3. Falsely representing there was an identification issue in order to present the defendant’s mug shot.
It doesn’t appear as if there was truly an identification issue in this case. At side bar defense counsel insists it isn’t necessary because both defendants have stipulated to identification. Aside from that, the argument that Trudeau presents on Marshard’s behalf says that the introduction of the mug shot must be offered in a sanitized way and does not call attention to their source or the fact the defendant had a prior criminal record. The transcript clearly shows Marshard asking the witness who compiled the photo array, to which the witness replies Dukes County Sheriff’s Department. I think it is fair to say that there is a good chance
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It appears that the information provided to the Grand Jury was inaccurate. While Marshard was presenting to the Grand Jury she intended to show that the suspect in the incident, Jean-Francois was identified by Detective Curelli via his cell phone, and subsequently arrested in reference to a drug investigation. Shortly before the arrest, Curelli was communicating with Jean-Francois via text message on a phone that had been seized during a previous drug investigation; the defendant was listed as “Mike Peters” in the phone that the detective was …show more content…
He then approached Jean-Francois, and explained that he was detaining him and read him his Miranda rights. Curelli subsequently executed a pat frisk, and removed Jean-Francois’ phone handing it to another officer. While the phone was in the possession of the other officer, Curelli texted the word “here” to the number he had been communicating with regarding the drug buy, the suspect’s phone allegedly “sounded an alert type sound immediately.” This account of the incident is slightly different to what the detective testifies to at the motion to suppress the search and seizure of the cell phone. During his testimony Curelli claims to have texted the phone while it was still on Jean-Francois belt.
However, more importantly, during the Grand Jury presentation, Marshard called State Trooper, Sergeant Stone, to testify to the piece of evidence regarding the cell phone; the trooper was involved in the investigation but was not present for the search and seizure of the cell phone. It is unclear why Curelli wasn’t present for the Grand Jury presentation. Sergeant Stone Grand Jury testimony is as follows:
A: Detective Curelli types in, “Here.” And then in the other hand is Mike-Francois’, Jean-Francois’ phone and, and it buzzes and it shows, “Here.”
Q: Does it say “here” or
On the evening of Ms. Heggar¡¦s death she was alone in her house. Eddie Ray Branch, her grandson, testified that he visited his grandmother on the day that she was killed. He was there till at least 6:30 p.m. Lester Busby, her grandnephew, and David Hicks arrived while her grandson was still there and they saw him leave. They then went in to visit with Ms. Heggar. While they were there, Lester repaid Ms. Heggar 80 dollars, which he owed her. They left around 7:15 p.m. and went next door to a neighboring friend¡¦s house. David Hick¡¦s went home alone from there to get something but returned within ten minutes of leaving. Because he was only gone for 5-10 minutes, prosecution theorized TWO attacks on Ms. Heggar because he could not have killed his grandmother during this 5-10 minute period alone. At 7:30 p.m., 15 minutes after the two had left, an insurance salesman called to see Ms. Heggar. He knocked for about 2 or 3 minutes and got no reply. Her door was open but the screen door was closed. Her TV was on. He claimed to have left after about 5 minutes and then he returned the next morning. The circumstances were exactly the same. With concern, he went to the neighbor¡¦s house and called the police. His reasoning for being there was because the grandmother¡¦s family had taken out burial insurance three days before she had died.
...om. The Court found Officer Flagg took and used against him, Gerald Gault’s confession without his parents or any counsel being present and never notifying the juvenile of his right to remain silent.
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
When it comes to identical twins we have come to learn that twin identical or not will not have the same fingerprint. Fingerprints are unique and are made to identify a person. So even when you clone humans or other primates I believe that the Friction ridge pattern will be similar but not exactly the same. I believe that in the process of the cloning process something will cause the fingerprints to come out different. Because cloning is dangerous there has yet to be a human cloning, but there have been cloning of monkeys and according to the data even though the monkey was cloned the fingerprint still isn’t the same.
Eyewitness misidentification cost innocent people to end up in prison. Eyewitness misidentification is the single greatest cause of wrongful convictions in the United States, having played a role in more than 70% of original convictions later overturned by new DNA evidence(Dunn). This explains eyewitness misidentification is not a reliable solution to prison the suspect and deal with other solution. The suspect is effected because the suspect goes through terrible life for crime they did not commit and false witness hunts
Bailey was living in an apartment where police obtained a warrant to search the premise for cocaine and firearms. When the police arrived to the area, Bailey was seen moving into the vehicle to which the police followed him. As Bailey was a mile away from the warrant area, Bailey was pulled over and was pat down to find a key in his pocket. Denying the key belong to Bailey himself, he was handcuffed and returned to the scene to which the key opened the apartment’s door.
...ing of key evidence he was not found guilty. This goes to prove that although in this case Morin was ultimately found not guilty, there are other cases where the person who is actually responsible for the crime has been released for the same reasons. In this case the actual person who murdered Christine has not been found, although had the police widened their suspect list they may have found the murderer.
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
4.. Mount, S. (2003). The Miranda Warning. Retrieved Saturday May 1, 2004 from the World Wide Web: http://www.usconstitution.net/miranda.html
Because police investigators are usually under pressure to arrest criminals and safeguard the community, they often make mistakes. Sometimes, detectives become convinced of a suspect 's guilt because of their criminal history or weak speculations. Once they are convinced, they are less likely to consider alternative possibilities. They overlook some important exculpatory evidence, make weak speculations and look only for links that connect a suspect to a crime, especially if the suspect has a previous criminal record. Picking Cotton provides an understanding of some common errors of the police investigation process. During Ronald Cottons interrogation, the detectives did not bother to record the conversation “But I noticed he wasn 't recording the conversation, so I felt that he could be writing anything down”(79) unlike they did for Jennifer. They had already labelled Ronald Cotton as the perpetrator and they told him during the interrogation “Cotton, Jennifer Thompson already identified you. We know it was you”(82). Jenifer Thompson 's testimony along with Ronald Cotton 's past criminal records gave the detectives more reason to believe Ronald committed the crime. Ronald Cotton stated “ This cop Sully, though, he had already decided I was guilty.”(84). Many investigative process have shortcomings and are breached because the officials in charge make
The process of using behavioral evidence left at a crime scene to make inferences about the offender, including inferences about personality characteristics and psychopathology is called criminal profiling. Around the country, several agencies rely on the minds of criminal psychologists to lead them in the right direction to finding the correct offender. Criminal profiling provides investigators with knowledge of the appearance and behavior of a potential criminal.
shown when The victim initially identified Butler from a book of mug shots and later identified
Eyewitness identification and testimony play a huge role in the criminal justice system today, but skepticism of eyewitnesses has been growing. Forensic evidence has been used to undermine the reliability of eyewitness testimony, and the leading cause of false convictions in the United States is due to misidentifications by eyewitnesses. The role of eyewitness testimony in producing false confessions and the factors that contribute to the unreliability of these eyewitness testimonies are sending innocent people to prison, and changes are being made in order to reform these faulty identification procedures.
McNamara, J. M. (2009). Sketchy Eyewitness-Identification Procedures:A Proposal to Draw up Legal Guidelines For The Use of Facial Composites in Criminal Investigations. Univesity of Wisconsin Law School, 764-799.
The jurors had several conflicts in disagreeing with each other and it didn't help that they would shout over one another. The very first conflict is when juror 8 voted not guilty against the 11 guilty votes. The other 11 jurors don't seem to want to hear this man out; they don't want to hear why he has voted not guilty. Some of these men, jurors 3 and 7, just want to get this case over with so they can get on with their lives. They don't think it is imperative enough to look over the evidence and put themselves in the place of the defendant. They get upset with this man and try to get him to vote guilty.