February 24, 2017

Homework Help: Criminal Procedures

Posted by Ree on Wednesday, January 7, 2009 at 6:15pm.

Criminal Procedures Topic

At 12:00 p.m., on August 16, 2005, Robert Smith began his journey to freedom down the halls of the prison he called home for the last 2 years. Despite receiving a 5-year sentence, Robert was paroled for good behavior. His lawyer had tried repeatedly to appeal his sentence as a violation of Robert’s Fourth Amendment rights, but the Arizona Supreme Court denied the appeal based on its merits. Now he was walking unbound toward his release.
This was a truly good day, long in the making. As Robert walked down toward his freedom, he recounted his journey to this place.
Robert remembered the thunder of the gavel after the jury read its decision: Guilty on all counts. Although the opening statements made by his lawyer were compelling, the prosecution crystallized a guilty verdict during closing arguments, before the twelve-member jury of his peers even left to deliberate. The prosecution detailed pictures and phone calls as evidence against him, while Robert’s defense corroborated his whereabouts with his ex-girlfriend, claiming the prosecution did not offer proof beyond a reasonable doubt. Her testimony, however, could not withstand the prosecution’s cross-examination—which poked so many holes in her story, her credibility lacked substance. Robert could only hang his head low when the judge detailed the general principles of evidence and law to the jury.
Robert also remembered the day the cops came to his home and found him in his living room with all those drugs. A warrant was thrown in his face, Miranda rights were read to him, and handcuffs were strapped to his wrists. He was then placed in a police cruiser and taken to the magistrate. Soon thereafter, Robert was released on own recognizance.
In the weeks that followed, the prosecution gave the defense exculpatory evidence while the defense planned its tactics. The prosecutor decided it was a good case to charge. Apparently, the phone conversations the police had recorded were evidence enough to establish probable cause.
Robert Smith experienced an ordeal like no other, and spent two years in prison paying his debt to society. He got into the taxi and left the prison

By restating the events in the proper order. From what sources were the rights afforded this individual derived. Can someone please help and explain

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