Analysis of Public Law - Case Study Example

Public Law PUBLIC LAW GRACE SARKAR Order No. 375572 08 February Table of Contents Introduction 3 Rob's crime 4 The Police's role 7 Conclusion 10 Sources 11 PUBLIC LAW Introduction Rob is in a difficult situation. He has confessed to possession of cannabis that was found about a meter away from him by the police officer Clegg. This is not the first time that Rob has been arrested for possession of controlled drugs. This makes the situation worse for Rob. Nonetheless the police officer Clegg might have overstepped his jurisdiction in arresting and confining Rob in a cell for the whole night and also the following night after which Rob would be in a position to get a lawyer. It was Rob's misfortune that he happened to have been apprehended on a Saturday night the day following which happened to be Sunday and a holiday. So Rob had no chance of getting a lawyer on Sunday when the courts were also closed. Even if the courts were closed on Sunday, Rob had the option of getting a lawyer on Sunday as there are lawyers who are accessible 24/7. Thus, the issue is volatile not only for Rob but also the Officer Clegg. By denying Rob his right to approach a lawyer on the same night and by coercing him into accompanying him to the police station to get back the keys Clegg had confiscated from Rob, the Officer had put his own position on par with Rob. Further, Clegg continued to keep Rob in detention the whole of Saturday night after assuring Rob that he would be released in a matter of few hours and then extending the detention up to Monday when the courts opened. Rob's crime Rob was charged with possession of controlled drug on Saturday night at 10.30 pm and kept in custody until Monday so that the police could take him to the court. Police officer Clegg told Rob that he did not trust Rob, and consequently he kept Rob in custody until the court decided what to do with Rob. However, the manner in which Officer Clegg took Rob into custody is debatable. At first he confiscated Rob's key ring saying it was dangerous because of its sharpened edges. At the police station, Clegg took Rob to the front desk and put him straight in a cell saying he was just going to fill in some paperwork and be back shortly. When Rob again asked for a solicitor, Clegg told him that he would not need a solicitor since that would mean waiting all night. However, early next morning at 6.00 am, Clegg tells Rob that he was being charged with possession of a controlled drug that would require him to appear before the Magistrate on Monday morning. Basically, Officer Clegg had good reason to take Rob into custody. However, the manner in which it was done raises eyebrows. Rob has been nervous. He should not have confessed to the officer that the cannabis found on the road was his. He should have stuck to his rights to consult his lawyer before saying anything and kept his mouth shut. By confessing the cannabis as his, he has given the police a bigger reason to arrest him and put him on trial (Dirga, Eric J, 2002). In the circumstances, Rob has weakened his own defense. There is no mention of the amount of cannabis he was carrying. If he has been carrying a higher amount of cannabis that is above 28 grams, he could be prosecuted on charges of trafficking drugs. "the penalties for drug crimes range from very severe to probation and classes or a treatment program. Charges are generally based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale)" (Robert Miller & Associates, 2010). Apparently, Rob is a known offender and Officer Clegg is obviously under the impression Rob does not deserve to be dealt with leniently. So far as Clegg is concerned, it is an open-and-shut case where the alleged offender needs to be simply brought before the Magistrate, sentenced, and made to undergo the penalty. Be that as it may, there are many such offenders in society. There are manifold reasons for people to turn to controlled drugs. Entertainment may be one of them. Nonetheless, an unhappy or difficult background may also be a reason. Irrespective of the background, even repeated offenders are viewed with concern and provided with milder penalties and chances for rehabilitation. "A drug possession penalty is ordered through the criminal justice system. About ninety percent of all cases are settled through guilty pleas and less than ten percent of drug possession penalty cases are determined through an actual trial. Many jurisdictions have drug possession penalty mandatory minimums. This means that a drug possession penalty is determined regardless of an offender's background, character, role in the crime, or threat to society. In recent years, legislature and social groups nationwide have pushed for treatment drug possession penalty options rather than mandatory incarceration drug possession penalty options for offenders of non-violent drug crimes. These have been proven to be more cost efficient and more effective in lowering rates of recidivism" (Drug Possession Penalty, 2010). Perhaps Officer Clegg is aware of this treatment to drug offenders and has incarcerated Rob temporarily to serve as one more warning. There is the possibility that might have Rob get his lawyer on Monday morning and settle the issue through guilty plea. Rob has already admitted to Clegg that the foil package containing cannabis found on the ground about a meter away from Rob's feet was indeed his. In this situation, Clegg could make it more difficult in the bargain for guilty plea. The lawyer whom Rob proposes to engage will, in all probability, make an attempt to settle the matter through guilty plea. However, there is also the possibility that Officer Clegg might go ahead with his plan and take Rob to the court to appear before the Magistrate. In this scenario, the role of the lawyer and the Magistrate will be decisive because Rob has been a habitual offender. Nonetheless, Rob appears to be well versed with the law and his rights to get a solicitor to fight his case. He protests but without resisting when Officer Clegg takes him into custody. He gives in to the incarceration when Clegg takes him into custody on Saturday night. He also knows he has no choice but to yield when Clegg informs him the next morning which happens to be Sunday that he has been taken in custody and has to await a trial the next day, Monday. It is good that Rob has not resisted arrest as that would have added to his evidence of guilt. The Police's role Officer Clegg has acted with prudence but without abundant caution. He has taken Rob into custody and kept him in tenterhooks so that Rob knows he has no choice but to surrender. Obviously, Rob was initially of the view that he is going to be released after a few hours as Clegg told he could go home later. However, Clegg dilly-dallied and kept wavering until the next morning. The next morning, Clegg told Rob that he will have to remain in custody until Monday morning when he will appear before the Magistrate. Clegg does not tell Rob that anything Rob tells Clegg will be used against him in the trial. Clegg also does not inform Rob that the latter is entitled to a free and fair trial and he could prefer to remain quiet until he has seen his solicitor. In fact, he tells Rob that there is no need of a solicitor and that he could go home later on. This is one more case where the police prefer playing with the cards very close to their chest. However, Clegg erred in telling Rob he had no need of a solicitor. Rob needs a lawyer to argue his case with the police and later, if required, with the court. The best time to consult a lawyer if arrested on charges of possessing controlled drugs is immediately after the arrest (Dirga, Eric J, 2002). However, Rob does not appear to know this of certainty. Or else, he could have insisted that he be allowed to see his lawyer. Nevertheless, he will have to be allowed to see his lawyer before the court proceedings. "The best time to consult with a criminal defense attorney regarding felony or misdemeanor drug charges is immediately after being arrested. Very often a criminal defense attorney can review the charging affidavit with you and discuss all possible defenses. Felony and misdemeanor drug offenses have more possible defenses than most other criminal charges" (Dirga, Eric J, 2002). Possession of controlled drug is a serious and criminal case. But it is also quite widespread and legislature and social groups nationwide "have pushed for treatment drug possession penalty options rather than mandatory incarceration drug possession penalty options for offenders of non-violent drug crimes. These have been proven to be more cost efficient and more effective in lowering rates of recidivism" (Drug Possession Penalty, 2010). Rob has been arrested earlier by Officer Clegg a few times for possession of controlled drugs. However, he has not committed any other offense. There is no indication of any other charges of misbehavior or violence. Maybe police officer Clegg was circumspective when he arrested Rob for possessing cocaine. It is easy to see the reason for Clegg's actions. However, it will not be easy for Clegg and the prosecution to press for harsh penalties. To press charges for harsh penalties, the prosecution will have to prove that Rob's actions are a threat to society in general and to others such as his family and groups such as school children in particular. There is no information to indicate that Rob has been responsible for such crimes (Possession of Controlled Drugs And Substances, 2009). Undoubtedly, Rob was moving around in suspicious conditions when Officer Clegg found him down the street in the west end of Oldtown. Rob lived in the ease end of Oldtown. He was in possession of cocaine and most probably was looking for a safe place to consume the controlled drug. Consequently, Clegg took Rob into custody. A hard path lies ahead both for Rob as well as the police. Rob has been arrested a few times earlier for possessing drugs. Obviously, he got away after the arrests with mild penalties. This time he may not be so fortunate if does not engage a good lawyer and simultaneously resolve to keep away from trouble with drugs. For the police and the prosecution, it will be difficult to press charges for harsh penalties. As mentioned earlier, the reasons for harsh penalties do not exist and will be difficult to prove (Drug Possession Penalty, 2010). The fact that he was arrested a few times earlier for drug possession must weigh on Rob's mind. It is not going to make it easier for him if he continuously keeps getting arrested for the same offense. He must know the consequences for such repeated offenses and make conscious efforts to be free from such charges in future. Ultimately, it will prove costly to him in terms of his freedom. The best course of action will be for Officer Clegg to allow Rob to get in touch with his lawyer on Sunday so that Rob could apprise the lawyer of his case and arrange for plea bargain. This way Clegg will achieve the twin purpose of effectively warning Rob as well as playing fair so that Rob continues to get another opportunity at trying to reform. Conclusion This is yet another time Rob is spending in custody. This time around also, there is the chance that he will get off the charges lightly. Officer Clegg has dealt with him quite effectively so that Rob has to spend almost three days in custody. It is hoped that the plea bargain requires Rob to pay some fine and also spend some time in treatment programs and community service (Drug Possession Penalty, 2010). The option exists for Officer Clegg to refuse plea bargain and press charges that will make way for a trial (Criminal Law, 2010). This will become necessary if Clegg feels that Rob has been let off lightly too many times. It is up to the lawyer to convince Clegg that Rob has the potential to reform. Sources: Carter, Sarah; Update to a Guide to the UK Legal System, 31 July 2001, http://www.llrx.com/features/uk2.htm Criminal Law, 2010, http://www.justia.com/criminal/docs/calcrim/2600/2748.html Dirga, Eric J; Orlando Criminal Defense Attorney, 2002, http://www.ejdirga.com/criminal_offenses/drugs/drug_offenses.htm Drug Possession Penalty, 2010, http://www.onlinelawyersource.com/criminal_law/drug-possession/penalty.html Elliot, Mark; The constitutional foundations of judicial review, 2001, Hart Publishing, Oxford and Portland, Oregon, USA, http://books.google.com/booksid=S8MgGZJEz7EC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false Pollard, David et al; Constitutional and administrative law: text with materials, 4th edition, 2007, Oxford University Press, Oxford OX2 6DP, http://books.google.com/booksid=rawtUzTGN94C&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false Possession of Controlled Drugs And Substances, 2009, http://www.slsedmonton.com/criminal/drug-possesion/ Robert Miller & Associates, Narcotics and Drugs, 2010, http://www.expertlawfirm.com/criminal_defense/narcotics_drugs.html Read More