Constitutional Criminal Procedure - Assignment Example

Furthermore, Felonies can be defined as the criminal offence which is considered to be a serious illegal performance from legal law of the United States. Misdemeanors can be stated as the criminal offences those are less serious from the US criminal law viewpoint. Moreover, the prevailed case scenario i.e. keeping illegal amphetamines comes under the Felonies offences. According to the federal government legal law, the convicted people in the prevailed case can be charged under Harrison Act of 1914. 38 Stat. 785, the Marihuana Tax Act of 1937 and Drug Abuse Prevention and Control Act of 1970.21 U. S. C. A.

801et Seq. (841, 844 and 823) along with Uniform Controlled Substance Act: 1910, 1990 and 1994 (Scheb and Scheb II 271-274). To a certain extent, a person can keep or manufacture the amphetamine medicine because it is also used for curing certain diseases for which a person is allowed to hold 5 grams of amphetamine. However, in doing so, the person should hold a license or permission or prescription from the government or doctor. Furthermore, if the person is found to be not having any valid license or permission or exceeding the permissible level of possession then the person can be termed as guilty.

The person found guilty under these Acts can be charged with penalty or imprisonment under the US legal law (Scheb 271-274). Application of the Law According to the defined acts and laws under the US legal law, the detained people in the presented case can be charged or convicted with penalty or imprisonment because they did not have any proper license or permission from the government. This is because a large number of capsules of prohibited amphetamines were found in a plastic bag from Jimmy Jaffers when the search was conducted by the police (Scheb and Scheb II 480-492).

The discussion of the presented case is illustrated with a related case example stating about the charges and the tenure of the imprisonment for a convict caught under the amphetamines possession act. The identified case was put into trial on 13 September, 1988 where Boyd Barksdale was the defendant. In this case, it was observed that Boyd Barksdale was caught by the police while serving amphetamines to a person. In that raid, police recovered a 0.38 caliber Taurus revolver along with 250.7 grams of amphetamines as well as 0.

18 gram of paraphernalia from the car. Subsequently, the offenders had been charged under the “Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2” because they had violated the legal law enacted by the US government. Furthermore, when Boyd Barksdale proved to be the culpable person, he was sentenced to seventy two months of imprisonment (Justia, “968 F.2d 1216: United States of America, Plaintiff-appellee, v. Boyd Barksdale, Defendant-Appellant”).

In keeping with the example case, the convicts Harry Hampton and Jimmy Jaffers in existing case can also be charged with the similar tenure of imprisonment or more along with other penalties. This is because Harry Hampton and Jimmy Jaffers were caught red-handed by the police in the raid and both were found with amphetamines crossing the permitted levels that can be possessed by a person in terms of grams along with certain equipment that can be used for manufacturing the drug. Furthermore, they can also be charg