion out of US$ 1.75 billion) and was in turn comprised of three divisions – copper, ferrous and aluminum processing, and recycling. The company’s primary base of operations is in the U.S. with approximately 70% of its revenue generated in the U.S. as at September 30, 1997 and over 60% of its common stock held by U.S. investors. The company is subject to a number of US shareholder class action suits and is subject to disciplinary proceedings by the Ontario Securities Commission (OSC). The class action period runs from May 21, 1997 (the date the 1996 annual report was filed with the SEC) through January 26, 1998 (the date the company announced that it would...
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...The criminal justice system consists of three components which are police, courts, and corrections. The police serve many duties such as administering the law, examining crimes, capturing offenders, condensing and hindering crimes, cultivating public order, implementing communities are safe, administering emergency and pertinent community services and conserving the fundamental immunity and privileges of individuals. The courts conduct civil and equitable trials, determine criminal cases, establish due process, actuating guilt or innocence, appointing sentences on the guilty, vindicating the law, requiring humanity throughout the justice process, shielding the rights and freedoms of anyone facing processing by the justice system, and contributing a check on the exercise of power by other justice system agencies. The corrections import sentences imposed by the courts, administer safe and humanitarian guardianship and supervision of offenders, insulating the community, rehabilitating, reforming, and reintegrating convicted offenders back into the community, and respecting the constitutional and human rights of the convicted. (Schmalleger, Hall (2011). The components of the criminal justice process includes; investigation and arrest where a crime has been exposed, evidence is accumulated at the scene when probable, a follow up investigation pursuits to recreate the sequence of activities and in some situations an arrest warrant may be issued and booking takes place after the arrest...
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...835 N.E.2d ... * ------------------------------------------------- BFP v. Resolution Trust Corporation, 511 U.S. 531 (1994) * ------------------------------------------------- Blackshare v. Banfield, 857 N.E.2d 743 (Ill. App. Ct. 2006) * ------------------------------------------------- Buenz v. Frontline Transp. Co., 882 N.E.2d 525 (Ill. 2008) * ------------------------------------------------- Ceres Illinois, Inc. v. Ill. Scrap Processing, Inc., 500 N.E.2d ... Full Table of Authorities Share this Opinion AMERICAN MANAGEMENT CONSULTANT v. Carter, 915 N.E.2d 411 (Ill. App. Ct. 2009) Appellate Court of Illinois Date Filed: June 16th, 2009 Status: Precedential Citations: 915 N.E.2d 411, 333 Ill. Dec. 605, 392 Ill. App. 3d 39 Docket Number: 3-07-0714 Judges: McDade Fingerprint: 025e5e23b62539d1149a0d6cc0408de35cff7dfc 915 N.E.2d 411 (2009) 333 Ill.Dec. 605 392 Ill. App.3d 39 AMERICAN MANAGEMENT CONSULTANT, LLC., and River Stone Apartments, Plaintiffs-Appellees, v. Geaniece D. CARTER, Defendant-Appellant. No. 3-07-0714. Appellate Court of Illinois, Third District. June 16, 2009. *414 Geaniece D. Carter, Romeoville, MI, for Appellant. Wayne Shapiro, M. Anne Hannigan, Law Office of Wayne Shapiro, Chicago, IL, for Appellee. Justice McDADE delivered the judgment of the court and the following opinion: Plaintiff, American Management Consultants LLC, filed a complaint...
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...this paper, I will attempt to define and discuss plea bargaining, distinguish between charge bargaining and sentence bargaining, compare and contrast the advantages and disadvantages of plea bargaining, and last but not least describe how plea bargaining reflects or thwarts the crime control and due process models of criminal justice. Define plea bargaining A plea bargain is defined as any form of agreement in a criminal case that is between the prosecutor and defendant and the defendant agrees to plead guilty to a certain charge in return for some reduction from the prosecutor. This can generally mean that the defendant will plead guilty to a charge that is not as serious of what they’re being charged with, or to one of many charges in order to have other charges dismissed from their case; or it could also mean that the defendant will plead guilty to the original criminal offense in return for a lighter sentence. Plea bargains allows both parties to avoid a lengthy criminal trial and may allow criminal defendants to avoid the risk of conviction at trial on a more serious charge. For example, in the legal system in the United States, a criminal suspect charged with a felony theft charge, the conviction of which would require incarceration in a state facility may be offered the chance to plead guilty to a misdemeanor theft charge which may not carry a sentence but be placed on probation. Distinguish between charge bargaining and sentence bargaining Plea bargaining can be...
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...learn the rules, they need to be more discrete. This means choices have to be made when there is an alternative course of action. Being discrete is often common in the criminal justice system. Discretion comes into play whenever police make choices about whether to arrest, investigate, search, question, or use force. Similarly, prosecutors exercise individual judgment in deciding whether to charge a person with a crime and whether to plea-bargain (“The process of,” 2012). Law enforcements are not the only people that are discrete in the criminal justice system. Judges have to make decision whether to set a bail for an offender, agree or disagree to a plea bargain, and on what sentence to apply to an offender’s crime. The major steps in processing a criminal case are as follows: 1. When a crime occur, law enforcement has to perform an investigation. During an investigation, law enforcement gather all the evidence to help point out the offender and have a reason to arrest them for the crime that has been committed. Sometimes during an investigation a search warrant must be obtain in order to search the offender’s property or to search the offender. Also an offender can be arrested based on probable cause. Probable cause means there are facts or apparent facts...
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