A $200,000.00 cash bail for Smith is reasonable. Smith has had serious prior problem with the law and convictions, not to mention the vehicular homicide. Smith criminal history speak for itself, he unquestionably has an issue with the law. Smith undoubtedly was at the Lake Traven bar to purchase the kilo of cocaine, in which he paid $500.00 for. However, permitting Smith out on a lesser bond will defeat the purpose of him ever having due respect for the law. Additionally, if smith is allowed back out on the street without any consequences he will continued to break the law and commit
In my opinion, I actually agree with the court decision because yes although he did committed a crime, to be sentenced for life at young age is pretty harsh. I do agree that he should pay for his consequences but not to that extreme. They should honestly come up with a plan that suits his crime. Plus he has the right of the 8th Amendment, to not condone a cruel punishment if it does not suit the crime in which he committed.
I personally favor the verdict to acquit Leroy Reed because I believe that even though he broke the law, he should not be charged with the crime of possessing a gun. The most convincing evidence was the expert witness who stated that Reed had a 2nd grade level of intelligence. When Leroy Reed was testifying, he was asked if he was a convicted, and he answered no. He was then prompted to answer yes to seeing a parole officer. Reed was then asked again if he was a convicted felon and he said yes. Reed gave conflicting answers on being a convicted felon during his testimony, which shows his mental capabilities. EXPAND. Another piece of convincing evidence was after Reed showed the sheriff the sales receipt of the gun as a form of identification, Reed voluntarily turned the gun in. Reed knew he had the gun, but he willing turned it in. I believe Reed should not be convicted for willing turning in his gun when requested by the sheriff. The last piece of convincing evidence was that Reed was not carrying the gun on him. Reed was looking to become a private investigator, which led him to p...
Bounds v. Smith was argued November 1, 1976 and the case was decided April 27, 1977 by THE UNITED STATES COURT OF APPEALS for the Fourth circuit. MARSHALL, J., delivered the opinion of the Court, in which BRENNAN, WHITE, BLACKMUN, POWELL, and STEVENS, JJ., joined. POWELL, J., filed a concurring opinion. BURGER, C.J., filed a dissenting opinion. STEWART, J., post, and REHNQUIST, J filed dissenting opinions, in which BURGER, C.J., joined.
Jacob was very young when he committed his murder but I think he still may exhibit violent and harmful behaviors. When he confessed to the other murder of a young woman I felt that was a prime example of his mental state. The article never confirmed if he actually did kill the woman but regardless even in an attempt to speed up his own death was disturbing. In 1993 when he assaulted the prison staffer it goes to show that he still may have those violent impulses. It’s easy for him to say he changed to help his release but like the parole board in Flagstaff I’m also not convinced. He took another person’s life and for that despite him saying he has changed he still is a murder and must pay for
There is a process every criminal goes through for him or her to be sentenced. Indeed in “BRUCO EASTWOOD ENTERS” it says Bruco was arrested by the Jefferson County Sheriff 's Office, by February 2010 he shot up Deer Creek Middle School in Littleton, Colorado. Resulting from this plea, he was transported to the Colorado Mental Health Institute in Pueblo to be examined. He was then faced fifteen criminal counts in the school incident, a motion hearing was then set for July 23, 2010 at 8:00 a.m.(BRUCO EASTWOOD ENTERS). This is informing his many charges were serious because he almost killed two kids.
The appeal was filed based on the fact that Smith’s presentence investigation report(PSIR) revealed that he had an extensive juvenile record which included a history of at least twelve offenses. Smith argued that he was entitled to resentencing under MCR 5.913, rewritten as MCR 5.925(E). The information in the PSIR was supposed to be automatically expunged pursuant to former MCR 5.913(People v. Smith, 2016). The Court of Appeals considered two panels of discussion before deciding in favor of the
On December 15, 2005, Minnie Smith was found dead in the home she shared with her husband, Marvin Smith. Smith was charged with first-degree murder for the death of his wife. At the end of the trial, the prosecution asked for and received an aiding-and-abetting instruction, which would allow the jury to convict Smith even if they found that he had not delivered the fatal blow. The jury convicted Smith but did not specify which theory of guilt they adopted. The California Court of Appeal affirmed the conviction and rejected Smith’s argument that he had not been given adequate notice of the possibility of the aiding-and-abetting instruction. The California Supreme Court denied Smith’s petition for review.
... to 360 months in prison. This case was considered ineffective assistance of counsel for one reason, which was counsel prejudice advice to client to reject a plea offer. In order for Cooper to show his Sixth Amendment was violated, he would have to show three things: (1) The ineffective advice, and that the plea offer would have been present to the courts, (2) the courts would have accepted the terms, and (3) the conviction sentence would be less than the actual judgment and sentence imposed. The outcome in this case changed how the plea bargaining system works. Defendants in criminal proceedings have a Sixth Amendment right to effective assistance of counsel during plea negotiations meaning when the prosecutors offers a plea the defendant is entitled to be there so if he or she rejects the plea they know its actually coming from the defendant and not his attorney.
The case that I have decided to do my criminal justice research paper on is the Trayvon martin case. The Trayvon Martin case is a fairly recent case that took place in Sanford a central Florida city that consisted about 53,000 people. This case involves Trayvon Benjamin Martin an seventeen year old African American boy who was born on February 5 1995. He lived in Miami Gardens, Florida with his mother sybrina Fulton and attended Dr. Michael M. Krop High School (CNN) . Trayvon went to visit with his father Tracey Martin who lived in Sanford, Florida in February of 2012. The reason this young boy was sent to be with his father is because he received a ten day suspension from school. Trayvon got suspended from school for ten days because the school found drug residue in his book bag (CNN). Trayvons parents decided to send him to visit with his dad during his suspension because they didn’t want him to enjoy things in his hometown such as family, friends, and football (CNN). Also, this case involves twenty eight year old George Zimmerman who was the neighborhood watch captain for the community Retreat at Twin Lakes. Zimmerman was also a part time student at Seminole State College. He is married to Shellie zimmerman and the father of two son Robert and Glayds Zimmerman.
Harold Shipman was a British doctor accused of killing 218 patients, but only 15 of them were corroborated. He is known as one of the worst serial killers in the modern history.
From 1992 to 2006, bail has rise from twenty-five and four hundred dollar to fifty-five and five hundred dollar (Reese). “The idea that somebody goes and sits in Rikers Island (jail in New York City) and endures all of the hardship of that simply because they don’t have $500 or $1,000 is truly offensive and serves no public purpose,” said Jamie Fellner of Human Rights Watch (Reese). Intending to gain monetary or Profit motive of offender that cannot afford cash bail post is an unfair advantage. Laws that put a cap on bails and fees a bondsperson can collect. This law will prevent bail from being unaffordable and the jails be full of people who are stuck in jail because they cannot post cash bail or afford a bondsperson. Bondsperson should accept bonds that are less than a thousand dollar but include other collateral with the fee, such as titles to car, home, or property, that will be refunded once they show up for all court
The entire criminal justice system can be very frightening and even intimidating if someone fails to understand the meaning of terms used, procedures, laws, and rules (Cook, 2009). Criminal law is among the terms that have been defined differently by various sources. It is mainly concerned with a system of legal rules defining actions that are classified as crimes and the manner of which the government prosecutes people who commit crimes (Snyman, 2014). According to the chapter, some sources use it in a way that is very general that describes it as the entire spectrum of laws that deal with the criminal justice system while others use shorthand ways which terms it as substantive criminal law, which is very true.
There prison population is overpopulated with people just like these. The people in these cases needed help, whether it be employment opportunities, rehabilitation, an alternative to prison, or even a lesser sentence. We have learned that throwing everyone who has a problem in prison and letting them rot behind bars is not the answer. We have only created another problem that our prisons have become overcrowded, and when these offenders finally come out of prison they have a high risk to go right back in. We have to put funding back into communities, society needs to stop spending so much money on sending people to prison, and spend more money trying to keep them out. Society has to put funding back into creating employment opportunities, affordable rehab, and focus on low income communities who need the most help. We need to leave the violent offenders that we are afraid of for prison, and for the people that really need help we can 't put them in jail. Mandatory Minimum sentences are not the answer, this bill needs to be reformed. We have learned that our prisons are filled with people just like Angelos, Echols, and Lockwood who didn’t deserve such harsh sentences and would have benefitted from a judge 's discretion. These people lives would not have been ruined by these sentences if they had better
She explained that his involvement in the crime was not excessive and that it was his brother who was the leader. She went on to describe his eight previous arrests for crimes like robbery and cocaine possession. Given his long history she said she was not surprised to see him involved in this kind of case. Because of his other charges I thought the prosecutor was going to suggest the higher end of the sentencing guidelines. However, as she continued I realized I was incorrect. Instead of focusing on his previous crimes she talked about how he needed rehabilitation. She emphasized recovery from his current lifestyle more than sending him to prison again. She brought up his involvement in his church and his successful marriage and questioned why he would throw all of that away. She also suggested that he turn to his church and his wife for support and to aid him in his battle with addiction. Throughout the case, the prosecutor was compassionate and seemed more like a disappointed parent to the defendant rather than angry. The one time the prosecutor did act somewhat harsh was towards the middle of her statement. She brought up the fact that the defendant had previous medical conditions such as a stab and shot wounds. She suggested that the defense had asked for these injuries to be taken into account when the sentence was decided on. She was adamant that the court should not take
The question of whether an accused should be acquitted on the grounds of voluntary intoxication is an ongoing debate amongst academics. On the one hand, a logical legal approach to the matter is one that requires the existence of all elements of a crime for a successful conviction. On the other hand, is the issue of policy considerations. It has been accepted that intoxication may impair mental faculties including the cognitive and conative capacities, subsequently leading to lack of criminal capacity in terms of the Criminal Procedure Act . If an accused kills a person while in the state of severe intoxication, in terms of jurisprudential approach, the accused will be acquitted for murder due to lack of criminal capacity that’s due to intoxication. This