Criminal Procedure ook Review
Criminal Justice Criminal

John Ferdico's Criminal Procedure for the Criminal Justice Professional

The purpose of this work is to thoroughly and comprehensively review the work of John Ferdico entitled "Criminal Procedure for the Criminal Justice Professional.

According to Ferdico the law of criminal procedure can be described as "rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens." Chapter One in Ferdico's "Criminal Procedure for the Criminal Justice Professional is in relation to the U.S. Constitution and the Individual Rights expressed in the ill of Rights. Ferdico states that these are the common working within every government that is not "totally authoritarian or anarchistic."

Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual. In other words policies of…...

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Bibliography:

Deborah E. Larbalestrier (1986) Paralegal Practice and Procedures: A Practical Guide for the Legal Assistant Second Ed. Prentice-Hall, Inc. NJ

Frank v. Mangum, 237 U.S. 309, 335, 35 S. Sup. Ct. 582-590 (59L.Ed .96 9) Findlaw: Case Search Engine

Ferdico, John (2004) Criminal Procedure for the Criminal Justice Professional

Findlaw: Caselaw Search Engine

d.). Armed robbery is an offense carried out while in possession of a drawn weapon like gun despite of whether it was fired or not. Plea negotiation or bargaining is usually conducted in order to lessen trial expense and involves the provision of a lesser sentence by the prosecutor in exchange for admission of guilt. Pre-trial conference involves discussions between the defense, prosecutor, and judge to ascertain the need for the case to go to trial. No Contest Plea is where the defendant accepts punishment without the formal admission of guilt while Not Guilty Plea is the claim of innocence by the defendant and Guilty Plea is admission of guilt by the defendant.
Conclusion:

Similar to all criminal cases, Mr. Crook's case goes through various steps in the American Criminal Justice System. The legal authority that is used in presenting the advice to Mr. Crook is based on my knowledge in law…...

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References:

"Arrest Procedures." (n.d.). Steps in a Trial. Retrieved August 19, 2012, from  http://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/arrestprocedure.html 

Cantrell, M. (2011). Criminal Process: What is the Criminal Process? Retrieved August 19,

2012, from  http://www.markcantrellattorneyatlaw.com/criminalprocess.html 

"Connick v. Thompson." (n.d.). Arizona Prosecuting Attorneys' Advisory Council. Retrieved from Arizona State Government website:  http://apaac.az.gov/specialized-topics/topics/category/100-2012-apaac-summer-conference?download=994%3Awho-is-watching-the-watchman-part-4

The defendant is presented with a written accusation dealing the facts of the crime and his or her involvement in the crime. The written accusation may be presented by a grand jury, a prosecutor or a police officer. If the defendant enters a not guilty plea, a date for trial is set. Bail is either set or the defendant is required to be detained, kept in jail until the trial. Bail could range from being "released on your own recognizance," in other words, you are on your honor to appear at the next hearing, to many thousands of dollars. When a higher amount of bail is set, a bail bondsman is often called to provide the bail payment in exchange for a fee and a lien against property, as collateral, of the defendant. If bail is posted, the defendant is released but must show up at the next hearing,…...

4. Identify what issues the judge would take into consideration when setting bond for John

Judges consider a number of factors as well as issue prior to setting bail. These factors include but they are not limited to the severity of the offense committed, John's ties to the community, his criminal record as well the probability of his absconding. The fact that John does not have any prior arrests could work in his favor. The judge may also want to determine whether John poses any danger to the community. In this scenario, John does not pose a major security threat to the community. This also enhances his chances of being granted bail. There are some grounds on which individuals can be released without having to provide bail. This is more so the case if such individuals happen to have close ties with the community. It is important to note that in…...

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References

Neubauer, D.W. & Fradella, H.F. (2010). America's Courts and the Criminal Justice System (10th ed.). Belmont, CA: Cengage Learning.

Samaha, J. (2011). Criminal Procedure (8th ed.). Belmont, CA: Cengage Learning.

Siegel, L.J. (2008). Criminology (10th ed.). Belmont, CA: Cengage Learning.

These may include dismissals and mistials, as well as appeals. The chapte details some of the notional elements aound double jeopady, including the situations in which same offense can be defined as such.
Essay

Gilbet Law Summaies on Ciminal Pocedue is anothe excellent book fom the Gilbet Law Summaies seies. The fist thing that needs to be mentioned is that this book comes as close as possible to being an ovely compehensive and exhaustive eview of ciminal pocedue. Although moe educed in size if compaed to some of the othe books in the seies, this manages to encompass notions anging fom competency to stand tial to the ight to confont witnesses and fom peliminay heaings to the applicable elements in case of a juvenile offende. Nothing seems to be left out, including some of the moe thony issues, such as the govenment's obligation to disclose infomation, which is also keenly analyzed.

As…...

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references to Valid Warrantless Searches, the Approach to Admissibility of Defendant's Confession or the Summary of Preliminary Hearings. All such charts are in fact a readable summary of the given element for discussion and something that comes in very handy when you are dealing with a big amount of difficult information that needs to be understood and processed by the reader. Some of these summaries are also very graphically intuitive, such as the chart with the components of the confrontation right.

In the same category of learning instruments, one could also include the capsule summary, which is, in fact, a more detailed summary of each of the chapters' content. This is important, because it helps the user better understand the type of information that is included in each place in the book and also determine whether the respective information, in detail, is what is required for his or her particular moment of study.

It is also a reasonably well detailed informational capsule: for example, the capsule summary for the chapter with constitutional principles and the bill of rights starts with a definition and brief description of the amendments that are important for criminal procedure. This is helpful as a summary of the summary, a way to have a very synthetic presentation of the information in the book at a very introductory stage.

An additional point should be made on the organizational structure of the book and the way each chapter seems to flow from the precedent one in a very logical and useful manner. This is especially relevant in some of the chapters in the middle of the book that detail the pretrial, trial and post-trial (punishment) proceedings.

All this is really helpful both in terms of providing assistance for the reader in identifying the relevant parts that he or she may want to skip right through to, as well as simply allowing the information to be logically structured and contained in a manner that is much easier to understand and to take in by the reader.

Criminal Court System
Evolution and History of the Criminal Justice System:

When the British first colonized the Americas, they adopted their centuries' old "oyal Privy Council" as a judicial system, as a separate branch of government.

Prior to the American evolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method for mediating disputes between citizens of different colonies.

Between 1660 and 1775, the British doctrine of "Disallowance" fulfilled the role of Appellate eview, as we know it within the context of our contemporary judicial system, hearing appeals of lower (colony) court decisions. The disallowance tribunal also decided issues of conflict between the individual colonies, in the manner that modern American federal (and other appellate review) courts adjudicate contemporary issues between individual American states. (O'Connor, p.206)

In 1787, the United States Constitution provided…...

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References

Ferdico, J.N. Criminal Procedure for the Criminal Justice Professional

8th Ed. Belmont, CA: Wadsworth (2002)

O'Connor, S.D. The Majesty of The Law: Reflections of A Supreme Court

Justice; New York: Random House (2003)

Crime Control/Procedures
The term "play in the joints" refers to flexibility within the law that allows for a certain amount of discretion to occur within the prosecution and judge. Even though there is discretion within the manner in which the Judge may interpret sentencing, procedure and rulings, there are still formal rules of law that provide for a basis for upholding the Constitution. In a given situation, for example, the Judge may have the discretion to put someone on parole, or sentence them from x-y months/years. Depending on the circumstances of the offense, and the offender's reputation, prior record, attitude of remorse, etc., a judge may "play with the" rules to a certain extent. Another way of thinking about this topic is that since individuals are different, there may be different circumstances that caused the commission of a crime, there may be levels of that crime (e.g. stealing a loaf of…...

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Works Cited

Drizin, S., & Leo, R. (2003-4). The Problem of False Condessions in the Post-DNA World. North Carolina Law Review, 82(2), 891-4.

Kassin, S. (2008). Confession Evidence: Commonsense Myths and Misconceptions. Criminal Justice System, 35(1), 1309-22.

Oberholtzer, J. (2012, July 17). Stop-And-Frisk by the Numbers. Retrieved from Forbes:  http://www.forbes.com/sites/jasonoberholtzer/2012/07/17/stop-and-frisk-by-the-numbers/ 

Olson, S. (2001, October 24). Patriot Act Draws Privacy Concerns. Retrieved from CNET Networks:  http://news.com.com/2100-1023-275026.html

The need for mental competency was most recently addressed by the Supreme Court in Indiana v. Edwards, a case that helped to reinforce these fundamental constitutional rights for mentally ill defendants. The research also showed, though, that the criminal justice system is faced with some profound challenges in conducting mental health assessments in a rapid manner due in large part to the multifaceted evaluation approaches that are involved as well as limitations on the availability of law enforcement resources. In the final analysis, though, establishing the fitness for trial for mentally ill defendants early on is in everyone's best interests, because it helps divert these individuals from the criminal justice stream to one where the healthcare resources needed to help these individuals regain competency can be achieved and scarce resources can be better applied elsewhere in the system.
eferences

Kertzman, S., Grinspan, H., Birger, M. & Shliapnikov, N. (2006). Simple real-time…...

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References

Kertzman, S., Grinspan, H., Birger, M. & Shliapnikov, N. (2006). Simple real-time computerized tasks for detection of malingering among murderers with schizophrenia.

The Israel Journal of Psychiatry and Related Sciences, 43(2), 112-114.

Larrabee, G.J. (2005). Forensic neuropsychology: A scientific approach. New York: Oxford

Mathias, D. (2008). Difficult people. Criminal Law Blog Developments in Leading Appellate

Criminal Procedure, Section 3051, Professor Passante
4th Amendment Paper

Hypothetical Fact Pattern

Larry did not violate Kathy's Fourth Amendment rights. The Fourth Amendment does not confer a general right of privacy. Instead, it specifically protects people from certain types of government intrusion. Therefore, before one can claim that a Fourth Amendment violation has occurred, one first has to determine whether the government was responsible for the intrusion. Larry is a private security guard. There is no suggestion that Larry is employed by the government in any capacity. Moreover, the harm that Kathy experienced was purely a civil harm; her employer did not call the police but simply fired Kathy. There was no government action; therefore there was no Fourth Amendment violation.

Hypothetical Fact Pattern

Google did not violate the Fourth Amendment by providing Tiny's account information and digital copies of his emails. Google is not a government entity. While it could have refused to turn…...

Constitutional Violations
Two types of remedies that protect citizens against governmental wrong doing and ensure the projections of the Constitution are the Exclusionary Rule and Defense against Entrapment. The Exclusionary Rule means that any evidence that is illegally obtained (without probable cause, etc.) must not be used when prosecuting defendant. The idea is that any issue, statement or evidence illegally obtained is "fruit of the poisoned" tree and denies Constitutional protections. The Defense of Entrapment rule allows the Court to dismiss a case against defendants who commit crimes because they were encouraged or enticed to commit them by law enforcement officers (amaha, 2008, pp. 335-6).

The five exceptions to the exclusionary rule are: 1) Collateral use allows illegally obtained evidence to be used in nontrial proceedings (bail hearings, preliminary hearings, etc.); 2) Cross-Examination may allow the prosecution to bring up illegally obtained evidence to impeach testimony; 3) Independent ource exlcusion allows for…...

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Sources (cited or consulted):

Enderle, Rob. (April 19, 2004). Fighting Terrorism Through Technology. Tech News

World. Cited in:  http://www.technewsworld.com/story/33460.html 

Olson, Stefanie. (October 24, 2001). Patriot Act Draws Privacy Concerns. CNET

Networks. Cited in:  http://news.com.com/2100-1023-275026.html

ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived with his mother, common-law wife, and siblings. hen the officers forced open the second floor door (Rochin's room) they found him sitting partially undressed on the side of the bed while his wife was lying beside him. On the night stand next to the bed the officers found two-capsules. hen the officers asked Rochin about the capsules, he grabbed them and put them in his mouth. Subsequently, trying to prevent him from swallowing said capsules, a struggle ensued, but the officers were unable to extract the materials. Rochin was then handcuffed and taken to a hospital. Once there, under the direction of the officers, the medical personnel forced…...

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WORKS CITED AND CONSULTED

Hubbar, P. (2006). Making Sense of Search and Seizure Law. Durham, NC: Carolina Academic Press.

Hudson, D. (2002). The Fourtheenth Amendment: Equal Protection Under the Law. Boston, MA: Enslow Publications.

Keith Jacobson v. United States, 503 U.S. 540 (U.S. Supreme April 6, 1992).

People vs. ROchin, 101 CA2D 140 (Caflironia Appellate Court Second District Division 3 December 12, 1950).

Due Process and Crime Control Models
One simply cannot look at contemporary criminal procedure policy without seeing clearly the undeniable role that due process and crime control models has had and been able to influence. For instance the Fourth, Fifth, Sixth and Fourteenth amendments to the Constitution have had an undeniable influence on the criminal justice system, mostly via the form of ground-breaking cases which have undeniably been able to shape the way that the system functions. Together the values which act as a foundation for the due process of law and the model of crime control offer benefits to society, individuals inside and outside of the system, and the greater criminal justice system as a whole. In America, the dynamics of the due process of law zero in on the necessity of protecting legal and illegal individuals who function within the system and in society as a whole. "The…...

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References

Limbaugh, S. (2010, August 2). Due Process and Crime Control. Retrieved from yahoo.com:  http://voices.yahoo.com/due-process-law-crime-control-6516692.html 

Misha, Y. (2005). Analysis of the Crime Control and Due Process Models. Retrieved from Yahoo.com:  http://voices.yahoo.com/analysis-crime-control-due-process-models-11108.html?cat=37 

Perron, B. (2013). Crime Controls and Due Process Models. Retrieved from defenseinvestigator.com: http://www.defenseinvestigator.com/article10.html

The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).

Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.

The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of all the…...

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References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Century. Hoboken, NJ: Prentice Hall

Criminal Procedures
The Bible and criminal procedures

There are several instances where the Bible speaks about the criminal procedures as well as justice in the society. These verses in the Bible were given as guidelines towards ensuring the protection of the innocent from undue punishment and holding the criminals to account for their crime. The verses given in the prompt affirmed my belief and conviction of how the criminal procedures should operate in a civilized society.

In the first instance, the prompt outlines the significance of having witnesses in the course of handling a case. I am in agreement two scriptures on the importance of corroboration by witness testimonies and the need for a second witness to act as a validation or affirmation of the events that led to the crime as accounted for by the first witness in order to fairly convict an individual. Deuteronomy 17:6 further gives higher stakes on witnesses…...

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References

Cornell University law School, (2015). Self-Incrimination. Retrieved February 24, 2014 from  https://www.law.cornell.edu/wex/self-incrimination 

New internation Version. Exodus 20:16.  http://biblehub.com/exodus/20-16.htm

Equal Protection:
Equal protection is a fundamental constitutional protection, that in modern times, guarantees the equal effect of law to all persons. In that regard, the Supreme Court has established specific suspect classes of individuals, such as membership in a minority race, whose rights to equal protection must be guarded most scrupulously, primarily because the need to do so has been more than adequately demonstrated by aspects of relatively recent American history.

According to criminologists and researchers who have conducted studies of the impact of criminal laws in general, and of capital punishment in particular, criminal defendants who are members of minority races (as well as those who are poor) are statistically much more likely to receive the death penalty in comparison with non- minority (and wealthier) criminals convicted of identical death-penalty-eligible offenses (Schmalleger, 2007; Zalman, 2008). This discrepancy suggests that capital punishment in the U.S. still violates one of the…...

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References

Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Bantam Books.

Friedman, a. (2005). A History of American Law. New York: Touchstone.

Kaveny, C. (2008). Justice or vengeance: is the death penalty cruel and unusual?

Commonwealth; Feb 18/08.

The Presumption of Innocence: A Cornerstone of the Criminal Justice System

The presumption of innocence is a fundamental principle deeply embedded in the criminal justice systems of many nations. It serves as a critical safeguard for the rights of individuals accused of crimes, ensuring a fair and impartial process. By recognizing the presumption of innocence, the system places the burden of proving guilt squarely on the prosecution, rather than requiring the accused to demonstrate their innocence.

Historical Origins and Philosophical Underpinnings:

The roots of the presumption of innocence can be traced back to ancient legal systems, including Roman law and English common law.....