In the year 2014, law enforcement in the United States estimated 1,165,383 violent crimes reported (“D2014VC”). Imagine the number of people needed get to the bottom of all of those cases! There are an abundant amount of Americans solving mysteries every day to keep others safe. Crimes are committed all around the United States at every second of the day! In John Grisham’s The Pelican Brief, he displays a firm relation between investigators and lawyers through the Criminal Justice System of acquiring suspects and evidence, indicated in the book with an exploration of the scandals of Supreme Court Justices Rosenberg and Jensen (Grisham). Starting off as a criminal defense attorney himself, John Grisham had a very valuable grasp of law …show more content…
In the Pelican Brief, Darby Shaw has a theory of whom may be the culprit of the justice murders (Grisham). In some cases, there is very little evidence for the investigation process, leaving a very wide range of possibilities. In the novel, it states “The Klan, the Aryans, the Nazis, the Palestinians, the black separatists, the pro-lifers, the homophobic. Even the IRA. Everyone, it seemed, but the Rotarians and the Boy Scouts” were all suspects for the death of a federal trial judge in Texas (Grisham). This informs the reader that, at times, there is very little evidence to base their investigation on. In this particular case, there were at least at least eight different suspect groups. So, where does the investigating team go now? There are many possibilities as to what could have occurred. But what is the process of finding different types of evidence? Criminal investigations are a very serious matter that take a large amount of time to solve. The Criminal Justice System plays a huge part on cracking down criminal cases. “The Criminal Justice System is a set of …show more content…
Evidence essentially comes in two forms: verbal or physical. For instance, verbal evidence could be spoken evidence acquired from a wiretap. Physical evidence could include DNA, blood, or bodily samples. Another reliable origin evidence is digital documentation. “As technology has become more portable and powerful, greater amounts of information are created, stored, and accessed” (GEDJ). Over the past few decades, technology has advanced to extreme levels! The most common technology used to find digital evidence are cell phones, computers, tablets, external storage devices, GPS locators, and various other devices (GEDJ). Text messages, social media posts, pictures, etc. are becoming more common data in investigations of the modern era. “Digital evidence can come from both suspects and victims, as all involved parties may have their own personal devices that are relevant to the investigation” (GEDJ). If they are available, computers, phones, social media and much more are very useful sources of gathering data for a criminal case. For instance, both the suspect and the victim may have text messages on their cell phones that could add to the search. “In some criminal cases, digital evidence can be useful if the suspect had associated with it. In some cases it can lead you in the wrong direction or to the wrong people. Or it could simply be useless if the suspect didn 't use anything
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
Over the next 10 years the criminal Justice system could entirely change with the passing of a major law, epidemic, or failed service. Consequently, every since 9-11 our justice system has become much more open minded. Therefore, resulting in the strict enforcement of laws to protect its citizens. Nothing ever stays the same for too long. New developments related to science, technology, DNA analysis, and countless other tools and other factors are changing for the better in solving cases, prevention of crimes, and aiding in investigations. Where there is change there will be changes in the way we handle everyday processing. For example, booking a criminal, acquiring evidence, and interrogation. This also results in the field of criminal justice having no choice but to adapt to the slowly changing times or else be left behind.
In The New York Times article, “Alton Sterling Shooting in Baton Rogue Prompts Justice Department Investigation”, writers Richard Fausset, Richard Perez- Pena, and Campbell Robertson explained that the unfortunate deadly encounter was caused by an injustice in the criminal justice department. In addition to the injustice of the event, many members of the community and state officials encouraged the idea of federal investigation of the event rather than a local or state investigation (Fausset, Perez- Pena, & Robertson, 2016). This is highly supported since many investigations that are conducted through local or state law enforcement are highly criticized as there is thought to be a
Schmalleger, F. (2011). Criminal justice today: An introductory text for the 21st century. Upper Saddle River, N.J: Pearson Prentice Hall.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
These are not the only reasons for urgency to find a killer; the Solicitor General of Atlanta’s circuit, Hugh M. Dorsey, desperately needed a successful conviction because he had recently failed to convict two accused murderers. He was concerned about putting together a case that would hold up in court; no matter what lengths he had to go to in order to accomplish this. Overtime, it became obvious that Dorsey did not necessarily believe that Frank was guilty, but recognized that the political values of his position were uncertain.
"Know the Cases." Innocence Project. Benjamin N. Cardozo School of Law, n.d. Web. 1 Mar 2011. .
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
New types of technology have made it easier to track down and catch criminals. Then also made it easier for prosecutors to gather and present more credible information. Some new technology that has made it easier to track down criminals or help provide more reliable and supportive evidence is things such as DNA testing, computer technology, fingerprinting, and GPS tracking devices. “The main strengths of technology in the criminal justice system lie in the provision of databases which allow better and more efficient records to be stored and retrieved” (Bean 370). Prosecutors now in sense have “…an infallible test of truth, a foolproof method, of determining the accuracy and reliability of evidence and hence of convictions” (Pallaras 72). These 4 technological advancement...
John Grisham went on to practice law for 10 years after he got his degree specializing in personal injury litigation and criminal defense. He was elected into the House of Representatives and served from 1983 and stayed on until 1990. He started his third project in 1984 which he would finish in 1987 and it would be called "A Time To Kill".
The process of gathering evidence largely depends on the role of discretion by the police. Once police have decided to pursue a reported crime, they then begin the process of gathering evidence. To ensure that the process of gathering evidence is lawful, the police must follow the procedure outlined in the Evidence Act 1995 (NSW), which describes the manner in which evidence can be collected. This act imposes certain limits on the way police can gather evidence and the types of evidence that can be used. The Act is able to protect the rights of citizens by making it a requirement for the police to gain necessary legal documentation, such as search warrants, in order to obtain some types of evidence and thus, protects the rights of ordinary systems. In more recent times, the use of technology has come to play a major role in the gathering of evidence and with this comes complications in the law. New technologies in relation to the criminal investigation process are mainly in reference to DNA evidence, genetic material that can place a suspect at the scene of a crime. The introduction of DNA evidence into the criminal investigation process has been extremely effective in achieving justice, as it is able to secure convictions. Initially, there were some setbacks to the use of DNA evidence
The biggest challenge investigators face and who is involved with high tech crime is the fast-paced constant evolving nature of technology. When companies come out with new devices or new versions of old devices which is almost all the time, and those who gather digital evidence must remain current to be able to locate and preserve all potential evidence. As technology evolves the capacities of these devices will rapidly increase while their form factor grows continually smaller. Investigators must preserve digital evidence to make sure it is suitable for presentation in court as well. Investigators must first never change a crime scene or alter evidence. It is their goal to document and preserve the scene exactly as it was when the crime occurred. Extreme caution and care is needed because the mere act of documenting or cataloging a crime scene means that investigators are interacting with the scene. The second concern is the physical fragility of the evidence. Care must be taken to keep items from getting wet, stepped on etc, this can also be applied to digital evidence. Investigators have been able to examine hard disk drives that have been through fires because the drives are usually air and water tight and impervious to temperatures into the thousands of degrees. The third issue is that digital evidence can be lo...
In most crimes committed today criminals’ leave behind digital evidence that can be recovered by digital forensic experts and digital forensic tools.