CRJ 320 - THE BIG STAGE

THE BIG STAGE
ASSIGNMENT THREE
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The Big Stage
Strayer University
Felicia McCaw
Professor Tamara Mangum
CRJ320
Online Winter 2017
March 11, 2017

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In the viewing of the whole is the United States of America and its unique complementary systems of justice that is funneled down from the Federal government and every state in this country. The Federal government and each state have their own structuralized criminal statutes, court system, prosecutors and police agencies.

As the world evolves, so does the criminal statutes, court systems change systematically to adjust to the changing techniques of criminality and the subtleties in people and the commerce. Crime and its prevalence is the seductive lure to defy the motto “we never sleep” and its own self-serving modus operandi. As sure as a certainty is not a fact so does the act of crime spiral and grow to reflect that assumptions and presumptions are not parallel to the mental acquisitions of a hereditary base.

Therefore, since acts of crimes are not due to hereditary but a summarily willful need, want and desire to usurp the structural legalistic basis it concludes and renders support to the criminal mind in training vs. the idea that criminality is born and is an inherent base that can be instilled from generation to generation. If indeed the question of what makes a criminal mind persistently appear then what indeed makes a perpetrator begin the act of criminality As with the act of criminality comes the act of complaint and then the obligation to investigate and follow procedure to secure and proceed with the process of arrest and trial.

The district courts stand as trial court of the federal judicial system and have original jurisdiction over most cases. These courts are the only courts that allow cross-examination and examination of witnesses. Therefore, the factual contents of record is established in these courts with rights to subsequent appeal of decision that pertain to correcting error but not adjustment of previously documented facts.

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Under the category of trial courts is the right to either a jury trial or the right to waive having a jury trial which is referred to as a bench trial. Two types of juries that are associated with the federal district courts are as follows:

• The Grand jury is a group of men and women gathered to determine the factual basis of whether probable cause exist to determine guilt of a federal crime that he or she has been accused of doing.

• The petit jury consist of people selected from the community to hear evidence to determine if a defendant in a civil trial has liability or whether a defendant in a criminal trial is guilty or not.

Under the state court are the Trial Courts of Limited Jurisdiction which accommodate approximately 85% of all courts in the United States. Under this sector are the various names that fall under the state’s hand as follows: Justice of Peace, magistrate courts, municipal courts, city courts, county courts, juvenile courts, domestic relations courts, metropolitan courts and others. These courts have limited jurisdiction and is restricted to minor cases. Under these courts are three levels of violation: infractions, misdemeanors, and felonies.

The next trial court is the Trial Courts of General Jurisdiction which handles and accommodates the more serious criminal and civil cases and sometimes juvenile, criminal offenses, domestic relations cases and probate cases as well. Further, these courts also have an appellate function that start in Trial Courts of Limited Jurisdiction and as such they are heard in a trial de novo or tried again in the Court of General Jurisdiction. Further as a general rule, trial courts divide into judicial districts or circuits which pertain to using existing political boundaries by county or a group of counties to define the lines of the district or circuit.

In order to reach the area of these courts, the first priority is the investigative stage. During this stage is the culmination of evidential findings that assists in determination if indeed a case exists. In order to support and facilitate existence and stability of case the primary objective

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consists of reviewing, evaluating all evidence, positive or negative, weaknesses and strengths, comparative thoughts of rebuttal as an addendum along with a chain of custody. The next step would be inclusive of reviewing all reports that relates to the case, transcripts of deposition given, preparation of witnesses and a pretrial conference with the prosecutor.

After the investigative stage has conclusively rendered the act of confirmation and stability, the next act would be the charging stage and its fecundity level allowing either the levying of felony charges or refusal by either a grand jury by states that have it or by the federal government. Criminal charges may be determined or refused by a prosecutor (district attorney, state’s attorney, city attorney, etc.) in states that have this system implemented. Summarily, after the indictment or complaint is issued, the defense attorney (lawyer) may plead for dismissal, new discovery of evidence, or a motion to suppress use of evidence if it was illegally obtained. If the case is acceptable, evidence is intact and then allow the following choices to be activated by the processing of the case by jury trial, or bench trial that allows a case to be presented without jury, plea bargain (negotiated plea) or sentence bargain to reduce sentence of years or level of the act of criminality or lastly a guilty plea is entered.

As noted, the prosecutor and the investigator work as a complementary team to determine if an actual need for a case has the right elements to go through the progressive investigator stage. Further as a compository team the prosecutor is the investigator’s legal advisor throughout the process of the investigation, pretrial conference, and court presentation. Lastly, the final determination is the prosecutor’s determination.

As the other team partner, the legal investigator role is a tremendous bonus and is “priceless”. The ability to be objective is a quality that is almost like an inherent trait that is required, plus the ability to be methodological and professional with high work ethics. Because

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of this needed feature during the process of interviewing or reviewing previous statements of all witnesses and parties tact is a necessary feature. Recreation of the scene, review of all physical and forensic evidence, gathering and processing new evidence, drafting reports of his or her investigation, preparing exhibits for trial purposes, courtroom testimony, follow-up during trial, penalty and sentencing phases.

Further, these duties are charged to work in complementary fashion as the prosecutor who acts upon what is called the “prosecutorial discretion” to examine all material or circumstances regarding the case that the investigator has gathered and make a determination to proceed or not based upon utilizing the police report in collusion. As the position is a political position and is an established elected official office it is at his or her discretion to select among cases to help establish a quota. Further, as another interaction of the investigator with the prosecutor, the affective state of control can alter or shape prosecution discretion in the manner of whether an offense has been committed or whether a person can be levied an offense charge.

Therefore, the prosecutor has in essence control of authority in relation to discretion by first to proceed with case initially presented by police, second to continue with case presented by police with amendment or alterations, third to discontinue the case presented by police due to reasons of instability, lack of concreteness or inability to complete levy of charge. These choices are relevant to the prosecutor in binding a case for hearing, a charge to be levied upon said person, entity, or company.

Because of this, the relationship of the prosecutor and investigator is not clear-cut but all cases are subject to various levels of discretion and authority. However, as effective is the right and responsibility of the prosecutor to continue, promote, and strengthen the rule of law and duty to combat impunity and endure all states of lawfulness. As such the rule of law assists in the

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anchoring and stabilizing of legality with emphasis on maintaining a connection to social development and change to ensure that matters of law, legal and criminal practices are current and ready. Consequently, this allows the prosecutor to commit to human rights to upholding the role of law to further retain credibility and moral authority because they are guarantors of the rule of law as well as the situated party to combat impunity and ensure the lawfulness of State actions.

The prosecutor’s rule is situated in a government that abides by standing laws and respective human rights to ensure fairness, defined in part as equality of all before the law and under the law, predictable, consistent and effective rulings and lastly protection of human rights, and law and order and or duty of state to protect its citizens. With this in mind, prosecutors may participate more actively in the role of investigation of crime, as depend on national law as such the relationship with the police may differ. This may include supervision over the legality of these investigations, supervision of the execution of court decisions and exercise of other functions as proxy for public interest. In accordance with expectancy, he or she is to act consistently and expeditiously with respect, protection of human dignity and be an upholder of human rights to contribute to due process and the smooth functioning of the criminal justice system. Further as a protective base states must ensure the ableness to function professionally without intimidation, hindrance, harassment, undue interference, or unjustified exposure to civil, penal or other liability.

As times have progressed, new challenges have become prevalently obvious revolve in questions, probabilities and improbabilities that reveal and intersect with complex of social, organized crime, new technology and implementation of complex procedural safeguards that lead to a tangible question of what is guilt in itself vs. acquittal. In relation to
this question

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of guilt and acquittal is the active act to subvert democratic processes and the challenge to halt any act against democracy as well as defend against all. The task of ending impunity is expressed in the exploration of what is guilt and the act of acquittal because all are considered innocent until proven guilty. This state renders on the ability of the prosecutor to thoroughly prepare a case and prove that first there is probable cause and then intent and subsequently conclusion. e.g., the act of genocide is an overt stand against the natural order of evolution and procreation and thus a pivotal expectancy is herald as an act of acquittal when the nature of act is rendered questionable.

Therefore, the true expression of guilt becomes a pivotal question in relation as well. If an act of genocide renders a lack of guilt then the proving and fundamental base of true is progressively hard to harness because of the nature of subtle allowance against a prevalent minority and the rendering subduing of rights, policy, and debate is deflected and voided.

Consequently, the declaration of guilt is conditional upon proving without a questionable doubt that the act was committed and proven. Based upon the Universal Declaration of Human Rights, Article 11, everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which he or she has had all guarantee for defense. Therefore, if a prosecutor has obtained a call of guilty because probable cause and intent has been done and thus the importance of the final report has helped support the measure due to clear, precise, details that lead to absolute finality in the judgment of guilty.

However, if a call of acquittal has been acquired then it may be due to inconsistencies, lack of factual details, or erroneous interpretation of the law. This is not a reflection on the prosecutor but may be due to the compilation of the report and lack of cohesiveness of details or acts in relations to transgressions.

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In conclusion, changes that will probably evolve in the processing of cases of a criminal nature will probably include hi-tech crimes that will necessitate having an expert witness and demonstration module to project visual imagery of crime. As the coevolution of crime and justice run hand in hand so does the need to accelerate to counter active changes in the social economy, fluctuating economy, norms, standards, and policy to stand firm against crime. Also, since crime in its act is based upon mindsets of will then the act of crime has to be approached differently to view psychologically in order to differentiate behavior and challenge the nature of fundamental values as well as nurture stronger positive values in children to decrease and minimize criminal behavior and therefore reduce crime by natural stimulant vs. tactical strategy.


References

Acquittal. (2017, February 28). Retired March 11, 2017, from https://en.wikipedia.org/wiki/Acquittal
Paul Bergman J.D., UCLA Law School Professor. (n.d.). How the Prosecutor Decides Which Cases to Charge. Retrieved March 11, 2017, from http://www.nolo.com/legal-encyclopedia/how-prosecutors-decide-which-cases-charge.html
Preparing for the Future: Criminal Justice in 2040. (n.d.). Retrieved March 11, 2017, from https://nij.gov/journals/255/pages/2040.aspx
Carp, R.A. (n.d.). Judicial Process in America. 9th Edition / Edition 9. Retried March 11, 2017, from http://www/barnesandnoble.com/w/judicial-process-in-ameica-9th-edition-robert-a-carp/1119569931
Hess, K. M., Orthmann, C. M., & Cho, H. L. (2013). Criminal investigation. Boston: Cengage Learning.
Krone, T. (2012). Raising the alarm? Role definition for prosecutors in criminal cases. Australian Journal Of Forensic Sciences, 44(1), 15-29. doi:10.1080/00450618.2011.581247
Dandurand, Y. (2007). The role of prosecutors in promoting and strengthening the rule of law. Crime, Law & Social Change, 47(4/5), 247-259. doi:10.1007/s10611-007-9070-8
The Role of the Legal Investigator In The Defense of Capital / Violent Crimes - Law Firm Farese, Farese & Farese Attorneys Ashland, Mississippi. (n.d.). Retrieved March 11, 2017, from http://www.fareselaw.com/Articles/The-Role-of-the-Legal-Investigator-In-The-Defense-of-Capital-Violent-Crimes.shtml
Presumption of innocence. (2017, March 10). Retrieved March 11, 2017, from https://en.wikipedia.org/wiki/Presumption_of_innocence














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