Description
For this assignment, you will explore due process, post-conviction review (relief), and sentencing as they relate to a specific court case you research. This assignment will introduce you to a few issues those in the criminal justice field face. You may be called on to consider these issues too if you pursue a career in criminal justice.
Conduct an internet search for a current example of a case to use for this assignment.
Imagine you are a judicial assistant for a superior court judge. As an alumnus, you’ve been asked by your university to write a paper for the criminal justice department’s journal, read by students and alumni, based on a court case you’ve observed as part of your job.
Write 700- to 1,050-word paper for the journal and address the following:
Crime Model
- Was the crime control or due process model of punishment used in the case? Do you agree with it? Explain your answer.
- What are some of the issues related to due process?
Sentencing
- What was the sentence given in the trial? What are the sentencing guidelines for the crime committed in the trial (refer to the sentencing guidelines of the state the trial was held)?
- What are some of the issues related to sentencing? Were there any issues raised in this case? Ifso, what were they? If not, in your opinion could any issues have been raised?
Post-Conviction Relief
- Was there an appeal or post-conviction relief (review)? What is the law in the state of the trial for post-conviction relief (review)?
- Differentiate post-conviction relief (review) and appeal. Compare post-conviction relief(review) to the Innocence Protection Act of 2004.
Cite a minimum of 3 sources.
Format your paper as a Word document according to APA guidelines.
The case that you discuss needs to have been a criminal trial in the United States. For this assignment it is unacceptable to discuss a case outside the United States, a civil case, a case that was resolved by a plea bargain, or a case that has not yet gone to trial.
Quoted language does not count toward the minimum word count.
Explanation & Answer
Attached.
Running head: ISSUES WITH SENTENCING AND CONVICTION IN AMERICA
Issues with Sentencing and Conviction in America
Name
Institution
Course Code
1
ISSUES WITH SENTENCING AND CONVICTION IN AMERICA
2
Gideon vs. Wainwright
Crime Model
Gideon was charged as alleged for breaking with the motive to commit a crime. In
Florida, breaking into is regarded as a felony that must be prosecuted in court (Moskowitz,
2019). As a result, he decided to represent himself as an attorney at the trial. However, during the
open proceedings, Gideon requested a counsel given that an attorney was costly to hire.
Unfortunately, his plea was declined because the Florida law only offered counsel to indigent
defendants accused of capital offenses.
Gideon’s dismissal for a counsel forced his representation at the trial. In the process, the
defendant made an open statement, argued along with the prosecutor’s witnesses, and presented
his witnesses for the jury. In the long-run, Gideon pleaded not guilty and provided arguments
justifying his innocence. Although Gideon argued strongly in his defense, he was found guilty
and sentenced to five years.
Although there was a due process model in the case, I'm afraid I have to disagree with it
on accounts of injustices. First, any suspect is innocent until proven guilty. And in the process, it
is the court’s procedure that the defendant hires an attorney to represent them in court.
Nonetheless, individuals who cannot afford an attorney are assured of a state counsel to represent
them in the jury (Uhrig, 2015). T...
