You are a peace officer trainee assigned to your first post of duty. Your supervisor calls you into his office and tells you that he needs you to prepare content for a presentation at a local university for students in a criminal justice program. He explains that the public information officer (PIO), the individual previously assigned to give this presentation, is testifying in court and cannot leave. He further informs you that you will need to put the content together from scratch as he has never done this before.
The content is to be an overview of the criminal justice system and a description of these roles:
police officer or federal agent
district attorney's office or the United States Attorney's Office
defense counsel
federal, state, and local judges/magistrates
Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant. Consider the following questions for your information:
When do you think the prosecutor's office should become involved in a case (pre-arrest or post-arrest)?
Do you think involvement by a prosecutor in the original stages of an investigation is a good idea?
Can a defense attorney ever become involved in a case prior to indictment or arrest?
When does a judge or magistrate's function begin? In addition, briefly discuss the sources of criminal law.
How does constitutional law affect the development of the criminal code?
What are common law crimes as opposed to actions criminalized by statute?
Please re-post and include the answer or response you have come up with so far. Teachers here will not do your homework for you, but we are happy to point you in the right direction and give you feedback on your own thinking.
Thanks.
=)
I think that a PROSECUTOR becomes involved in a case before the suspect is even arrested.
can a defense law ever involed in case proirto arrest
As a peace officer trainee assigned to your first post of duty, your supervisor has tasked you with preparing content for a presentation at a local university for students in a criminal justice program. The content is to provide an overview of the criminal justice system and describe the roles of various individuals involved, including police officers or federal agents, the district attorney's office or the United States Attorney's Office, defense counsel, and federal, state, and local judges/magistrates.
To start, it's important to familiarize yourself with the roles and responsibilities of each of these individuals within the criminal justice system. You can gather information on each role from various resources such as textbooks, online articles, or official websites of law enforcement agencies, courts, and legal organizations. By doing so, you can gain a comprehensive understanding of the key functions and interactions of these individuals.
Regarding the stages at which each of these roles interacts with a criminal defendant, here are some points to consider:
1. Police officer or federal agent: They typically interact with a suspect at the investigative stage, which involves gathering evidence, conducting interviews, making arrests when necessary, and presenting the case to the prosecutor's office for further action.
2. District attorney's office or the United States Attorney's Office: They become involved in a case after the arrest occurs, in the prosecutorial stage. They review the evidence presented by the police or federal agents and determine whether to file formal charges against the suspect. Their role is to represent the state or government in pursuing criminal charges and prosecuting the case in court.
3. Defense counsel: The involvement of a defense attorney generally begins after the arrest. They represent the accused or defendant, ensuring their rights are protected and advocating for the best possible outcome. However, it's important to note that defense attorneys can become involved in a case even before indictment or arrest in certain situations, such as providing legal advice during a police investigation or negotiating with the prosecutor's office for potential charges.
4. Federal, state, and local judges/magistrates: The function of judges or magistrates begins once a case reaches the judicial stage. They oversee the legal proceedings, ensuring fairness and adherence to the law. They make decisions on matters such as bail, pretrial motions, and the trial process. Additionally, judges are responsible for sentencing convicted defendants.
In addition to describing the roles of these individuals and the stages at which they interact with a criminal defendant, your presentation could also touch upon other aspects, such as the sources of criminal law and the influence of constitutional law in the development of the criminal code.
Sources of criminal law can include statutory law (laws created by legislative bodies), common law (court-made law based on previous legal judgments), and constitutional law (laws derived from the constitution and its interpretation by courts). Understanding the role of each source in shaping the criminal code can provide insight into the foundations of the legal system.
Lastly, differentiating between common law crimes and actions criminalized by statute is also worth mentioning. Common law crimes are offenses that have been recognized and developed through judicial decisions over time, creating a body of legal principles and precedents. On the other hand, actions criminalized by statute are offenses that are explicitly defined and prohibited by legislative enactments.
By thoroughly researching and exploring these topics, you will be able to create a comprehensive and informative presentation that will provide students in the criminal justice program with a solid understanding of the criminal justice system and the roles of the individuals within it.