Detainment Vs. Conviction Case Study

Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.

A detention is reasonable when the detaining officer can point to specific articulable facts that, under the totality of the circumstance, provide an objective basis for suspecting the particular person detained may be involved in criminal activity. (People v. Souza (1994) 9 Cal.4th 224.) As such, an investigatory stop based on mere curiosity, rumor or hunch is an unlawful seizure, even though the officer may be acting in good faith. (People v. Clair (1992) 2 Cal.4th 629.) Nonetheless, reasonable suspicion cannot be justified after the fact by evidence of criminal activity uncovered during the course of the detention. (People v. Gale (1973) 9 Cal.3d 788.) Moreover, mere proximity cannot be enough to create reasonable suspicion because proximity

“The Growth of Incarceration in the United States: Exploring Causes and Consequences” by Jeremy Travis,

Adversity is condition all humanity must preserve through, so people can find their true selves. Fighting adversity is concurrent to American society; but, the criminal justice’s usage of mass incarceration affronts this American idealism. Due to big business standing to gain from African American labor, the usage of mass incarceration is reminiscent to American slavery which encourages an inequality which society does not acknowledge.

The United States prides itself on having robust, deeply entrenched measures implemented across its core agencies, including the police and criminal justice system, to safeguard against wrongfully convicting people who, after further reflection, are factually found to be innocent. As citizens, we have been educated to trust, among other things, that our systems protect the notions that one is innocent until proven guilty and that prosecution must prove any charges beyond a reasonable doubt. Yet, wrongful convictions are more prevalent than we might think. In particular, the publicity of hundreds of cases over the last few decades has put a spotlight on this indisputable

4.) The Supreme Court held that Mena’s detainment had not violated the 4th Amendment in any way. Officers with a search warrant for unlawful contraband had outright authority to detain all occupants of the premises during the search due to potential risk to the officers; having Mena and others restrained while police searched the house for weapons and gang members was necessary for officer safety. The Court additionally held that the officers’ inquiring Mena about her legal status during her detainment didn’t violate the 4th amendment because the officers didn’t need to have reasonable suspicion to do so.

America has the highest incarceration rate in the entire world, surpassing countries like China, Russia, and the United Kingdom. Though the United States is home to roughly a small percent of the global population, it holds at least a quarter of prison inmates. And the decreasing rate of incarceration appears to be underwhelming in the circumstances of the last few decades. In his book, Mass Incarceration on Trial: A Remarkable Court Decision and The Future of Prisons in America, Jonathan Simon, who is a professor of Law at the University of California at Berkeley, explores the policies that led to the mass imprisonments rates through the stories of prison conditions in California. Simon examines California court decisions by using Brown vs

News reports daily of all of the many different crimes that has taken place. In today’s society, we depend upon the justice system. Criminal Justice is a big deal. The Criminal Justice system was put in place by the agencies and established by the governments to help control the crimes and apply penalties to those that violate the law. Many people feel that the criminal justice system is there to protect and serve while others feel that the criminal justice system fails them daily.

Jonathan Simon is a dean and law administrator, centering on the study of law and society at the UC Berkeley School of law. He’s best known for writing for his work on the role of crime and criminal justice in leading contemporary societies. Simon’s most recent work included a book called “Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America”, which was devoted to his mother, Marlene Bragman Simon. She was quite passionate towards serving to alleviate social problems and in search of social justice. Mass Incarceration on Trial gives a shocking impression towards Simon’s disagreement that the representation of a war on crime has converted entirely to the public existence in the United States. An issue in which I believe has gotten out of hand by the political candidates; especially when they regularly oath to be tough on crime for all the wrong reasons. Simon’s main claim is to demonstration that the causes of mass imprisonment and overall incapacitation has completely worsened in the prison community. Milestone cases in which the Coleman v. Wilson, Plata v. Davis, Coleman-Plata v. Schwarzenegger, and Brown v. Plata explored the main development in jurisprudence and glimmer of hope brought upon the protection of the Eight amendments. The cases that challenges California disciplinary

The hype around globalization and the negative impact of the social media have obscured discussion on the most immediate and pressing issues that need immediate attention in the U.S justice system. The number of incarceration in the United States beginning 1970 has swollen to all time higher (Walker et al., 2012). According to Binswanger et al. (2012), American judicial system has imprisoned 2.3 million of its populace, and these are more than any other country in the world. Davis (2007) mentioned ironically that the U.S jails a quarter of the world prisoners albeit it contains merely 5% of the global population. These statistics are mind boggling for a country that has opted to teach the world fairness, justice and equality.

Brandon M: Client reported that he did not go to jail this week for his 5 days again; this time because his public defender did not bring the paperwork they needed to process him to court on Friday as she was supposed to. Therefore, he should be going next week. This delay with going to prison has created more anxiety, than his usual, and the anticipation has him stressed about gaining employment then having to tell them he must take off a week. Being that he went to the job fair at the Double Tree, he has been active with that pursuit and hopes something happens for him soon since he does not have the rent money. The priorities he listed are to remain sober, get a job, obtain shelter, get through Treatment Court, and find happiness.

We do not now how many innocent individuals are currently imprisoned, but we have an idea of the number of people who have been exonerated of crimes for which they were convicted. The National Registry of Exonerations has identified 1491 men and women who have been exonerated from state facilities since 1989 in the United States (University of Michigan Law School, 2015). From 2005 to 2014, there was an average of 64 exonerations from state facilities per year, with exonerees serving an average of twelve years. The Innocence Project (2015), which takes cases in which DNA analysis can be used to prove a prisoner is innocent, has secured 329 post-conviction DNA exonerations and is actively working on 250-300 cases.

During the mid-1983, two-thirds of the states have executed the warrantless arrest law. Consequently, six states across the nation have enacted on the arrest of atrocities regarding a domestic disturbance. Meanwhile, In 1997, Oregon became the first state that enacted on warrantless arrest against the immorality of a domestic disturbance. A variable of states needs to legislate on the warrantless arrest law regarding a domestic disturbance for the safety of the victims. Legislating on the warrantless arrest law would often gain the trust of victims to call law enforcements for assistance during a domestic

One of the key elements of any courtroom show is whether or not the defendant was convicted for their crimes. Close to Home was a prime example of an offender who was found guilty and therefore sentenced appropriately. This reiterates the crime control model because the public wants to see that guilty people are being sent to jail. It appeared that all of the legal professions in the show seemed to concur the defendant was guilty. Even the defence attorney believed in the guilt of his client. Therefore, the audience felt that the conviction was justified. The crown stated before the trial that they needed to crack down on crime and needed all hands on deck for this particular case which reiterates the crime control

Houston, your thread is beautifully written. Prosecuting attorneys are the governments’ advocate, thus they do enjoy absolute immunity from civil law suits. For example if a defendant has a conviction overturned on appeal, they cannot sue the prosecutor for malpractice. The objective of the prosecution in a criminal case is "not that the prosecution shall win the case, but that justice shall be done, in addition to reducing crime (Neubauer & Fradella, 2014. p. 167.). Due to human imperfection, a prosecutors’ agenda may reflect a need for a high conviction rate which could be the result of unethical behavior including but not limited to minimizing justice (e.g., plea bargains) with an attitude that some justice is better than none.