Criminal Procedure Unit3GP

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Description

Jesse James, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for prosecuting Mr. James. You announce your decision not to seek the death penalty in this case, but under your state’s law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community.

Assignment Guidelines

  • Address the following in 900–1,200 words:
    • List the various hearings that will typically occur and how the case is affected by each event.
    • Provide an overview of the various courts in the typical state system where Mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may be raised at each stage in the process.
    • What are the potential hearings that might be involved in this case? Be sure to describe them from the time of arrest through appeal.
    • What are the relevant civil liberties issues pertaining to the 4th, 5th, 6th, 8th, and 14th Amendments present in this case?
  • Be sure to reference all sources using APA style.

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Explanation & Answer

Attached.

Running Head: CRIMINAL JUSTICE

1

Criminal Justice
Student’s Name
Institutional Affiliation
Date

CRIMINAL JUSTICE

2
Criminal Procedure Unit3GP

Hearings that will occur and how they will affect the case.
Arraignment.
After the arrest of the suspect, he will be brought before a judicial officer or before a court. The
charges pressed against him will read to Mr. James and he will be asked to take a plea of guilty,
no contest or not guilty (Keegan, 2016). Then the court will determine the circumstances under
which Mr. James will be released. In this case, this is a serious crime, and if the suspect takes a
plea that he is guilty, the judge may sentence him at this stage. If Mr. James takes an appeal that
he is not guilty, the judge may release him on bail.
Pretrial proceedings
During the pretrial hearings, Mr. James attorney and the plaintiff’s attorney will be given an
opportunity to exchange information concerning the case. During this hearing, the witnesses are
brought forward to state their side of the story. At this stage the plaintiff and Mr. James will be
allowed to file various requests through their attorneys, multiple motions will be brought before
the court, and also other discoveries about the case will be stated to the court (Keegan, 2016). Mr.
James and the plaintiff can enter into a plea agreement whereby Mr. James can plead guilty for a
less severe sentence. If a plea agreement is not reached, then the case will continue to the trial
stage.
Trial
At this stage, Mr. James gu...


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