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Government - Research Paper Example

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Government Jones’ previous convictions from1993 and 1994 qualify him as a repeated offender and therefore should be tried in the federal courts. Federal law generally is tougher because of its mandatory minimum sentences. The jurisdiction of the federal courts is wide and therefore can allow for evidence previously used in Jones’ other convictions to be used to support the February 6, 2005 charges…
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Download file to see previous pages Trying Jones in the states court will also attract a maximum sentence unless he pleads guilty whereas the federal court has comparative leniency of federal rules regarding wiretaps and informants which give Jones the possibility of a minimal sentence compared to the former. The fact that he helped with the collecting of evidence to build cases against Smith and Thompson should influence the severity of his sentence in a federal court. Therefore it is my recommendation that once again a federal court is more beneficial because Jones’ actions of helping collect evidence will sway the judges or jury in a federal court. This will go a long way in helping future informants co-operate because they see that there snitching on the others is beneficial to them (Winnfred, 2011). Since no previous records have been found on Smith, the recommendation is to file the case in the Sedgwick County District Court. Smith should be charged with possession and trafficking as a first offender. The prosecutor should consider cutting a deal with Smith which will see the reduction of his sentence in exchange for him informing on his suppliers. ...
The federal courts also need to issue a warrant to search all of Thompson’s premises. Secondly the federal courts offer greater harsher penalties for drug related offences that help deter people from future trafficking. According to 1993 statistics from the Department of Justice, the average federal sentence for selling powder cocaine was 79 months; the average for trafficking in crack cocaine was 141 months. Since Thompson seems to be a big time dealer he faces a harsher sentencing. Thompson should also be offered a deal just like Smith by the prosecutor where he faces a less harsh sentence if he is to inform on his suppliers (Harris 2007). The federal courts also offer an avenue for liaising with other courts in other states and other countries unlike the state courts in the event that Thompson’s suppliers are from different states or countries. Since Jones’ testimony is key to prosecuting Thompson, the prosecutor should make it clear to the judge that in no way should Jones’ previous convictions influence the decision made by the court in the trial against Thompson. He should still be viewed as a credible witness despite his selfish reasons in informing on Thompson. Looking at the federal law in the United States, there is no full reception statute provided on the level of federal law that spearheaded common law and therefore giving power to federal courts to fabricate precedents that were deemed legal. Federal courts culminate from the federal constitution together with the federal Judicial Acts. On the other hand, people have come to accept the fact that the earlier inhabitants of the United States, by their action of bestowing “judicial authority” into the highest court of the land ...Download file to see next pagesRead More
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