Due Process INTRODUCTION TO CRIMINAL COURT SYSTEMS CJA/224 Julia Mosley Week III May 16, 2011 REBECCA ROSENSTEIN Adversarial system when two parties develop and present their arguments, gather and submit evidence, call and question witness within the laws, rules and procedures. In such system, the judge acts as an independent magistrate rather than prosecutor; distinguished from inquisitorial system. When a person is accused of a crime the burden of proof is on the state to prove its case
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Approximately 80% of criminal defendants are indigent and thus unable to hire a lawyer. People fear police harassment, retaliation, and abuse−especially poor people of color. Those looking for an attorney often find that unless there are broken bones and no criminal record, private attorney would unlikely be interested in the case. Without significant provision over the authority when exercising police discretion, they can arrest Americans for nonviolent drug charges with relative ease. The Supreme
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that Draper left for Chicago by train the day before and would be back on the morning of the 8th or 9th with three ounces of heroin. Hereford also gave Marsh a detailed physical description of Draper. On the morning of September 9, Marsh and a Denver police officer spotted an individual matching Hereford’s description at the Denver Union Station, they stopped him and then arrested him. Upon searching Draper, two envelopes containing heroin and a syringe were recovered. Marsh took Draper into custody
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lives of all black individuals including the disabled, homosexuals, black-undocumented, blacks with records, women and men. Each has been a target of abuse, racism, police brutality and violence. Black Lives Matter movement addresses the fact that black Americans for a long time are more than white Americans to die at the actions of police brutality, subjected to black on black crime, and the continuation of fighting for black equal civil rights. Black lives are not more special than whites or nay other
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Criminal vs. Civil Law Jennifer M. Martin Kaplan University Professor Hardgrave 9pm Criminal vs. Civil Law The American Legal System consist of two types of case laws. They are civil and criminal case laws. In Civil case, it begins when a person or entity (plaintiff) claims a person or entity (defendant) didn’t fulfill their legal obligation to the plaintiff. Whereas, Criminal case begins when a Government (United States Attorney or States Attorney) prosecutes a defendant if charged with a
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ask the clerk if there was anything I could do that day to get them taking care of. I told her I had just graduated from the police academy and I had begun putting in applications for a position as a peace officer and I couldn’t move forward in the hiring process until it was taken care of. The clerk asked me where I had applied and I told her I had applied to Ovilla Police Department. The clerk replied that that was a good place to work and that was the extent of our conversation. She told me that
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SUMMARY OF THE FACTS: Following an armed robbery, police obtained arrest warrants for both suspects. While executing defendant Buie’s arrest warrant at his home, he came out of the basement. An officer then conducted a search of the basement in case there was anyone else there that posed a danger to the officer’s safety. During this search the officer found the running suit that was worn at the time of the robbery. ISSUE: (1) Is probable cause that a danger exists required in order to conduct a
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384-Spring 2015 March 22, 2015 Use of Force Abstract This paper addresses the reasons why police use force and how police use force to apprehend suspects. There are several elements that should be considered before police use force. These elements include: if the police officer has reasonable cause to use force to arrest the person, if use of force will help protect the officer and others, and if the police offer should result to using deadly force. These elements are things that all officers are
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parts: Police, Courts, and Corrections. All three portions work together to protect each individual’s rights and the rights of society against crime. Crime is defined according to Merrian-Webster as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.”() Having the three components working together makes the criminal justice system function like a well tuned machine. Police In order for the police to be
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information provided by the investigators, and at that time Prosecutors decide whether there is enough evidence to charge/indict the case. Once the prosecutor believes that they have a lock tight case, he or she may request a warrant bases off probable cause. The federal law enforcement officer or an attorney for the government will bring the affidavit or
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