criminal procedure
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.
Answer preview
Introduction
An arrest for a crime means the start of what could become a long and tedious journey through the criminal justice system. The court process in the United States legal system may vary somewhat from state to state. However, the procedure for a criminal case is the same in all states. Criminal cases in the United States criminal justice system involve various courts, various hearings, and different civil liver issues that pertain to the constitutional amendments.
Various Hearings
In the United States criminal justice system, several hearings are held during a misdemeanor or felony case (Worrall, 2007). The first hearing is the arraignment hearing; the suspect is aligned in court. It is the first appearance of the suspect in the court. At this stage, the defendant is advised of their constitutional rights and is appointed a lawyer…
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