Maintaining the Standard Across the Board
Miguel Hernandez Jr.
Cameron University
Abstract
The second and third order effects that develop following high profile cases go fairly unnoticed and have lasting impressions. How is it that, if polls were used to garner verdicts opposed to12-person jury’s, the majority of the population would find these people guilty beyond a reasonable doubt? Come to think of it, the criminal justice administration field dealing management and organization is deeply affected by the due process system. Ranging from case overloads to setting precedents, celebratory criminal cases need to be dealt with at face value opposed to being geared as a special situation.
“We the court find O.J. Simpson
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On June 12, 1994, the butchered bodies of Nicole Brown Simpson and Ronald Goldman were found on the front walkway of Simpson 's condominium in Brentwood, an upscale section of Los Angeles. Within days, Brown 's ex-husband, O.J. Simpson, was considered the prime suspect in the murder of both (Bates). Although young at the time, I vividly remember watching one of the slowest cop chases, in the aftermath, involving Simpsons’ white Ford Bronco. Now why would an individual who is claiming to be innocent, flee in his vehicle with a gun in hand and also having possession of an apparent goodbye note? The Constitution states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (Rutherford Institute). It is fully understood that the intent is meant to protect the rights of people in the case that the government is trying to overreach their …show more content…
Many people, largely of the minority populous, feel strongly that George Zimmerman was a man on a mission, completely disregarded what authorities had recommended he should do, and took upon himself to create a completely avoidable situation and end the life of a teenager. He was first of all armed with a nine millimeter handgun and following Trayvon Martin while it had already darkened outside. Putting yourself in Trayvon Martins’ shoes, it becomes clear to see how if found in that particular situation, you would too try to protect yourself. The fact is there are only two people who know exactly that night, one is no longer with us and the other is George Zimmerman. It is clear to point out the fact that Mr. Zimmerman seemed to instigate the fight that lead to the death of the teenage boy, or did he? After all, one must point out the fact that Zimmerman was the neighborhood watch captain that night when he felt as though Trayvon was acting suspicious. At this point, we have a teenage boy wearing a hooded top walking through the streets in route to his father’s house, while there is an individual who spots him and begins approach to see if the boy is up to no good. Following the melee that ensues, George Zimmerman claims he was attacked first and had two
On the night of February 26, 2012 “George Zimmerman who was the coordinator for his Sanford neighborhood watch association is charged with second-degree murder in the death of a young boy. Trayvon Martin, an unarmed high school student from Miami, Florida. (Alvarez) The case began in a small city of Sanford as a routine homicide but soon evolved into a civil rights case, examining racial profiling. On the night of the attack Zimmerman was told not to get out of his car when he was following Trayvon. He described Trayvon as a “guy who looks up to no good, or he’s on drugs or something” Trayvon had his back to Zimmerman the whole time he was on the phone with the Dispatcher, from what the conversation was saying. When the dispatcher asked Zimmerman “is the guy white, black, or Hispanic? “Zimmerman says that he “looks” black, Zimmerman still has yet to see if Trayvon was black, white, or even Hispanic because Trayvon was walking the other direction. Later on in the conversation is when Zimmerman said “now he’s just staring at me”. That would have been the right time to mention the race of Trayvon. As the dispatcher was asking mo...
On March 12, 2012 Bill Lee, the Chief of Police for Sanford Florida, explained Zimmerman had not been arrested because the police found no evidence to refute Zimmerman’s self-defense claim (Timeline of events: Trayvon Martin shooting case). Then the media decided to bully the state of Florida into bringing Florida by influencing public opinion. One of the ways the media achieved this was by making it seem like the reason there was no evidence to refute Zimmerman’s claim of self-defense, and Zimmerman’s eventual acquittal, was because of the controversial law in several states, including Florida, known as “Stand-Your Ground.”
The Zimmerman case allowed me to be aware of something that was right in front of me. At a young age, my mother's significant other was arrested and imprisoned for "trafficking drugs". My mother had always maintained that he was initially arrested due to racial profiling, as there was no sufficient evidence to warrant the police to search his car. Despite this information being told to me as a child, I remained blind to the effects that such a system of injustice could have on your economic status, mental health, etc. However, I believe that the outcome of the Zimmerman trial opened my eyes to this effect. I believe that Trayvon Martin's family most likely received the same financial and emotional stresses due to the racial injustice associated with their experience. However, they had lost their son. Following the shooting of Trayvon Martin, I began to understand the effect that systemic racism could have on the lives of Black people, and how it had already been affecting
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
After he called 911 he was clearly instructed not to approach the suspicious individual (Trayvon Martin), but instead he disobeyed and intercepted Trayvon. Zimmerman was just a neighborhood watch person when he tried to be a professional cop which he had no training in or permission to do. Obviously it seemed he was out to start something that could have been avoided all together. Also Mr. Zimmerman used extreme force against a teenager that was unarmed. Mr. Zimmerman was known for discriminating against individuals in his own family. He had his run in with the law as previously stated above. The shooting of Martin was not only the first time he was put into hand cuffs. Zimmerman had been reported as abusing his now wife multiple times, Drinking under the influence, and many others. It shows that Zimmerman has a mental problem based on the previous crimes
The two models of crime that have been opposing each other for years are the due process model and the crime control model. The due process model is the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. ( Answers.Com) Any person that is charged with a crime is required to have their rights protected by the criminal justice system under the due process model. The crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding, treats arrestees as if they are already found guilty. (Crime control model) This paper will compare and contrast the role that the due process and crime control models have on shaping criminal procedure policy.
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.
The Motion for a New Trial requests that the Court determine whether the Government violated the Nanda Defendants’ Fifth Amendment Right to Due Process by introducing false evidence or withholding material evidence at trial to warrant the Court to grant the motion for a new trial.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
In closing, the criminal trial process has been able to reflect the morals and ethics of society to a great extent, despite the few limitations, which hinder its effectiveness. The moral and ethical standards have been effectively been reflected to a great extent in the areas of the adversary system, the system of appeals, legal aid and the jury
That evening, he walked out to the nearby 7-Eleven to get some Skittles and an Arizona Iced Tea. As he walked back home to his father’s house, he caught the attention of George Zimmerman, who was patrolling the neighborhood and called 911 to report "a real suspicious guy." This guy looks like he 's up to no good or he 's on drugs or something," Zimmerman said to the police dispatcher. After discussing his location with the dispatcher, Zimmerman exclaimed, yelled and there were following sounds suggesting he left his vehicle to run after Martin. "Are you following him?" the dispatcher asked and after Zimmerman answered “yep” the dispatcher told him not to follow Trayvon. Minutes later there were calls about the two fighting and sounds of tussling, then Trayvon lay dead in the grass.
In 1968, Herbert Packer was a Stanford University law professor who constructed two models of criminal process, due process and crime control. The due process model was Packer’s view that criminal defendants should be presumed innocent, courts must protect suspects’ rights, and there must be come limits placed on police powers. The crime control model is a model that emphasizes law and order and argues that every effort must be made to suppress crime, and to try, convict, and incarcerate offenders. Packer’s crime control model suggested that most cases ended in guilty please or withdrawals. In contrast, his due process model suggested that cases that go to trail and are appealed were the most influential. The due process and crime control model differentiate in
This case is about a 16-year-old kid from Miami named Trayvon Martin. On the night of February 26th, Trayvon walked from his father's house in a gated community to a nearby store. When walking back, he was spotted by George Zimmerman, a 28-year-old neighborhood watch volunteer. There have been a number of break-ins in the neighborhood over the last few weeks and Zimmerman thought that a young black man walking in the rain and wearing a hooded sweatshirt looked suspicious. Zimmerman then called 911 to report the person who "might be on drugs."
The shooting of Michael Brown in Ferguson Missouri became a controversial media sensation. The shooting created uproar and mistrust towards police officers. Many believed the shooting was unjustified and even an act of racism on the behalf of the police Officer Darren Wilson. The Department of Justice issued an investigation in order to understand the basis of the shooting and to decide whether or not to charge Darren Wilson in the shooting. Despite the evidence and the investigation which portrayed the shooting as an act of self- defense, the shooting still remains controversial.
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.