...Analysis of the Homicide Trial of Jodi Arias By Robert Davis Professor Lauren Burke CCJS 100 6382 University of Maryland University College March 8, 2013 Robert Davis Professor Burke CCJS 100 March 8, 2013 Analysis of the Homicide Trial of Jodi Arias The criminal justice system ensures the safety and protection of society from criminal offenders. The process of the criminal justice system begins when a criminal offense is reported to law enforcement officials. If required, an investigation begins, leading to a warrant and arrest. Following the arrest, bail is set and a preliminary hearing is scheduled. If the defendant is indicted, a trial date is set. Providing the defendant does not waive the right to a jury trial, a jury is selected and the trial begins. If the defendant is found guilty, a sentence is imposed, usually within a few days of the jury’s verdict. If the defendant wishes, he or she can then appeal the guilty verdict and sentencing, thus beginning the trial process again. Police officers, detectives, prosecutors, and defense attorneys make great efforts to ensure justice is served swiftly and fairly, thus creating a strong and effective criminal justice system. Description of the Crime Jodi Arias was arrested in July 2008 for the brutal murder of her boyfriend, Travis Alexander. Travis was stabbed twenty-seven times; his throat was cut, and he was shot in the head in his Mesa, Arizona home. Jodi and Travis met at a Prepaid Legal conference and...
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...Criminal Procedure Policy Order and liberty are two areas within criminal procedure that have tension among one another (book). Order is a stronger approach toward the criminal justice system than liberty. Liberty concerns an individual’s rights to due process, which means everybody deserves the same rights when arrested regardless of the circumstances such as poor person versus a rich person. The two models that were developed by Herbert Packer were the crime control model and the due process model (book). Both models have similarities as well as differences and not one is “good” and the other “bad” according to Packer. The two primary goals within the criminal justice system are the need to enforce law and maintain social order and the need to protect people from injustice (defenseinvestigator). The fourth, fifth, sixth, and fourteenth amendments play a signifigant role when analyzing both the due process model and the crime control model. This paper will further explore both models as well as how the models view the fourth, fifth, and sixth amendments and how the fourteenth amendment gives the same rights on a state level as well as federal. Crime Control Model The crime control model is a stern approach to the criminal justice system. As described by Hubert Packer, “the crime control model is like a conveyer belt, moving cases starting from arrest to conviction in a swift and fast process (Book).” Fact finding is what defines this model. If an officer makes an...
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...If you or a loved one is facing criminal charges, a basic understanding of the justice system is essential to mount a proper defense. Not only will this aid your criminal lawyer in representing your case, but also dramatically increase your odds of avoiding a conviction. Below, Goshen, NY criminal lawyer Marc D. Orloff, Attorney At Law answers several criminal law FAQs. Criminal Law FAQs Do I Need a Criminal Lawyer? Consulting with a seasoned criminal lawyer is crucial when facing criminal charges. An attorney will assess the details of your case, offer valuable guidance and advice, file necessary paperwork, negotiate with the prosecution, and ensure you are treated fairly throughout the proceedings. When Should I Call a Criminal Lawyer? You should contact a criminal lawyer as soon as you are arrested, become aware you are under investigation, or suspect you have committed...
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...reached the Supreme Court in 1966. Police investigations varied between departments throughout the United States. Some procedures which some became labeled coercive began to be observed, in some urban centers. Police officers want to determine the facts in cases of criminality and to protect the public by apprehending the perpetrators of crime. Some argued that taking overly aggressive actions undermined the civil liberties upon which the American Nation was founded. Given these competing arguments, and the Warren Court’s then recent trend toward increases activism, the setting was set for a hearing of these matters in the highest court of the United States. That came in the form of Ernesto Miranda. Ernesto Miranda was arrested in a serious criminal case, it involved the kidnapping and rape of a young women. His arrest was based on generally circumstantial evidence, without any clear proof. Police investigators decided to interrogate Miranda in order to ascertain the facts of the matter. Evidence in the case indicates that under police interrogation, Miranda confessed to the charges against him. A written statement was drawn up, which had included waivers in which Miranda attested that he was not coerced and that he understood his legal rights. Miranda signed this document, providing clear means for any prosecution to secure his conviction in a court of law. Important to the legal challenge is the fact that, despite this wavier, Miranda was never actually told he...
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...The Deception by the Investigating Officer paper 544 3/21/2016 Melba V. Pearson The Deception by the Investigating Officer paper In life, there three parts of a story, in the criminal justice field there is law enforcement's part of the story. Then there is the person in questions part of the story, and then there is the part, which holds the truth in the story. People are naturally born, to do everything in their power to make sure they can safeguard their existence. Despite, anyone found culpable with committing a criminal act or also not found guilty, of doing criminal acts likelihood of them meeting consequences for their conduct will likely be all the time. People will refute actions as such, to avoid consequences from being done to them. Police officers employees walk on eggshells with considering the use, with deception to discover the truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the...
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...The Deception by the Investigating Officer paper 544 3/21/2016 Melba V. Pearson The Deception by the Investigating Officer paper In life, there three parts of a story, in the criminal justice field there is law enforcement's part of the story. Then there is the person in questions part of the story, and then there is the part, which holds the truth in the story. People are naturally born, to do everything in their power to make sure they can safeguard their existence. Despite, anyone found culpable with committing a criminal act or also not found guilty, of doing criminal acts likelihood of them meeting consequences for their conduct will likely be all the time. People will refute actions as such, to avoid consequences from being done to them. Police officers employees walk on eggshells with considering the use, with deception to discover the truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the...
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...accommodate regulations adopted to ensure only criminals are convicted. These restrictions have been part of the United States since the Bill of Rights was generated in 1791, but in the 1960s, as “Law and Order,” the view that crime must be dealt with harshly to deter citizens from breaking the law, the Supreme Court was forced to decide the constitutionality of the rules of interrogation. In the Sixties, crime was escalating and public safety was becoming a growing concern; police began to treat suspects harsher in an effort to raise conviction rates and promote public safety. In 1966, however, the jurisprudence of the entire US justice system changed when the court of Chief Justice Earl Warren was presented with the case Miranda v Arizona. In this case, the majority decision ruled to protect suspects’ rights, extending equality of protection regardless of legal knowledge or background, not only highlighting the trends of human rights and equality in the Sixties, but also the tensions between criminal rights versus public safety, demonstrating a shift from the conservative ‘law and order’ jurisprudence to more liberal methods of interrogation and conviction. On March 2, 1963, Ernesto Miranda kidnapped a woman (whose name was not released to the press for her safety), drove her into the desert, and raped her. After an eleven day investigation, Detectives Cooley and Young caught Miranda and took him to police station for questioning. During Miranda’s interrogation, he was told...
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...Courtroom Participation Paper Courtroom Participation One of the core components to the criminal justice system is the judicial system. The judicial system consists of participants who have specialized roles that are associated with the courtroom. There are 10 basic roles that the participants play which include; judge, prosecutor, defense counsel, bailiff, court reporter, clerk of the court, witness, jury, defendant, and spectators. The judge has the ultimate authority in the courtroom, and is used to protect both the rights of the accused, and the best interest of the public. Courtroom participation is an important aspect, and is necessary in helping to secure the rights which are protected under the United States Constitution. The courtroom work group works together, and is guided by ethical considerations, and statuatory requirements that are bound by law (Siegel, Schmalleger & Worrall, Chapter 7, 2011). There are professional, and nonprofessional participants that help to make sure that everyone is guarenteed a fair, and just trial. This paper discusses the important roles that each particpant plays in the judicial system. Each member of the courtroom has duties, and responsibilities that help in the procedures that are established in court proceedings. Courtroom Participants And Their Roles The courtroom arena is equipped with different players who make up the core of the court system each player posses a different skill...
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...* Lecture Notes CJ 110 Weeks 13 & 14 4/22 - 5/3 Video: The New Asylums * Arraignment * The first step in the criminal proceeding * Defendant appears before the judge to be advised of the charges and enter a plea * Bail * The amount of money or conditions set by the court to ensure that the defendant will appear for further criminal proceedings * Look at many factors: * Uncertainty, risk, overcrowding, ties to the community * Release on Recognizance (ROR) * Cash * Bail Bond * Personal property * Plea Bargaining * Defense and Prosecution form an agreement for some form of leniency (Ex. plead guilty for lesser charge, fewer charges, reduced sentence, etc.) * More than 90% of all cases * Advantages: * Avoid an expensive trial * Case is handled quickly * Less work for attorneys * Witnesses/jury not forced to appear for trial * Disadvantages? * Defendant is entitled to jury by peers and to face his/her accuser * May plead guilty out of fear (when innocent) * Overcharging by prosecutors as incentive * Not potentially getting full range of punishment/sentence for the crime * Pretrial Detention in Jail * Offenders are detained if considered a flight risk in order to assure appearance in court * Detained if considered dangerous * Preventive...
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...In cooperation to the mission of protecting safety of society, police officers actively take an action that is commonly called “stop and frisk”. This allows them to detain the suspicious drivers and pat them down to scrutinize whether they carry illegal contraband or drugs or weapons in their cars. The existence of racial profiling in police’s duty is accused as black drivers and hispanics drivers are more often to be pulled over than that for white drivers. Since blacks and hispanics have committed more crimes, it is reasonable that they become suspects in police’s perspective and comprise the majority of people who are stopped and frisked. In despite of racial controversy regarding “stop and frisk”, this strategy, in fact, brings more positive...
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...law. You have the right to an attorney and having the attorney present during questioning. If you cannot afford an attorney, one will be provided for you. Reason for existence The police debated if a accused person confessed to a crime without knowledge of the 5th amendment right, it was the defendant’s fault for not invoking it. These rights were originally passed into law to prevent the police from manipulating citizens who were not well aware of their rights,...
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...environmental offences typically allow a defence of `due diligence’: if a company has done everything it could to avoid the harm occurring, it can escape blame even if the harm does occur. Why is such a defence a good idea from the ethical point of view? Would BP, on the facts as given in the case scenario, have a defence of `due diligence’ as regards the harm they caused to the environment in Alaska? If so, why? If not, why not? To study or make reasoning on whether BP’s “due diligence” defense can actually exist, the first thing need to consider is the reasonability of effort in which is used to prevent the incident gave rise to the suit. In order to successfully defend that the company did exercise “reasonable efforts”, there are two main branches need to be satisfied: First, that the defendant demonstrate that it “reasonably believed in a mistaken set of facts which, if proved, would render the prohibited act or omission innocent”. (Thomspon Rivesr University) In BP’s case, the pass incident of false alarm could be used by BP to defend itself. However, given the fact that 3 alarm warnings were set off during a relative short period of time, it is hard to defend that the “false alarm” excuse can be used to say that the warning was “a mistaken that render the prohibited act or omission innocent”. Second, the defendant must prove that it took reasonable steps to avoid the particular prohibited event. This second branch is most often used in defence arguments and can be substantiated...
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...“ a full and candid account ” Using Special Accommodations and Testimonial Aids to Facilitate the Testimony of Children BOOK 4 Video-recorded Evidence by Alison Cunningham and Pamela Hurley The opinions expressed herein are those of the authors and do not necessarily reflect those of the Department of Justice Canada or the Government of Canada. Alison Cunningham, M.A.(Crim.) Director of Research & Planning Centre for Children & Families in the Justice System Pamela Hurley, M.Ed. Director, Child Witness Project Centre for Children & Families in the Justice System Download copies of all seven handbooks in the series at: www.lfcc.on.ca Disponible également en français sous le titre « Un récit complet et franc » / Recours à des arrangements spéciaux et aux aides au témoignage pour faciliter le témoignage des enfants : Enregistrement vidéo. © 2007 Centre for Children and Families in the Justice System (London Family Court Clinic, Inc.) Library and Archives Canada Cataloguing in Publication Cunningham, Alison J., 1959A full and candid account : using special accommodations and testimonial aids to facilitate the testimony of children / by Alison Cunningham and Pamela Hurley. Includes bibliographical references. Contents: book 1. Overview of issues related to child testimony – book 2. Testimony outside the courtroom – book 3. Witness screens – book 4. Video-recorded evidence – book 5. Designated support person – book 6. Hearsay evidence and children – book 7. Children & teenagers...
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...My report on court room observation focuses on observations from two courts. The first one was the………………….The second one was the Crown Court …..Street in City Centre for criminal court observations. The Courts are held in order to resolve local disputes and maintain order in the society. Before attending, each court was contacted in order to find out the times and cases that could be attended as some cases such as youth cases are not open to the public. Firstly I attended to the……………….. The entrance of the building was imposing. After some guidance from the people there I attended to court 20 of the fifth floor which there was a civil case about a car incident. The layout of the courtroom was simple there was no raised layers except from the judge's. Also there was not defendant's box and no presence of police. The judge was a middle-aged, middle-class, white male. The public sat on the back of the court room. The case I have heard was about a car incidence, as I mentioned above. This case included a claim from the one party and a counter claim from the other. The claim was made because the defendant did not see the plaintiff car coming and try to evade. The counter claim was made by the defendant for personal injury as the defendant injured his leg and his lower back from the collision with the woman's car. But as I have seen in the court room the two claims examined simultaneously by the judge so as in order to save time. The legal way to examine a claim and a counter claim...
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...Truro Police Department CRIMINAL INVESTIGATION Policy Number: OPS-6.02 REFERENCE: TPDM Policy OPS-6.02.1 Effective Date: June 1, 2000 Revised Date: October 20, 2004 Accreditation Standards: Mass. Gen. Law: Chap. 90, Sec.22B, MRCP 14(a)(1)(A)(viii) Other: Comm. v. DiGiambattista, District Attorney’s Guidelines on Identification Procedures _________________________ POLICY: It shall be the policy of the Truro Police Department to conduct criminal investigations for the purpose of clearing crimes by arrest and/or complaint; to prosecute lawbreakers; and to recover stolen property. Whenever members of this department conduct an investigation, which requires the interrogation of a suspect, or an interview, connected therewith, all constitutional and statutory rights guaranteed under the law shall be afforded to the individual. The Truro Police Department will ensure that there is a screening of all reported offenses to assure adequate follow-up investigation whenever appropriate. Whenever possible, the District Attorney’s Guidelines on Identification Procedures with attached forms and checklists will be used when dealing with photo line ups, arrays, show ups and taped interrogations and identifications. (Revised October 20, 2004) PROCEDURES: 1. UNIFORM PATROLMEN CONDUCT PRELIMINARY INVESTIGATIONS: Most preliminary investigations will be conducted by members of the patrol force since they are usually the first to arrive at the scene and can start the investigation without delay. Patrolmen...
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