Phase 3 Individual Project - Essay Example

l hearing of the case, from the beginning to its conclusion, and it identifies the various liberties the offender enjoys as provided in the 4th, 5th, 6th, 8th and 14th Amendments. From this analysis, the objective of this paper is to identify and explain the elements of the court system and the roles of various participants in the dispensation of justice. It seeks to differentiate the rules of procedure found in the 4th, 5th, 6th, 8th and 14th Amendments and thereafter identifies and explains the legal issues in the prosecution of the mentioned case.

A procedure needs to be followed in initiating the prosecution of the offense. The American constitution uses the phrase in the 5th and 14th to denote that the government shall not take a person’s life or property without following the established laws and procedures. The 5th Amendment protects people from illegal actions of the Federal government and the 14th Amendment protects them from actions by the State and Local governments (Friedman, 1985). The first process in presenting a case against Jesse is to seek an arrest warrant from the superior court.

This is an essential requirement of the United States of America Constitution. The prosecutor will present formal evidence to the judge that is legally sufficient and proves that Jesse committed the murder. The judge will examine the case and rule on whether the evidence is sufficient enough to warrant an arrest or the prosecution needs to produce more evidence. The implication of this hearing is that it either allows the prosecution to continue with the case or to drop the case. Once an approval is granted, Jesse will be arrested and brought before a judge to deny or admit the charges brought against him.

This is called the arraignment stage. The judge will inform Jesse of the state’s accusation against him and determine whether Jesse should remain in prison or be granted bail. Under the 4th Amendment, the constitution guarantees protection of people against