Constitution's in Seriousness of Crimes - Assignment Example

Lecturer Set 13 Question Order of Seriousness of Crimes Infraction 2. Third degree misdemeanor 3. Second degree misdemeanor 4.Third degree felony 5. First degree felony 6. Capital felony 7. Summary offence Question 2: Constitutional Rights in 5th Amendment The Fifth Amendment to the constitution of United States is a component of Bill of Rights. The Fifth Amendment protects against practices which are unfair in the legal process. The amendment illustrates that felonies can only be tried upon grand jury’s indictment (Miniter 201). The Grand Jury Clause is a component of the Bill of Rights that are not incorporated in the states. The amendment gives many trial protections; for example, the right to only one trial, and against self incrimination. The Fifth Amendment has the Due Process Clause just like the fourteenth amendment. The Amendment illustrates that “just compensation” and power of eminent domain be applied to individual who lose their properties. Question 3: Constitutional Rights in the 6th Amendment The sixth amendment is a component of the Bill of Rights that explains criminal prosecution rights. The Supreme Court applies this amendment in the Due Process Clause. In all the criminal prosecutions, the suspects must benefit from the right to a public trial and a speedy trial; by impartial jury of the state the crime was committed in, be informed of the accusations against him/her, to analyze witnesses against him/her, to obtain favorable witnesses, and get the help of a defense counsel (Miniter 195). The criminal defendant also has the right to self-representation, unless the court illustrates that the defendant is incompetent. Question 4: Constitutional Rights in the 4th Amendment The fourth amendment is the Bill of Rights which limits unreasonable searches or seizers. The amendment illustrates that a warranty must be initiated by probable cause and be judicially sanctioned (Miniter 231). This amendment was adopted due to writ of assistance abuse. The writ of assistance entailed a general search warrant utilized by British Government; it also entailed a significant tension in the pre-Revolutionary America. This amendment was introduced, by James Madison, in the Congress in 1789. This was in reaction to the Anti-Federalist objections of the new constitution. One way of implementing the amendment is through the exclusionary rule. This rule illustrates that evidence got by fourth amendment violation is usually inadmissible during criminal trials. Evidence got from illegal search can as well be inadmissible. Question 5: Procedure of Performing Legal Search Search is a process applied in several common and civil law systems; where the law enforcement authorities, who suspect criminal issues, study a person’s possessions and confiscate relevant evidences. Many countries have legislations that ensure the public is free from search and seizure that is unreasonable. This is because all individuals are entitled to appropriate right to privacy. This right ensures that the law enforcement officers get search warrants, which will be utilized during the search. If evidence is obtained in a search, it can be rejected by the court. This is like in motion to suppress evidence in exclusionary rule (Amar 89). Set 14 Question 1: Process of Criminal Prosecution Criminal prosecution process is at times complex and long, and involves various people; for instance investigators, court staffs, defendants, and prosecutors. However, this process varies according to state and territory legislations. The process entails eight main steps: investigation, brief assessment, charging, committal proceeding, hearing, trial, sentencing and appeals (Amar 117). The role of the prosecutor is to collect evidence and witness statements, used in criminal prosecution. Briefs are analyzed by prosecutors in accordance to the law. Prosecution decision is critical at this stage. Prosecution is implemented if; public interest needs prosecution, and if there is adequate prospect of prosecution. Charges are laid after the brief assessment period. Summons are sent to defendants; giving them information on charges, and the court attendance days. Committal hearing is done during very serious cases. The magistrate analyzes the evidence, and illustrates if adequate evidence is available for the state or Supreme Court. During hearing, the magistrate determines all decisions. Witnesses provide evidence in the court. Trials occur in state or Supreme Court, depending on jurisdiction and offence. When an issue is subject to trial, indictment is prepared. A court makes a sentence that is severity appropriate for the offence circumstances. This includes; imprisonment, fine, conditional release, or community service orders. Convicted people have the opportunity of reviewing court decision through a higher court. The appeal can be against sentence, if it is considered improper. Question 2: Difference of Arrest and Brief Detention The difference between arrest and brief detention is very significant because the suspect’s rights change from one to the other. In brief detention, the police require only reasonable suspicion; and the suspect feels like they will shortly leave. The timeframe varies according to circumstances; however, the United States Supreme Court illustrates that approximately 20 minutes is adequate for detention. Reasonable suspicion illustrates that there is adequate information to suspect detained person is involved in the crime. The common objective of detention is to; ensure people justify their presence or activity in the crime scene, and to identify themselves (Michael 305). For instance; if police identify a man suspiciously loitering in an area identified with drug sales. Detention normally leads to arrest. For an arrest, law enforcement officers require probable cause. Law enforcement officers are allowed to arrest individuals if there are objective reasons that enable officers to understand that there is huge chance that the individuals are involved in crime. Question 3 First appearance is the initial proceedings in court, in front of the judge. The first appearance is used to explain the legal rights of the defendant; and to hinder the coercive interrogation approach of the police (Michael 81). Preliminary arraignment entails arresting, or issuing the defendant with summons, to be in court if and when complaint is registered. This takes place within 72 hours after arrest. Preliminary arraignment can take more days, due to holidays and weekends. Preliminary hearing determines if cases can go to full trial. The pretrial procedure illustrates if there is adequate evidence for charging a defendant. Preliminary hearing occurs after arrest, within three to ten days. Arraignment entails formally reading the criminal charges, in court, to the defendant. The suspect is advised on their rights, in the presence of their lawyers. The suspect can plead; guilty, not guilty, no contest, and stand mute. Question 4: Ways of defendant’s Plea to Charge Plea in the legal aspect refers to claim made by a person in a criminal case involving common law through the adversarial system. Colloquially, plea refers to the defendant’s assertion at the arraignment, or also when replying to a criminal charge. The defendants’ pleas in the judicial process entail not guilty, guilty, Alford plea or no contest (Michael 136). The plea concept has differences between the criminal procedure in civil law, and criminal procedure in common law. In common law, guilty plea by the defendant stops trial of the offences, and the defendant can be immediately sentenced. In the American law, this system is known as plea bargaining. In civil law, there is no guilty plea concept. Defendant’s confession is utilized like any other evidence aspect. Full confession does not hinder full trial. Question 5: PSI Presentence investigation (PSI), is done on individuals convicted for very serious offences. In gross misdemeanor offences or misdemeanor offences, the court can order PSI; but in felony cases, there is mandatory PSI (Miniter 63). State and federal laws (18 U.S.C.A. § 3553(b) [1984]) outline the requirements; the criminal procedure supplements these re1quirements. PSI entails interview with defendant, analysis of criminal record, and review of facts of crime. The court services prepare a report explaining the severity and type of sentence. The court makes final decision on the sentence, in accordance to state and federal legislations. PSAI contains confidential and psychological information on the crime victims and juveniles; hence, it is not accessible to the public. Works Cited Amar, Akhil. Americas Constitution. New York: Random House. 2005. Print. Michael, Mannheimer. "Ripeness of Self-Incrimination Clause Disputes," Journal of Criminal Law and Criminology. 2011. Print. Miniter, Frank. Saving the Bill of Rights: Exposing the Lefts Campaign to Destroy American Exceptionalism. NY: Regnery Publishing. 2011. Print. Read More