Jesse James Case Study

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In the case of Jesse James who was arrested for the killing of a police officer there are a number of hearings he would have to go through before his case actually goes to court. The first thing that would happen would be that he gets changed with murder or the killing of the police officer. Then there will be an initial hearing which is the first time the defendant comes before the Court (Judge) (avvo.com. n.d.). At this hearing the judge is responsible for making sure that the defendant understands his constitutional rights, as well as what kind of penalties he will be facing for his crime. Once this is done he will have a preliminary hearing. Now a preliminary hearing is to determine whether the prosecutor has enough evidence to justify …show more content…

James will appear due to the crime he has committed. Now the first thing that would happen is he will have to go to a trial court which is where all of the evidence from the prosecution will be heard. Now in every state these courts are considered to be the district courts of that state courts and they handle all of the state civil and criminal cases. However, in some cases the case can be taken to a circuit court but only if a federal district court has made a decision on that case. Unfortunately, if the case is of a high nature with great circumstances the case could be taken to a federal Supreme Court which can better deal with any and all interpretations of the constitutional problems surrounding the case. Now in a situation such as this once the federal Supreme Court makes its ruling it is considered too final and there are no changes to their decisions and it sets future presidents for any other cases of this …show more content…

James and the police officer which led to Mr. James killing the officer. Although, this is the first hearing the prosecutor will have to give all of their relevant information from any investigation that occurred with the case. Furthermore, they will have to give reasons to why this case should be tried within the jurisdiction for which it happens according to the law. Unfortunately, the defense has an opportunity to object to any evidence that the prosecutor may have in the case. There is also the pretrial motion where the defense attorney can seek an exclusion for irrelevant prosecution information as well as evidence that does not go with the case in order to take it to a trial court. After this is done then there is the criminal trial of the case. Unfortunately, for Mr. James the judge in the part of the trial will make the decision on whether he gets life in prison or the death penalty if it is still available but the jury in the case if he decides to have a jury trial will determine if he is actually innocent or guilty of the charges that are before them. However, if Mr. James attorney feels that he was not guilty he/she can apply for an appeal. He/she will then have to file an appeal to the higher court and give them all of the evidence surrounding the case that they feel was wrong or did not give

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