Category: Criminal Justice

Smartphones, the Internet, and rapid advancement of technology have come to influence all aspects of people’s daily lives. However, as with any advancement in technology, there are always those who will misuse this technology for their own purposes—criminal and abusive. In fact, the developer of the ILOVEYOU worm, one of the most destructive computer viruses in history, faced no legal penalty in his nation because at the time, what he did was not a crime. This is but one example of many in which the law has been unable to keep pace with technology. In this activity, you are tasked with conducting independent research to identify specific legal concerns and issues associated with technology. In your independent research, you must discuss one example involving technology and the criminal justice system. Then, either for this issue or a separate issue analyze the constitutional challenges that are involved with the technology that is used in the criminal justice system.
You may refer to the following for inspiration:
Electronic Frontier Foundation
EPIC – Electronic Privacy Information Center
Center for Democracy & Technology
Crime Has Gone High-Tech, and the Law Can’t Keep Up
Possible topics (this list is not exhaustive)
Social Media such as Facebook, Instagram, and Twitter
Smart phones and watches
Cybercrimes
DNA retrieval and storage
Surveillance cameras on the streets
Use of GPS
Identity Theft
Technology such as ShotSpotter
Use of Biometrics
**Most of these topics involve either the First Amendment or the Fourth Amendment.
Complete the following for this assignment:
Conduct independent research on legal and constitutional issues associated with technology.
Analyze one issue involving the relationship between technology and crime, with a clear identification of how the law has or has not kept pace with technology.
You may choose a separate constitutional challenge, or use the same. Analyze the constitutional challenges that are involved with the above issue or a separate issue involving technology and the criminal justice system. Include no fewer than 2 scholarly resources, 2 non-scholarly resources, and 1 legal case.
Click here to see the characteristics of a scholarly article.

Analyze any two of the following three scenarios. Clearly label your answers so that your professor will know which scenarios that you are analyzing. Answer the following questions and support your answers with facts from the scenario and legal analysis by discussing the cases that have been provided to you or additional cases obtained through your own research and explaining how these cases apply to your chosen scenario. You are not required to conduct additional research to earn full credit. Be sure to include the case names and citations of all the cases that you use in support of your arguments in the body of your paper as well as in the reference section.
Consider the following cases:
Scenario 1-A High Crime Area
Two police officers were patrolling in a high-crime neighborhood at 3 a.m. when they noticed a parked car with two people inside (a driver and a passenger) in a parking lot at the local Best Buy. The officers also saw a young woman leaning into the passenger’s window and handing the passenger an object, which the officers could not identify, and the passenger handing the woman cash.At this point, the officers approached the car to investigate, and the woman began to walk away. One of the officers noticed the passenger making a shoving down motion, leading the officer to believe that the passenger might be armed. He also noticed a bulge in the passenger’s front pocket. The officer drew his gun and shouted, “Let me see your hands.” After making more shoving down motions, the passenger complied. The officer asked both occupants to exit the vehicle. Because the officers believed that the individuals could be armed, they frisked both of them.
When frisking the passenger, the officer touched the bulge in the outer portion of the passenger’s front pocket. It was a large, hard object, which the officer immediately believed to be rocks of crack cocaine. The officer then reached in and removed a plastic bag from the pocket. The bag contained several rocks of crack cocaine that totaled almost 100 grams. The officer then searched the vehicle but did not find a weapon. The passenger was arrested and charged with illegal possession of a controlled substance. The passenger has filed a motion to suppress based upon the officer’s lack of reasonable suspicion.
**In a criminal case, a motion to suppress is a motion based on the exclusionary rule, that a defendant can file to ask a trial court to prevent the prosecution from admitting items into evidence because the items were illegally seized in violation of the constitution. The motion to suppress will be granted if the items were seized in violation of the constitution.
Using the cases of Terry v. Ohio, 392 U.S. 1 (1968) and Minnesota v. Dickerson, 508 U.S. 366 (1993), analyze the scenario by determining whether the defendant’s motion to suppress should be granted by discussing the following:
Whether the officers had articulable facts to support reasonable suspicion to investigate or were the officers instead acting on a “hunch,” curiosity, or instinct?
Whether the officers had reasonable suspicion to believe that the suspect was armed and dangerous that would justify the frisk?
Whether the officer’s seizure of the rocks of crack cocaine from the suspect’s pocket that were discovered during the frisk was constitutional under the plain touch or plain feel rule?
Support your reasoning and answers to each question with the case law provided.
Please respond to this question in 1-3 pages.
Scenario 2-A Group in an Alley
On a routine patrol, an officer noticed three people talking and laughing in an alley around 6 p.m. Two of the individuals were known drug addicts who had their hands in their pockets. When the officer approached the group, the group dispersed. The officer stopped one of the individuals and frisked her.During the frisk, the officer discovered an illegal weapon. The person was charged and has now filed a motion to suppress, arguing that the officer did not have articulable facts to support reasonable suspicion to investigate the group. The defendant also argues that talking and laughing with drug addicts in an alley is not criminal conduct, and there was no justification for the frisk.
Using the cases of Brown v. Texas, 443 U.S. 47 (1979) and Sibron v. New York, 392 U.S. 40 (1968), analyze the scenario by determining whether the defendant’s motion to suppress the weapon should be granted by discussing the following:
Whether the officer had articulable facts to support reasonable suspicion or were they instead relying upon a hunch, instinct, or curiosity when they approached the group in the alley?
Whether the frisk was appropriate by analyzing whether the officer had reasonable suspicion to believe that the suspect was armed and dangerous?
Support your reasoning and answers to each question with the case law provided.
Please respond to this specific question in 1-3 pages.
Scenario 3-Hot Pursuit of a Fleeing Misdemeanor Suspect
Officers were patrolling the local shopping center when they noticed a baby who was left unattended in the backseat of an SUV. The weather on that day was 90 degrees. Just as the officers were about to approach the vehicle, the mother ran out of the local CVS, started the vehicle, and headed down the street. The officers followed the vehicle and turned on their lights shortly thereafter. Instead of stopping, the mother turned into a driveway, entered the open garage, and immediately closed the garage door.Officers followed the vehicle and were able to run into the garage prior to the door’s closing. Upon entering the garage, officers noticed an automatic weapon or a machine gun in the corner of the garage that they immediately recognized as being a prohibited weapon.
The driver has been charged with a Class C misdemeanor for leaving a child unattended in a vehicle and possession of an illegal weapon, a Class D felony. The mother/defendant has filed a motion to suppress arguing that the officer had no right to enter her home without a warrant and that the plain view doctrine does not apply to the discovery of the weapon because the officers illegally entered the garage in the first instance.
Using the cases of Lange v. California, 594 U.S. ___ (2021), and Arizona v. Hicks, 480 U.S. 321 (1987), analyze and discuss the following:Whether the officers had the right to enter the fleeing suspect’s garage for a violation of the misdemeanor offense of leaving a child unattended in a vehicle?
Whether the plain view doctrine allowed officers to seize the automatic weapon in the garage?
Support your reasoning and answers to each question with the case law provided.
Please respond to this specific question in 1-3 pages.

DNA from Arrestees
One of the most controversial of technological advances is the relationship between DNA, probable cause, and issues of privacy and the Fourth Amendment. You are provided with two research documents below that analyze the case of Maryland v. King, 569 U.S. 435 (2013), in which the U.S. Supreme Court held that it is constitutional to extract DNA from arrestees. The author of the first article provides an overview of the legal issues associated with compulsory DNA collection from arrestees and argues that the U.S. Supreme Court correctly decided the Maryland v. King case.
The author of the second article raises several concerns about the Maryland v. King opinion and the future of privacy and the Fourth Amendment. Read both documents, and then write an argumentative essay explaining your position on the issue of DNA extraction from arrestees.
Complete the following for this assignment:
Read the following 2 research documents:Deitrich, L. (2015). Say Aah! Maryland v. King Defines Reasonable Standard for DNA Searches. 49 Val. U.L. Rev. 1095.Click here to access the article.
Noronha, S. (2014). Maryland v. King: Sacrificing the Fourth Amendment to Build up the DNA Database. 73 Md. L. Rev. 667 (2014)Click here to access the article.
Summarize the key legal and privacy concerns discussed by Deitrich.
Summarize the key legal and privacy concerns discussed by Noronha.
Write an argumentative essay supporting your position relating to those issues raised by Deitrich and Noronha. Indicate the following: Whether you agree with both authors or one author over the other, and why;
Whether you disagree with one or both authors, and why;
Discuss your own ideas on DNA extraction from arrestees;
Explain your position in detail.
For background and additional insight into the Maryland v. King case,
Click here to listen to the oral arguments. Click here to read the Maryland v. King case. ShotSpotter Technology
Another controversial technological advancement has been police departments’ adoption of ShotSpotter technology across the county. ShotSpotter is a sophisticated surveillance system that detects gunshots and pinpoints the location of the gunshots. Once the system’s microphones detect sounds of gunfire, it sends the audio file to the ShotSpotter Review Center where it will be determined whether the sound was indeed gunfire. If it is determined that the sound is gunfire, ShotSpotter notifies the local police department.
In favor of the use of ShotSpotter, you are provided with a case, United States v. Rickmon, and the oral arguments, in which the majority of the Seventh Circuit Court of Appeals held that a ShotSpotter alert could be used to create reasonable suspicion. There also is a dissenting judge in the Rickmon case. You also are provided with an interview with the president of the company that devised ShotSpotter.
Concerns also have been raised about the use of ShotSpotter technology. To support this position, you are provided with an article that questions the use of ShotSpotter and its effectiveness, and Chief Judge Wood’s dissenting opinion in the United States v. Rickmon case. In the article, Mr. Goodman also questions the United States v. Rickmon opinion and raises several concerns about the ShotSpotter technology.
Read these documents and listen to the oral arguments, and then write an argumentative essay explaining your position on the issue of whether ShotSpotter technology is an effective tool that law enforcement should use and whether it should be used to create reasonable suspicion for an investigatory stop, also known as a Terry stop.
Complete the following for this assignment:
Read the following documents and listen to the oral arguments.Pro ShotSpotter
United States v. Rickmon, 952 F. 3d 876 (7th Cir. 2020).Click here to access the case. United States v. Rickmon Oral Arguments.Click here to listen to the oral arguments
Williams, C. (2017, May 10). ) How ShotSpotter locates gunfire, helps police catch shooters and works to ‘deformalize’ gun violence. Weblog post. Washington Post – Blogs , Washington: WP Company LLC d/b/a The Washington Post. Click here to access the article.
Questions ShotSpotterGoodman, B. (2021). ShotSpotter – The New Tool to Degrade What is Left of the Fourth Amendment, 54 UIC L. Rev. 797.Click here to access the article. United States v. Rickmon, 952 F. 3d 876 (7th Cir. 2020) (dissenting opinion)Click here to access the dissenting opinion in the Rickmon case. (Only list the dissenting opinion here, if possible). Summarize the key legal points of the Rickmon case and the benefits of ShotSpotter technology.
Summarize the key legal and privacy concerns discussed by the Goodman article and Chief Judge Wood’s dissenting opinion in the Rickmon case.
Write an argumentative essay supporting your position relating to those issues raised by the United States v. Rickmon case and the Goodman article. IndicateWhether you agree with the majority opinion or the dissenting opinion in the Rickmon case,
Whether you agree or disagree with the Goodman article.
Discuss your own ideas about ShotSpotter technology, how it should be used by police departments, and any constitutional concerns that you may have.
Explain your position in detail.
For additional background and insight into the ShotSpotter technology and constitutional issues, see
Gecas, A.S. (2016). GUNFIRE GAME CHANGER OR BIG BROTHER’S HIDDEN EARS?: FOURTH AMENDMENT AND ADMISSIBILITY QUANDARIES RELATING TO SHOTSPOTTER TECHNOLOGY. 2016 U. Ill. L. Rev. 1073.Click here to access the article.
Be sure to cite all references in APA format.

Berkowitz and S.M. I. Cases on Pages 393 and 400! TEXTBOOK REQUIRED: CRIMINAL LAW 12 Ed. by JOEL SAMAHA
Thomason Seven Steps Case Brief Format
A Case Brief is a shorten version of a real case. Steps 2-7 should be labelled!
1. Write the name of case and year decided by court, and always underline!
2. Write 2-3 Paragraphs of Facts in the case. (Who, What, When, Where, How, and Why).
3). Write the Criminal Law Issue, or legal question before the court. (ONE Question)
4. Answer the Criminal Law Issue as the court answered. (Yes or No)
5. Court Opinion (Write 1-3 Paragraphs reasons court gave for deciding case the way case was decided).
6. Dissent Opinion) Write a few sentences on what judges who disagreed with Court Opinion said.
7. My Comments. Your personal views on the case.

Berkowitz and S.M. I. Cases on Pages 393 and 400!
Thomason Seven Steps Case Brief Format
A Case Brief is a shorten version of a real case. Steps 2-7 should be labelled!
1. Write the name of case and year decided by court, and always underline!
2. Write 2-3 Paragraphs of Facts in the case. (Who, What, When, Where, How, and Why).
3). Write the Criminal Law Issue, or legal question before the court. (ONE Question)
4. Answer the Criminal Law Issue as the court answered. (Yes or No)
5. Court Opinion (Write 1-3 Paragraphs reasons court gave for deciding case the way case was decided).
6. Dissent Opinion) Write a few sentences on what judges who disagreed with Court Opinion said.
7. My Comments. Your personal views on the case.

Submit the Berkowitz and S.M. I. Cases on Pages 393 and 400!
TEXTBOOK REQUIRED: CRIMINAL LAW 12 Ed. by JOEL SAMAHA
Thomason Seven Steps Case Brief Format
A Case Brief is a shorten version of a real case. Steps 2-7 should be labelled!
1. Write the name of case and year decided by court, and always underline!
2. Write 2-3 Paragraphs of Facts in the case. (Who, What, When, Where, How, and Why).
3). Write the Criminal Law Issue, or legal question before the court. (ONE Question)
4. Answer the Criminal Law Issue as the court answered. (Yes or No)
5. Court Opinion (Write 1-3 Paragraphs reasons court gave for deciding case the way case was decided).
6. Dissent Opinion) Write a few sentences on what judges who disagreed with Court Opinion said.
7. My Comments. Your personal views on the case.

Chapter 10 discusses the difficulty we might experience when we like items which have problematic creators/owners.
Chapter 10 starts with Chick-fil-a…let’s add a bit more to that debate. Read the following…
https://www.usatoday.com/story/news/nation/2024/03/13/chick-fil-a-owner-stacy-lee-austin-arrested-child-sex-charge/72954361007/
https://www.businessinsider.com/chick-fil-a-viral-tweet-racially-insensitive-apologizes-2022-9
https://www.nbcnews.com/news/us-news/chick-fil-says-tweet-seemingly-referencing-black-community-was-poor-ch-rcna47215
In the discussion below, justify eating at the chick-fil-a in the HUB based on the arguments presented in Chapter 10.

READING ASSIGNMENT#10–Chapter 10: VIOLENCE CRIME
Define Chapter Key Terms/Short Answer Questions
Possible Points: 50
*********IT IS IMPERATIVE THAT YOU DEFINE TERMS FROM THE REQUIRED
TEXT FOR THIS COURSE WITH NO EXCEPTIONS!!! PUT YOUR NAME AND G-NUMBER ON
THE ASSIGNMENT. PLEASE USE THE DEFINITIONS FOUND IN THE REQUIRED TEXT
FOR THIS COURSE AND MAKE SURE YOU DO NOT CHANGE THE ORDER OF THE TERMS
ANY DEVIATION FROM THIS YOU WILL RECEIVE A “ZERO”.) NUMBER YOUR TERMS.
PUT YOUR NAME AND G-NUMBER ON YOUR ASSIGNMENT.
DEFINE THE FOLLOWING TERMS AND ILLUSTRATE THEM WITH SCENARIOS. IF YOU
DO GIVE A SENANORI FOR EACH TERM, YOU WILL NOT GET CREDIT. USE
SENARIOS, NOT EXAMPLES.
CHAPTER KEY TERMS:
Instrumental Violence
Expressive Violence
Cycle Of Violence
Violentization Process
Crusted Over
Subculture Of Violence
Disputatiousness
Gang Rape
Serial Rape
Acquaintance Rape
Date Rape
Marital Exemption
Marital Rape
Statutory Rape
Romeo And Juliet Law
Virility Mystique
Narcissistic Personality Disorder
Consent
Aggravated Rape
Shield Laws
Murder
Premeditation
Felony Murder
Second-Degree Murder
Deliberation
Manslaughter
Nonnegligent-Manslaughter
Involuntary Man-Slaughter (Negligent Manslaughter)
Feticide
Infanticide
Filicide
Eldercide
Serial Killer
Mass Murder
Child Abuse
Neglect
Sexual Abuse
Relational Aggression
Acquaintance Robbery
Hate Crimes
Thrill-Seeking Hate Crimes
Reactive (Defensive) Hate Crimes
Mission Hate Crimes
Retaliatory Hate Crimes
Workplace Violence
Sufferance
Stalking
Required Text:Siegel, Larry. (2019). Criminology: The Core 7th & 8th Editions. Cengage: Boston, MA.

STOP THE VIDEO @ 29:30 SEC
View the Movie Nothing Cuts Deeper
In the video, “Criminal Justice: Nothing Cuts Deeper” a young girl, Denise Moore, is robbed and slashed across the face by an unknown assailant. After the altercation, Denise Moore identifies her attacker to be Jesse Williams. The film portrays the entire process of the criminal justice system.
The movie is 1 hour and 30 minutes. Viewer Discretion is Advised
The video contains graphic depictions of violence and profanity. Any given movie may have realistic and disturbing portrayals of crime and violence.
Learning Outcomes
Analytically view the video and recognize the construction of crime and justice (e.g., police, attorneys, judges, courts, and detention facility).
Demonstrate a general understanding of critical terms and concepts relating to crimes, arrest, criminal, and court procedures.
Demonstrate an enhanced ability to employ evidence/information in conducting a comprehensive analysis of an issue or problem.
Provide oral and written communication skills with particular emphasis on persuasive argumentation regarding criminal and court procedures
Instructions
Observe and evaluate a movie and alleged crimes.
Track crimes from initial investigation/arrest through the arraignment and probation stages.
Start and stop the movie to address each stage of the arrest.
Evaluate, assess, problem solve, and write a response to each stage of the investigation.
Read the definition of each procedural stage and write a reflection based on the criminal incident and stage of criminal and court proceedings.
Upload a comprehensive written response to all questions.
Upload a video reflection (5-7 minutes from the first 30 minutes) regarding your overall perspective of the criminal incident.
Part One
Pre-arrest Investigation: A pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made. Law enforcement investigates whether a crime has occurred and whether an arrest should be made. If law enforcement determines that the evidence uncovered during pre-arrest investigation reveals that a crime was committed and a suspect is identified, law enforcement may arrest the suspect or, depending upon the jurisdiction, present the investigation results to the prosecuting attorney. If the jurisdiction is one in which the prosecuting attorney becomes involved pre-arrest, the prosecuting attorney generally decides whether and what charges to file; only after such determination does an arrest take place. (Discuss Alternatively, after an investigation, law enforcement may determine that there is insufficient evidence to pursue the matter, and no arrest is made. Discuss how the Police became aware of the alleged crime and discuss any evidence at the crime scene. Discuss if you think the criminal investigators possessed or did not possess adequate probable cause for an arrest. Discuss your thoughts about Jessie agreeing to go to the precinct. Do you think Jessie’s outcome would have been different if he exercised his 5th Amendment Rights earlier? Later the prosecutor visits the crime scene with the investigator. Do you think this helps the prosecutor to get a better perspective of the case by visiting the crime scene? Explain. Photo Lineup: A presentation of photographs to a victim or witness of a crime. A photo lineup, also known as a photo array and or photo display, is a procedure used by law enforcement personnel to discover or confirm the identity of a criminal suspect. Generally, a police officer shows a set of photographs to a victim or witness and asks whether he or she recognizes one of the persons in the photographs as the perpetrator. Identification of a suspect can be used to place the suspect under arrest, and the act of identification may be used later as evidence in the prosecution of the defendant. A lineup is different from a show-up in that a lineup requires the witness to identify the suspect from a group of people while a show-up is a one-on-one identification. A photographic identification or commonly known as a photo array is the least reliable form of identification The Supreme Court has ruled that the photo lineup should not be unduly suggestive (Manson v. Brathwaite, 432 U.S. 98, 97 S. Ct. 2243, 53 L. Ed. 2d 140 [1977]). That is, a photo lineup should not be conducted in such a way as to highlight the suspect and elicit an identification of the suspect. If a photo lineup is unduly suggestive, any affirmative identification of a suspect may be excluded from her or his subsequent prosecution. Police officers typically avoid suggestive photo lineups because they are interested in apprehending the right person. Toward this end, they may ask a witness to look at more than one photo lineup containing the suspect to see if the witness can identify the suspect more than once. Each photo lineup may contain as many as six or more photographs of different persons. Furthermore, to be effective, a photo lineup should contain pictures of persons who look like the suspect. For example, if police suspect a Caucasian male and a witness remembers seeing a blond, light-skinned male, the photo lineup will not consist of five pictures of dark-haired, dark-skinned males and one picture of the suspect. Discuss the circumstances regarding identifying the suspect in this case. Do you have concerns regarding the victim identifying the person of interest? Discuss what you thought of the Criminal Investigators’ ability to get the person of interest to agree to a Photo Line Up and the victim to agree to the photo lineup. Jessie asserts that the people in the lineup looked nothing like him, after viewing the lineup do you think the lineup results were flawed; and if so should they be suppressed because it may have violated Manson vs Brathwaite? Explain Arrest: An arrest occurs when the individual accused of a crime is taken into custody by law enforcement. Generally, an arrest may be made in two ways: 1) if a law enforcement officer arrives at the scene of the crime and determines that there is probable cause for an arrest, the officer can take a person into custody immediately, or 2) the officer may arrest according to an arrest warrant. The requirements for making a proper arrest and obtaining a warrant vary jurisdiction-to-jurisdiction and often depend upon whether the crime at issue a felony or a misdemeanor. Discuss the probable cause for the arrest, the Miranda Warning, and the suspect’s reaction to being arrested and taken to jail. Alibi: A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred. Discuss and or reflect on the defendant’s Alibi that was provided to his Public Defender. Do you think the mother was being truthful regarding her son’s Alibi? Explain. Do you think she was lying and covering up for her son? Parole: A conditional release of prisoners before they complete their sentence. Paroled prisoners are supervised by a public official, usually called a parole officer. If paroled prisoners violate the conditions of their release, they may be returned to prison. For example, paroled prisoners often must get and keep a job, avoid drugs and alcohol, avoid their victims, not commit any crimes, and report regularly to their parole officer. If a paroled prisoner violated his parole by violently assaulting someone, he would probably be returned to prison. If he ran a stop sign, he probably would not be. Discuss the comments regarding Parole Rap Sheet: A record kept by law-enforcement authorities of a person’s arrests and convictions. Release on Recognizance or Bail: A release on your recognizance (ROR), also known as an own recognizance (OR) or personal recognizance (PR), is a written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity while out on a ROR. Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting for a day or longer to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can often get out of jail quickly by paying the amount set forth in the stationhouse bail schedule. The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. This means that bail should not be used primarily to raise money for the government; it’s also not to be used to punish a person for being suspected of committing a crime. Remember: The primary purpose of bail is to allow the arrested person to remain free until convicted of a crime and at the same time ensure his or her return to court. (For information on what happens if the defendant doesn’t show up, see Bail Jumping.) So much for theory. In fact, many judges set an impossibly high bail in particular types of cases, knowing that the high bail will effectively keep the suspect in jail until the case is over. (The U.S. Supreme Court has indicated that pretrial detention on the basis of dangerousness is not per se unconstitutional (United States v. Salerno, 481 U.S. 739 (1987). Discuss your opinion on the defendant’s rap sheet and if he should have been released on ROR Do you think it’s fair that the poor generally can’t afford to pay bail compared to the wealthy? Initial Appearance or Bond Setting: Generally, as soon as practicable following arrest, the accused must be brought before a court. At the initial appearance, the court will inform the accused of the charges and advise the accused of his or her rights to counsel and remain silent. The defendant may be released at the initial appearance. Discuss your overall perspective of the Bond setting and Bail Grand Jury: (Not all jurisdictions have grand juries) A felony case is usually commenced by grand jury indictment or a preliminary hearing, which is discussed below. If instituted by a grand jury, the prosecutor goes to the grand jury to ask the grand jury to indict an accused. A grand jury is a group of private citizens who conduct proceedings, generally with the grand jury members sworn to secrecy. The proceedings consist of the prosecutor presenting evidence and providing legal advice to the grand jury. As part of its investigation, the grand jury has the power to compel testimony, including the testimony of a crime victim. After hearing the evidence presented by the prosecution, and through its investigation, the grand jury votes on whether the case should be indicted or dismissed. SC Grand Juries do not resemble the Grand Jury in the movie. This Grand Jury looks resembled an actual court case. SC Grand Juries are a lot more informal. What are your thoughts on the Grand Jury proceedings and their ruling? Do you think the defendant using crack was relevant to this case? Explain Preliminary Hearing: A felony case may also be commenced by a preliminary hearing held within a reasonable time of the filing of the information. If commenced by a preliminary hearing, the defendant has the right to be present and to be represented by counsel at such hearing. At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant. This evidence can include testimony, including that of the victim. Generally, limited discovery is available to the defendant at this stage and, during the presentation of evidence, the defense is generally allowed to cross-examine any of the state’s witnesses, including the victim. If the court finds there is probable cause to believe a felony was committed by the defendant, the defendant is “bound over” for trial. A defendant may be released at this stage. If the court finds there is no probable cause to believe a felony was committed by the defendant, the court must dismiss the case and release the accused. Arraignment: After charges have been brought, whether, by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released. Discovery & Motion Practice: Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdiction’s rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim. In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice. “Motion” is the name for the papers filed with the court asking it to do something in the case. Motions by the defense may include motions to dismiss the indictment, suppress evidence, or introduce specific evidence at trial such as “rape shield” evidence. Motions by the state may include a request for reciprocal disclosure or a request for the defendant to disclose alibi or psychiatric evidence. A crime victim’s attorney may also bring motions asserting the victim’s rights. These may include motions to quash a subpoena, to protect a victim’s identifying information, or to preclude the press from certain hearings. Motion to Suppress Evidence At times, overzealous and unwarranted police action can result in evidence being obtained against you that is not relevant to the case, that is obtained illegally, or that should not have been obtained in the first place. When this happens, your lawyer can file a motion to suppress the evidence that was obtained in this manner. Oftentimes, this motion can be written and sent to the court. However, at times your lawyer and the prosecution may need to have a suppression hearing in front of the judge to determine the next proper course of action. The judge makes the final ruling in these hearings. If your lawyer is successful in suppressing evidence, you may see different charges, or the prosecution may not be able to hold a case. Motion for Dismissal A motion for dismissal is a tactic your lawyer can employ to get the court to dismiss the charges completely. This is often used when a suppression motion removes key evidence, or when the pre-trial proceedings have been delayed, effectively delaying the trial. On top of this, the prosecutor may choose to dismiss charges based upon further plea bargaining or examination of the case. Once dismissed, you are free to go and move straight on to the expungement process. Plea Bargaining & Entry of Plea: Instead of going to trial, a defendant may plead guilty under a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or another charge, in return for a concession from the prosecutor. Typical concessions include 1) dismissal of other charges; 2) recommendation of a particular sentence or agreement not to oppose defendant’s request for a particular sentence; or 3) recommendation for, or agreement on, another appropriate disposition of the case. After a plea agreement has been reached, the plea is presented to the court, and the court may do one of three things: 1) reject the plea agreement; 2) discuss alternatives to the plea agreement that are acceptable to the court; or 3) accept the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea. Continued Plea Bargaining During this period, your attorney can also continue to plea bargain with the prosecutor. In certain circumstances, you may be looking at reduced charges if an agreement is reached, If so, a guilty or no contest plea may put things in your favor. Remember: a trial can be a long, grueling, and expensive process for you, for the courts, and for prosecutors. The prosecution may want to avoid letting a trial take place and can settle for lower, or dismissed, charges if the situation continues. Do you think the defendant made the correct decision not to plea bargain, based on his rape sheet and the charge he is facing? Trial: A trial is the proceeding during which evidence is presented and guilt is determined. A trial is held before a jury or, if the defendant waives the right to trial by jury or for certain misdemeanors, before a judge, which is called a bench trial. Generally, a trial proceeds as follows: Voir dire: The process by which a jury is questioned and selected. In a capital case, voir dire is split into two phases: the death qualification phase and the general voir dire phase. Guilt Phase: The guilt phase generally begins with the prosecutor’s opening statement. The defense then has the option to make an opening statement or, in some jurisdictions, reserve its opening statement for the beginning of its case-in-chief. The prosecutor presents the state’s direct case after which the defense may move the court to acquit, arguing that there is legally insufficient evidence to convict. If the defense motion is denied, the defense presents its case-in-chief. Following the defense case, the prosecutor and defendant may each present a rebuttal case. The defense may then again move for an acquittal. If the defense motion is denied, closing arguments are presented by each side; the order of these is jurisdiction-specific. Following closing arguments, the case will be submitted to the jury or bench for deliberation and the return of a verdict. Public Defender: is appointed by the Court to represent defendants in criminal court who are financially indigent. All Public Defenders are attorneys who have been licensed to practice law in the state of South Carolina. There are more than 200 Public Defenders serving those in need within our state. For more information and for assistance, contact the Public Defender’s office for the county where you have been charged with the crime. Do you think it was a good idea for the Defense Attorney not to introduce the Alibi to the Grand Jury? Why or Why not. Stop the Video at 29 minutes 30 seconds.
Upload your Comprehensive Written Response.
STUDY CENTER BELOW –
EXAMPLES BY CATEGORY
The purpose of this assignment is to aid in reinforcing reading comprehension of chapter material, text assignments, and course objectives, and to better prepare you for your exams. This is a Multiple Choice and True-False assignment. Please complete them before the deadline expires. This is considered a Numerical Graded Assignment. If you submit an assignment and you do not meet the minimum pass standard. You will be allowed two attempts to “pass” the assignment.

1. Summarize the issue Predictive Policing
2. Create an argument supporting your assigned pro or con. Here, you need to justify why the issues is either good (pro) or bad (con) in the criminal justice system. (one paragraph)
3. Explain how this issue does or does not impact under-served and/or underrepresented members of the community. Make sure your explanation aligns with the position you are assigned to take for this discussion. (One paragraph)
Make sure to use the article in the files as a source.