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Recommended: Role of prosecutors
The three conditions that must be met in order for a prosecutor to charge a person with a crime or crimes is has a crime been committed, has a perpetrator been identified, and is there enough evidence to prove beyond a reasonable doubt in order to get a guilty verdict. A prosecutor has complete autonomy on deciding to prosecute a person. The prosecutor is the “most powerful actor in the administration of justice” (Bohm & Haley, 2011, p. 284). There are numerous reasons why a prosecutor chooses to not prosecute criminal cases. One of the reasons is that a prosecutor may feel the offense did not cause enough damage to prosecute. Another reason is that the prosecutor feels that the punishment for a first time offender of a certain crime
This trial was between a group called the Mau Mau and Great Britain. Great Britain colonized Kenya in 1895. Great Britain's colonization of Kenya had major effects, good and bad.But in the early 1900’s, the Kenyans wanted independence. They formed a independence group called the Mau Mau. The Mau Mau were mostly made up of a tribe called the Kikuyu. As they tried peaceful protests and demonstrations, the Mau Mau were usually attacked by the British. Britain believed in order to stop the Mau Mau from their independence movement and the violence they were causing on the Britain's, Britain needed to use force. The purpose of this trial was not to make a decision about if Britain's violence was justifiable or not, but to figure out if the Mau Maus
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
In the 21st century, crimes have been and remains as one of the post-major threats towards
The individuals within our society have allowed we the people to assess and measure the level of focus and implementation of our justice system to remedy the modern day crime which conflict with the very existence of our social order. Enlightening us to the devices that will further, establish the order of our society, resides in our ability to observe the Individual’s rights for public order.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
The attorney’s office of the prosecutor is usually the one’s who decide whether charges should
When it comes to the vague ethics rules and finding effective ways to create a set of clearer ethical standards, legalistic approaches should be taken. Legalistic approaches began in the early 1900’s with the first set of ethics rules, the 1908 Canons. The 1908 Canons stated the primary duty of a prosecutor is to seek justice. The 1908 Canons method failed due to the lack of clarity concerning in depth what the prosecutor’s ethical obligations were. Another remarkable approach was the 1969 Model Rules, which made operational progress in defining the ethical duties of a prosecutor which established a set of rules, but yet and still failed to address the ethical obligation of seeking justice (American Bar Association, 1983). If these legalistic approaches continue to advance and make suitable amount of progress, less failure will occur and eventually the goal of seeking justice will be reached. An effective method to alleviate the vast discretionary authority with little to no transparency would be to use a prosecutor’s handbook (Joy 2006). Both the American Bar Association Prosecution Function Standards and National District Attorneys Association make recommendation of using a prosecutor’s handbook. These written standards bring more awareness to prosecutors allowing them to know the limits of their authority and provides guidance on how to properly exercise discretion. At the last point, inadequate remedies which create incentive to prosecutorial misconduct rather than deter it can be solved by reformation (Caldwell, 2013). Within trial courts, when a prosecutor has fraudulently obtained evidence, the trial court does have to option to exclude the evidence in which has been affected by misconduct. This approach typically does not result in anything further than a verbal reprimand. There are no types of
On February 27th, 2014 I had the pleasure to interview Detective Vincent Velazquez who was referred to me by Professor Paul Guerrucci. Vincent currently works at the Atlanta Police Department located in 226 Peachtree Street, Atlanta, GA 30303. On the day of the interview, I was a little anxious since this was actually the first time I interview a crime investigator, however Vincent was very professional and he allowed me to record the entire conversation. I was able to ask questions about his personal life, full details of his profession, current case assignments, criminal investigation procedures and existing problems in the investigation process.
This essay will discuss the role of the criminal justice professional in serving both individual and societal needs. It will identify and describe at least three individual needs and three societal needs, in addition to explaining the role of the criminal justice professional in serving each of these needs. Illustrative examples will be provided for support.
Facts : On 17 April 1992, Serbian military force has taken control over the Bosanski Samac in Bosnia and Herzegovina and has undertaken a campaign of terrorism whic was designed to make Bosnian Muslims and Bosnian Croats to go away from area of Bosanski Samac. The forcible takeovesr by Serb force of towns & villages inhabited by nonSerbian people, the murders, sexual assault and beating of non Serbian civils detained in many detention camps of region, the unlawfully made detentions and confinement of nonSerbian civils under horrible conditions on political, or religious beliefs, the cruel and inhumane treatments of nonSerb civils including beating, tortureing, forced labour and confinements under inhumane condition, the interrogations of nonSerbian civilians who were arrested or detained and forced them to sign false and coerced statement,the deportations, forced transfers and expulsions of nonSerb civils from their homes , the issuance of order and directive which violated the rights of non Serb civils to equalize treatments under law and which infringed their enjoyments of basic and fundamental right.
Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
The problem with the prosecutorial process in our legal system described by William Stuntz (2011), author of The Collapse of American Criminal Justice, asserted that
I have chosen to use a criminal defense lawyer as my primary legal career for this discussion board. A criminal defense lawyer, is a lawyer who specializes in defending an individual or a company that has been charged with a crime. Criminal defense lawyers have to deal with many different circumstances. For instance, arrests, criminal charges, investigations, sentencing, appeals, and even post-trial issues. However, a lot of criminal defense lawyers will choose to specialize in a certain type of criminal defense. For instance, drug defense, or even DUI defense. Criminal defense lawyers often have to work out substantive issues in connection with their clients supposed crime. Many times criminal defense lawyers will be helping a client even before charges have been filed against them by
obligation is to protect the innocent as well as to convict the guilty, to guard
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,