In the case of Jesse James who was arrested for the killing of a police officer there are a number of hearings he would have to go through before his case actually goes to court. The first thing that would happen would be that he gets changed with murder or the killing of the police officer. Then there will be an initial hearing which is the first time the defendant comes before the Court (Judge) (avvo.com. n.d.). At this hearing the judge is responsible for making sure that the defendant understands his constitutional rights, as well as what kind of penalties he will be facing for his crime. Once this is done he will have a preliminary hearing. Now a preliminary hearing is to determine whether the prosecutor has enough evidence to justify …show more content…
James will appear due to the crime he has committed. Now the first thing that would happen is he will have to go to a trial court which is where all of the evidence from the prosecution will be heard. Now in every state these courts are considered to be the district courts of that state courts and they handle all of the state civil and criminal cases. However, in some cases the case can be taken to a circuit court but only if a federal district court has made a decision on that case. Unfortunately, if the case is of a high nature with great circumstances the case could be taken to a federal Supreme Court which can better deal with any and all interpretations of the constitutional problems surrounding the case. Now in a situation such as this once the federal Supreme Court makes its ruling it is considered too final and there are no changes to their decisions and it sets future presidents for any other cases of this …show more content…
James and the police officer which led to Mr. James killing the officer. Although, this is the first hearing the prosecutor will have to give all of their relevant information from any investigation that occurred with the case. Furthermore, they will have to give reasons to why this case should be tried within the jurisdiction for which it happens according to the law. Unfortunately, the defense has an opportunity to object to any evidence that the prosecutor may have in the case. There is also the pretrial motion where the defense attorney can seek an exclusion for irrelevant prosecution information as well as evidence that does not go with the case in order to take it to a trial court. After this is done then there is the criminal trial of the case. Unfortunately, for Mr. James the judge in the part of the trial will make the decision on whether he gets life in prison or the death penalty if it is still available but the jury in the case if he decides to have a jury trial will determine if he is actually innocent or guilty of the charges that are before them. However, if Mr. James attorney feels that he was not guilty he/she can apply for an appeal. He/she will then have to file an appeal to the higher court and give them all of the evidence surrounding the case that they feel was wrong or did not give
Another case is that of 17-year-old Kendrick Johnson whose death was initially ruled the result of accidental suffocation. A second autopsy produced a different conclusion, but when the second autopsy was performed, his body had been stuffed with newspaper, and his organs were missing ("Organ Trafficking, Melanin Theory & the Fountain of Youth -," n.d.). The brain, heart, lungs and liver were missing. He also discovered Johnson's death was due to blunt force trauma to the right side of his neck (Archer,
Jurors will thoroughly inspect and weigh over the evidence provided, and process any and all possible scenarios through the elements of crime. If the evidence does not support the prosecutor 's argument and the elements of the crime beyond a reasonable doubt, the jury must pronounce the defendant not guilty. If questionable or irrelevant evidence is included in the criminal proceeding, it is the duty of the prosecutor or defendant 's counsel to object and insist that the evidence be excluded by the presiding
Born on September 5, 1847 in Clay County, Missouri was probably the most famous criminal in all of America Jesse James. Jesse was the highlight when it came to criminology and still is his name comes up and anyone can tell you who he is in America. His life of crime began not at a young age but later on during his campaign in the civil war as a confederate soldier. Jesse and what he then started as his gang would capture unarmed Union Soldiers and put them through cruel torture sessions, but they would usually capture them and kill them without orders of their commanding officers and scalping them like game. However this did not help Jesse and his brother when they were trying to do this to what they thought were Union Soldiers who were unarmed,but Jesse found out that they were not unarmed he was shot in the chest near Lexington, Missouri. This was not all bad for Jesse this event is what lead him to marrying his wife; his cousin Zerelda Mimms (1874–1882).
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
...t his the evidence in front of a jury. Still believing in his innocence Jeff is filing for parole after fourteen years of eligibility. He is hoping to meet parole board criteria so he can be released on parole.
Firstly, the accused person has a right to a speedy trial. This provision protects accused persons from unnecessary delays. In essence, it seeks to curb delayed commencement of the trial against the accused person after his or her indictment. This clause sets the time limits within which the prosecution should be ready to commence the charging of the accused, a time limit which if by any reason whatsoever is violated, the case is dismissed in totality and the accused released to freedom. For instance, within six months, the prosecution is required to be ready for the trial in all felonies apart from murder charges. This right is observed relatively and circumstances of each specific cases may be the limiting factor to this right.
The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
Tough times challenged a boy like Jesse James growing up in Missouri. Internal conflicts during the Civil War devastated the state. Missouri, a border state, tried to stay neutral, but it seemed that the people of Missouri held different ideas. Violence broke out between southern sympathizers who wanted to secede and those loyal to the Union. Jesse James, best known as a dangerous and ruthless thief, murdered many innocent people, but many in the deep south continued to regard him as a hero. Some compared James to Robin Hood and admired him for his daring deeds. Jesse James, like many of his contemporaries, experienced an innocent early childhood, until the atrocities of the Civil War transformed him into the marauder that history portrayed.
The manner in which each stage of the criminal justice process helps to build a successfully litigated action is to “develop legally admissible evidence to obtain and sustain a conviction of those who are guilty and warrant prosecution” (americanbar.org). This will enable the prosecutor to make a fair and objective determination of the charges and to shield against the prosecution of the innocent. The process starts with a crime, then an investigation, an arrest, and then a booking occurs. After a suspect is formally charged they make an initial appearance before a judge in which the suspect is notified of the charges brought against them. Next would be a preliminary hearing, an arraignment, a trial and if the defendant is found guilty then the next step is sentencing. There is a right to appeal that may be allowed and then, once the sentence is passed, the defendant starts the corrections/sanctions imposed by the court. Once a sentence has been fully served, the person is released; this is the final stage of the criminal justice process.
Jesse James was born in Clay County, Missouri on the Fifth of September 1847. His parents were Zerelda and Robert James. They were hemp farmers that owned six slaves, but most people wouldn’t know that. They only know him as an outlaw. Nevertheless, the name “Jesse James” is one that almost everyone has heard, even though he has been dead for over one hundred years. (Defeat n. pg.) Now, although Jesse James was a traditional outlaw in many respects, his legend perseveres as an icon of American culture.
Then comes the investigation process. Officers try to sort through the evidence and come up with a solution or a suspect. Next comes the arrest or citation of an individual if the officer believes that there is enough facts and evidence to do so. If an officer does not find enough evidence or a suspect, the case remains open. After the arrest or citation comes the prosecution and pretrial. The prosecutor considers the evidence by the police and makes a decision whether or not to file charges against the accused. If charges are filed, the first court appearance is held. The accused will then appear in court and be informed of their charges and rights. The judge will then decide whether there is enough evidence to hold or release the accused. The judge can decide whether to hold the accused in jail or release them on
Police, courts, and corrections are separated government institutions with different goals, histories, and operating procedures. Law enforcement officials report crimes that happen in their area. Officers investigate crimes and gather evidence to identify and use against a presumed perpetrator. Thus, it is the duty of the officer to uphold the rights of offenders, victims, and to conduct police procedures within rules set by law. Depending on the nature of the crime and the evidence gathered it is up to the police discretion to make an arrest or issue a citation for the accused to appear in court. The law enforcement has responsibilities that no other component does, thus an officer does not decide the defendant’s conviction; the jury does (Neubauer and Fradella,
Jesse James was known as an American outlaw and legendary figure. Jesse and his family were in favor of the south, which caused he and his brother to join a guerreila band. Jesse and his brother were the most feared outlaws of the late 1800's. They were said to have robbed multiple banks and trains and to have killed countless individuals. It was said that Jesse was like Robin Hood; supposedly he took from the rich to give to the poor. Jesse was killed by a friend who became a traitor for the greed of money. Jesse James gained fame through his criminal ways and remains as an American icon even today.