Lesson 1 Investigation Assignment

Lesson 1 Investigation Assignment

Isai Hosana Ake

Alvernia University

CJ 302: Judicial Process and Procedures

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Abstract

The paper presents summary and answers to the objectives listed at the beginning of chapters one

and two in the textbook: Procedures in the Justice System (11th ed.) by Robertson, C., Wallace,

H. & Stuckey, G. (2016).

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The Constitutional Basis for Criminal Procedure

The criminal procedure is established as a set of rules that guides the how the criminal

justice system deals with or handles the processing of individuals who are accused of crimes

(Worrall & Moore, 2011). The Fourth, Fifth, Sixth, Eight, established the basis of criminal

procedure, which conforms with the provisions in the Bill of Rights. Such provisions are the

guarantee of due process, the right to legal counsel, the right to confront witnesses, equal

protection, the right to a trial by jury, and the right to not testify against one’s self. According to

Worrall & Moore, “Criminal procedure emphasizes procedure over substance. Constitutional

guidelines pertaining to search and seizure, confessions and interrogations, due process, and the

like are all-important in criminal procedure” (Worrall & Moore, 2011,). The judicial system is

tasked with the fair and just treatment of all suspected, arrested, and charged individuals.

The Concept of Judicial Guidance

The concept of judicial guidance are the set of guidelines or principles that apply to all

judges in the justice system, which are designed to enable them to ethically and fairly decide and

conduct issues to help the public understand the role of the judiciary and their professional

standards (Geyh et al, 2020). Judicial guidance promotes the highest standards of judicial

behaviour and provides a framework for the conduct and the function of the Judicial Council.

Goals of the Criminal Justice System

The goals of the Criminal Justice system are stated as follows;

i. Preventing crime;

ii. Review the legality of preventive and suppressive measures;

iii. Controlling crime;

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iv. Suppression of criminal conduct by apprehending offenders for whom prevention is

ineffective;

v. Ensuring justice;

vi. Proper disposition of those who have been legally found guilty;

vii. Maintenance of peace and order;

viii. Protection of members of the society;

Justice

Justice means giving each person what he or she deserves or, in more traditional terms,

giving each person his or her due. It is the notion that things turn out fairly, equitably… both for

individuals and for society as a whole. Justice has nothing to do with the primitive notions of

vengeance and malevolence, but on victim compensation - usually financial. When both sides are

restored (regarding the specific aggression) a case can be fully settled.

The Concept of Rule of Law

The concept of “rule of law” is a constitutional concept that highlights and emphasizes

the supremacy of law over man as either a political theory. It lays down the fundamental

requirements of the law. The basic of rule of law is that everyone must follow the laws, and no

one is above it. Once you break the law you can be punished for only that wrongdoing. It is the

understanding that government and its officers are subject to the same laws as anyone else as a

procedural device.

Classifications of Crimes

Felony: The jury had the ability to send a person guilty of felony to prison for 1 to 7 years. The

accused person can spend up to 1 year in jail and pay up to $5,000 fine.
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Misdemeanor: A person found guilty of misdemeanor can be sent to jail but not prison. They

can spend up to 1 year in jail and pay up to $5,000 fine.

Infraction: The only punishment for a person guilty of infraction is a fine up to $5,000.

The Bill of Rights

The Bill of Rights are designed to protect the accused individual from the random

tyrannical authority persons in public office and other high places, maintaining that every

individual accused of a crime is entitled to a fair trial. It is based on the notion that it is more

sensible to set several guilty persons free than to convict one innocent individual.

History and Legal Foundations of Criminal Procedure

Criminal procedure refers to the legal process by which criminal offenses are

investigated, prosecuted, and punished. The legal foundations of criminal procedure include

Statutes, passed by legislative bodies; case laws, which are court decisions that interpret and

apply criminal procedure law; Constitutional law, which sets out a number of procedural

protections for criminal defendants. The key components include; investigation, arrest,

arraignment, discovery, trial, and sentencing.

The Importance of Precedent

Precedents are very important past judicial decisions that judicial officers rely. Precedent

requires that a judge interrogates the facts of a case and applies the law to them before deciding.

The use of precedent leads to just and fair decisions since it is predictable and consistent. A legal

system must be seen as fair by the members of society. The element of predictability guarantees

litigants on how they will be treated before a court. This enables lawyers to advise clients

whether it is necessary to take a problem to court as one is likely to know what the outcome will
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be. Unlike legislative law procedures, the use of precedents allows for more flexibility as the

process is not long compared to the former.

How the Interests of Public Order (Crime Control) and Individual Rights (due process)

Influence Criminal Justice and how Criminal Procedure Balances these two Interests

Public interests are based on the notion and the assumption that the common good

transverse through society, such as shared vision or common goals. Criminal procedures enable

the state and its machinery to execute criminal justice through public interests. In a criminal trial,

a defendant gets to challenge government policies and behavior. The main function of criminal

procedure is to resolve the conflict between public interests and individual interests. Circuit

courts, in particular, have tried to reconcile conflicting interests in the area of confessions,

extrajudicial identification, fair trial, independent media, right to be represented, and prisoner

rights.

Structure, Responsibilities, and Jurisdictions of the Court System

In the United States, the federal courts are divided into three; the district courts, which

are the lowest courts, the circuit courts, which are the lower appeal courts, and the Supreme

Court, which are the highest level of appeal. Courts have limited jurisdiction and can only

entertain matters placed in their jurisdiction by the constitution of the United States and the

Federal Statutes. Criminal cases in the federal district court cannot be brought under diversity

jurisdiction. District court judges are charged with the responsibility of supervising court

employees. The district court is tasked with the responsibility of appointing magistrates to hear

cases at the initial stages, issue arrest and search warrants, set bail, and oversee special cases.

The circuit courts are the United States Court of Appeal tasked with hearing issues relating to

patents.
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Why Venue is an Important Factor in Criminal Prosecutions

Venue in criminal prosecutions is a very important element of jurisdiction. Hence, for

jurisdiction to be a court in a criminal prosecution, the offense should have been committed or

any of its essential ingredients should have taken place within the territorial jurisdiction of the

court.

The Fruit of Poisonous Tree Doctrine

The fruit of the poisonous tree is a doctrine that forbids the prosecution team in a court of

law, from presenting specific evidence to a criminal case, considered to be tainted with primary

illegality (Douma et al., 2017). The doctrine removes unlawfully obtained evidence from having

a detrimental effect on the criminal defendant.

Requirements for Obtaining a Search Warrant

A search warrant is a legal document authorizing law enforcement officers to search a

place for item that are believed to aid in solving a crime (Cross, 2008). It must be signed by a

magistrate and must have an affidavit sworn to before it can be issued. The affidavit must be

signed under oath by a law enforcement officer or any other person who believe that

incriminating items will be found in the location to be searched.

History, Purpose, and Essential Elements of the Fourth Amendment

 The framers of the U.S Constitution adopted Fourth Amendment because they were tired

of the Colonists unreasonably searching their homes.

 The basic clauses of the Fourth Amendment are the reasonableness clause and the

warrant clause.

 Reasonableness clause searches should not be unreasonable while in the case of warrant

clause, no reasonable search shall be conducted with a warrant based on probable cause.
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 For a warrant to be issued for probable cause, there must be a reasonable search

conducted.

 The Supreme Court of the United States ruled that any searches or seizures performed

outside of the justice system are unreasonable, hence, not admissible.

 A search or arrest warrant should be procured whenever searches are to be conducted. If,

however, there is an emergency or other such exception, a warrant may not be necessary.

Searches within the Context of The Fourth Amendment

Searches within the context of the Fourth Amendment include that governmental actions

must invade a protected interest of the individual. But if the individual does not have a protected

interest, actions that might otherwise be labeled a search will not implicate the Fourth

Amendment. If a person has a protected interest, then the focus turns to the governmental

techniques used to obtain tangible information.

The Fourth Amendment’s Expectation of Privacy

The Supreme Court ruled that warrantless searches of junkyards are constitutional

because operators of commercial premises in closely regulated industries have a reduced

expectation of privacy. In widespread regulated industries, the privacy interests of the business

are weakened and government interests in regulating particular businesses are heightened.

Generally, a warrantless inspection of commercial premises may well be reasonable within the

meaning of the Fourth Amendment, whereas a warrantless inspection of a private residence is

unconstitutional.

The Concept of Probable Cause and Its Implications

Probable cause is majorly the necessity in criminal law that police have satisfactory

reason to arrest an individual or conduct a search, or seize property relating to an alleged crime.
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It is necessitated by the Fourth Amendment of the US constitution. As seen from the provision

oof the constitution, there must be a “probable cause”, in order for a court to issue a warrant for a

person’s arrest, or to search or seize property. There must also be probable cause for police to

arrest without a warrant.

The Plain View and Related Doctrines

The plain view doctrine permits a warrantless seizure of items if items are discovered

accidentally and are apparent evidence of crime. The open fields doctrine is the legal doctrine

that a “warrantless search of the area outside a person’s property or courtyard. The fourth

amendment protects persons, houses, papers, and effects but is not extended to the open fields.

Open fields are not constitutionally protected because they cannot be likened to persons, houses,

papers, or effects.

How Search Warrants are Executed

The police officer goes to a judge or a magistrate and asks for a warrant. The judge will

determine if probable cause exists to search the home or the property. Officers must support by

having sworn statements and describe the place they will search and items they will seize.

Having no information is not a formal search and would violate the Fourth Amendment. Police

officers can only forcibly enter into a property after they have obtained a search warrant. They

knock and announce themselves as the police and if there is no response within a reasonable time

they can make entry.

Regulatory and Administrative Searches

A regulatory and administrative search is described as an inspection or search carried out

under a regulatory or statutory scheme in public or commercial premises to enforce compliance

with regulations or laws pertaining to health, safety, or security. This type of search does not
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require a warrant because of the risk presented by passengers with weapons, advanced warning

of the search is given, it applies to all passengers, and it occurs before other passengers or

concerned persons.

Consent Searches and the Issues Associated with them

Consent searches are constitutional, but consent must be voluntary, as determined by the

totality of circumstances. The scope of a consent search is defined by the person giving consent.

Third parties can give consent if they have actual or apparent authority over the premises or

property to be searched. A controversial law enforcement practice tied to consent searches is

“knock and talk,” a strategy in which police seek to gain consent to enter a residence for the

purpose of detecting evidence of criminal activity.

The Exclusionary Rule

The most significant remedy in criminal procedure is the exclusionary rule. The

exclusionary rule prohibits the use of evidence acquired by violating the Constitution to prove a

guilt in a criminal trial. This rule is not found anywhere in the wording of the Constitution – It

was created by the Supreme Court.

The Concepts Involved in Upholding a Case on Independent State Grounds

The Supreme Court does not review judgments of state courts that rest on adequate and

independent state grounds. State judgements are corrected only if they incorrectly adjudge

federal rights. If a given state law/practice is challenged as a violation of the U.S. Constitution, it

is necessary to decide whether the challenged law is valid under state constitution. If a state's

court says a law/practice is valid under state constitution, it would be necessary then to decide

constitutionality, then, it is subject to U.S. Supreme Court review.

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References

Cole, G. F., Smith, C. E., & DeJong, C. (2016). Criminal justice in America. Cengage Learning.

Cole, G. F., Smith, C. E., & DeJong, C. (2016). The American system of criminal justice.

Cengage Learning.

Cross, M. (2008). Scene of the cybercrime. Syngress Media.

Douma, F., Lari, A., & Andersen, K. (2017). The legal obligations, obstacles, and opportunities

for automated and connected vehicles to improve mobility and access for people unable

to drive. Mich. St. L. Rev., 75.

Geyh, C. G., Alfini, J. J., & Sample, J. J. (2020). Judicial conduct and ethics. LexisNexis.

Holtz, L. E. (1990). Regulatory and administrative searches. Office of Justice

Programs. https://www.ojp.gov/ncjrs/virtual-library/abstracts/regulatory-and-

administrative-searches-contemporary-criminal

Worrall, J. L., & Moore, J. (2011). Criminal law. Prentice Hall.