Criminal Procedure Unit3 IP
Jesse James, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for prosecuting Mr. James. You announce your decision not to seek the death penalty in this case, but under your state’s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community.
Assignment Guidelines
- Address the following in 900–1,200 words:
- List the various hearings that will typically occur and how the case is affected by each event.
- Provide an overview of the various courts in the typical state system where Mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may be raised at each stage in the process.
- What are the potential hearings that might be involved in this case? Be sure to describe them from the time of arrest through appeal.
- What are the relevant civil liberties issues pertaining to the 4th, 5th, 6th, 8th, and 14th Amendments present in this case?
- Be sure to reference all sources using APA style.
WV states law
Solution Preview
Criminal Justice Process
Following an arrest, the state, represented by the prosecutor, and the defense teams go through different hearings that culminate in sentencing, appeal, or dismissal of the case if the grounds for prosecution are not strong enough. The different hearings would include:
- A bail hearing- at this stage of the hearing process, the defense team presents a case on why the court should grant the defendant bail. Consequently, if there are high chances that the suspect could escape, then the court may deny bail. Ultimately, this stage of the hearing process does not bear much significance to the case brought before the court.
- An arraignment-the hearing in this stage will include the presentation of accusations to the suspect, in which case he will take plea of guilt or innocence.
(1,099 words)