Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American...

Question

Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American Criminal Justice System

The following case study presents issues related to the steps a criminal defendant may go through in the American criminal justice system from arrest through sentencing.

Case Study:

You have just been hired as a lawyer at a small criminal defense firm. On your first day, Louis Steele enters the office and asks to speak to an attorney. All of the other lawyers are at lunch so you speak to Mr. Steele. Mr. Steele states that he is worried about being arrested for an armed robbery of a gas station that occurred the night before. Mr. Steele explains the following to you after you assure him that anything he tells you will be protected under the attorney-client privilege.

Mr. Steele states that he has been out of work and owes money for gambling debts; that he was desperate for money and robbed a gas station last night located a couple of blocks from his house. Mr. Steele states that he used a BB gun but admits that it looks like a real gun. Mr. Steele took a total of $130.00 during the robbery. Mr. Steele states that he was not wearing a mask and that the attendant got a good look at his face. This morning, Mr. Steele heard that officers had stopped by his apartment looking for him. Mr. Steele tells you that the only person at the apartment this morning was his 13-year-old nephew. Mr. Steele did not know whether the 13-year-old let the police in or if the police forced themselves in, but states that the police found the BB gun he used under Mr. Steele’s bed. Mr. Steele wants to know what is going to happen to him should he be arrested — from arrest to sentencing. Mr. Steele has no experience with the criminal justice system and has never been arrested before.

Please prepare a PowerPoint presentation as follows:

Include10 substantive slides and a maximum of 15 substantive slides, not including cover slide, legal term slide(s) or reference slide(s).

As Mr. Steele’s lawyer, explain the advice you will give him both pre-arrest and post-arrest.

Identify all major steps you will take to prepare a defense for Mr. Steele, including investigation of evidence and witnesses, should Mr. Steele be arrested for a felony such as armed robbery.

Explain to Mr. Steele the pre-trial process and any motions you would file on his behalf (including your reasoning for filing these motions).

Describe to Mr. Steele his trial options.

If this case goes to trial, discuss with Mr. Steele the possible sentence he could face based upon a review of your own state’s criminal laws.

Define key legal terms to Mr. Steele so he has an understanding of the legal principles involved.

Cite all legal authority used in giving advice to Mr. Steele.

This Assignment will require outside research. Use at least two credible sources beyond the text material, and discuss how you evaluated the credibility of the resources used. You may consult the Library, the internet, the textbook, course material, and any other outside resources in supporting your task. Use proper citations in APA style.

In addition to fulfilling the specifics of the Assignment, you should format your presentation in accordance with the following guidelines:

10-15 slide minimum (excluding title and reference slides).

Use one basicslidedesign and layout.

Use charts and graphs as needed.

Limitslidesto between six and eight lines of content.

Use bullets for your main points.

Use speaker notes to fully explain what is being discussed in the bullet points as though you are presenting to an audience. To learn more about using speaker notes, open PowerPoint and press F1. In the search box, type “create notes” and press Enter. The related topics on notes appear.

The presentation should contain a title slide and reference slide with a list of references in APA style. On the references slide, in the speaker notes, discuss how you evaluated the credibility of the resources used.

You should also make sure to:

Include a title slide with full name, class name, section number, and date

Include an introductory and concluding paragraph and demonstrate college-level communication through the composition of original materials in Standard English

Use examples to support your discussion

Cite all sources on a separate reference slide at the end of your presentation and cite within the body of your presentation using APA format and citation style. For more information on APA guidelines, visit Academic Tools.

Directions for Submitting Your Assignment

Compose your assignment and save it in the following format: Course#_LastnameFirstname Unit # Assignment (example: CJ227_SmithJohn Unit 8 Assignment). Submit your assignment to the appropriate Dropbox by the end of the Unit.

Tanisha · Accepted Answer

Introduction
Introduction
The American Criminal Justice System is a complex process. In this presentation, I have explained the process, the arguments we can make at various stages, if needed, and what pre-trial motions we can request. There are various different components that the prosecution must prove in order to convict a defendant. Our law firm aims at aggressively defending the rights of our clients. With our highly qualified lawyers, we will help to resolve the case by a reduced sentence or by dismissal of charges. 
z
1
Pre-trial process
Investigation
The police officers investigate and obtain evidence to help prosecutors understand the case. 
The Fourth Amendment of the Constitution generally requires that police officers have ‘probable cause’ before they search a person’s home, or other property. 
Searches usually require a search warrant, issued by a judge. 
Arrests also require probable cause and often occur after police have gotten an arrest warrant from a judge.
z
I will explain Mr.Steele, the pre-arrest investigation, the stage he is currently in. This is the first stage of the process. 
police officers investigate and obtain evidence to help prosecutors understand the case- A prosecutor evaluates a case, and uses all the statements and information he has to determine if the government should present the case to the Grand Jury 
 Fourth Amendment- It protects privacy and safeguards unwarranted intrusions by the police. A person who alleges that police seized evidence in violation of his or her Fourth Amendment rights may file a motion to suppress that evidence under the exclusionary rule, which we will discuss later. 
The Fourth Amendment proclaims: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
2
Advise during the police investigation and pre-arrest
Being a suspect, does not mean you are charged. 
The police has no duty to inform you that you are under investigation.
Do not to speak to the law enforcement before speaking to us.
You have a right to remain silent. 
You should not resist arrest.
z
Being a suspect, does not mean you are charged- Pre-arrest investigations are the first legal proceeding that will occur after a person is accused with a crime. Prior to the person being charged, the police must perform an investigation to determine whether the evidence is solid enough for charges to be filed.
The police has no duty to inform you that you are under investigation- Law enforcement are free to lie to a suspect during questioning. The police may comment "We have the other guy, he told us what happened so you can too" or "your fingerprints are all over the weapon". This is designed to get you to make a statement.
Not to speak to the law enforcement before speaking to us- This is because anything that is said during questioning can and will be used against you when the state is building its case. 
Right to remain silent- It is only natural to want to explain yourself in hopes that once they understand your position they will be sympathetic to your situation; understand that the police will use any admission as evidence against you.
You should not resist arrest - Do not attempt to run from the police. You will likely be caught and it will not help your case in court. You might also face additional charges such as evading police or resisting arrest. 
3
Advise post-arrest
Stay calm and respectful to the arresting officer. 
A person under arrest has the right to remain silent and does not have to answer any questions from law enforcement.
Do not believe the things the police might tell you in order to get you to talk. 
Be prepared that if you are arrested, you will be searched and any evidence will be seized. You will be photographed and fingerprinted and there will be a record of the arrest.
You are generally entitled to a phone call to your family, and an attorney.
If the police arrest you outside your house, do not allow police to go to your house to get your things. 
z
Being arrested does not mean you are guilty, and it does not mean that your life is over. Take deep breaths and  listen to what the arresting officer says, and be smart about protecting your legal rights.
Right to remain silent- As I mentioned earlier, do not say or describe anything about the incident to the police.
3. The police are generally allowed to lie to you. Often times they will say things like, “It will be easier on you if you just tell the truth.” However, this may only make it easier for the police to prove their case.
4. If the police arrest you outside your house, do not allow police to go to your house to get your things- If you accept such a request, then the police may escort you into your home and begin to search it without a warrant. 
4
Steps to prepare for defense
Criminal law requires proof beyond reasonable doubt. 
I will question the attendant on identity of the accused
I will try to prove a case of mistaken identity
I will question the attendant on the weapon used 
Whether the victim believed the gun to be a dangerous weapon. 
z
We could try to prove the case of mistaken identity, if not, then we could move to questioning the attendant on the weapon used. 
case of mistaken identity-  This is because the circumstances surrounding an armed robbery include the use of force or threat of imminent force or of fear. This can lead to understandable distress on the part of the robbery victim, contributing to confusion about the person committing the crime. Challenging the identification by a witness is a viable defense in armed robbery cases. It must be proved by the attendant and if there were any other person present during the robbery, that you have committed the crime.

Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American Criminal Justice System The following case study presents issues related to the steps a criminal...

Answer To: Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American...

Answer To This Question Is Available To Download

Related Questions & Answers

Submit New Assignment