Sample Case Study Paper on Murder Robbery or Drug Distribution

Murder, Robbery or Drug Distribution

Introduction

The case study I choose to analyze in this paper concerns a robbery incident. This took place on October 11, 2011 forcing the complainant to inform the police on the occurrence. He informed the police that during the operation, the suspects scared him with a gun to execute the robbery. The scene of crime was at the First Avenue where they robbed the complainant in the evening on his way to the bank. The assailants were a man and a pregnant woman who seemed to ask for assistance but turned out to be robbers. Eventually, they demanded for the cash and drove away in his Toyota saden vehicle.

Processes in Criminal Justice System

The first criminal justice step that applies to this robbery case is investigation. This is conducted by police officers to find evidence by identifying the suspect to sustain an arrest. During an investigation procedure, search is essential to inspect lost property and the condition of individual involved. It assists the officers in charge to note what the complainant experienced in hands of the robbers. For instance in this robbery case, Brown starts by revealing to investigators that the female suspect had shopped in his store (Watkins, 2010). Evidence as per the surveillance cameras confirmed that her name was Bertha Bloutt. These details are vital as they enabled the police to further identify their home address. At this juncture, suspects are caught with deposit slip for BJ shoes business account. The two suspects William and Bertha Bloutt are escorted to a police station where Brown identified them as robbers.

Arrest is another process in criminal justice system and is taking a suspect into custody to wait upon court hearing of the case. It also entails a probable cause that is needed legally to support the arrest. This implies that for an arrest process to take place there should be a connection between an individual and a certain crime. For instance, in this robbery case, there are felonies committed by the two suspects that made the officers to arrest them. They are charged of aggravated assault and use of a hand gun to execute armed robbery (Smartt, 2012). The two are custoded and hang around until when their case will be heard in court.

Prosecution is the procedure that follows that determines whether suspects committed the act. This is done by a district attorney to determine whether the persons were involved in crime. At this stage, prosecutors check on various aspects such as strength to prove seriousness of the crime. This is accompanied by a series of questions such as why they engaged in robbery and the accomplices. In addition, suspects will have to return everything they stole to be exhibited in court. The defendants can decide and convince the judge that evidence provided by the prosecutor fails to show that they are criminals. The accused can also accept to be responsible for their actions and use an affirmative way of defense to argue out the case.

Indictment or filing of details is a criminal procedure that incorporates the grand jury and prosecutors respectively. Based on the federal law that applies to criminal processes, an indictment is essential during prosecution of a capital crime. A prosecutor carries out an indictment or provides details of case that incorporate crimes whereby criminals are imprisoned as a way of punishing them. The federal system permits the grand jury to make decisions if they can impose charges against offenders. This happens in a closed hearing whereby only the prosecutor is allowed to give evidence (Watkins, 2010). This type of accusation does not engage the defendant implying that their presence at the grand jury proceeding is not necessary. Furthermore, no defense attorney can stand for criminals during this stage before the grand jury. The probable cause determines the standard to indict an individual for an offense.

In some instances, a prosecutor has to issue information that is filed as charging document. A probable cause or a preliminary hearing is conducted to check for sufficient prove to justify a trial (Smartt, 2012). This form of prosecution allows both the defendant and their representative or attorney to be available at the hearing to defend against the charges. The defense side can challenge the evidence of surveillance cameras to prove their innocence. This depends on the efforts of the attorney to defend how the accused persons argue before the court. If their argument is convincing, the court may set them free but if not, they will be imprisoned.

The next criminal process that applies to this robbery case is arraignment. This procedure involves a judge before the trial whereby the defendant presents his plea by appearing in court. The common known pleas to a person charged with an offense are either accepting their guilt or discarding the charges. Pleading guilty in court can grant the defendant a light sentence while opting to prove innocence can only work with strong evidence.

Bailing is another criminal process that follows based on the law. It involves detention that reflect the time which a person to be convicted stays temporarily in custody before the trial. On the other hand, bail refers to the amount of cash that the defendant pays as an assurance that he will appear for a trial. For instance, the accused couple can pay a reasonable amount to keep off the custody as they wait for their trial day.

Plea bargaining is the next procedure that involves the prosecutor and the defense attorney (Watkins, 2010). During this process, the person in defense accepts and pleads guilty of his mistakes. In such a case, the defendant may incur changes in exchange for sentence or reduction in charges. Mr. and Mrs. Bloutt will require a strong attorney to fight for their rights in court. Furthermore, they must adhere to the condition of accepting their guilt to settle for a lighter sentence. The presence of the prosecutor is significant because he ensures that the accused persons receive fair charges. The prosecutor also convinces the court to drop a section of their charges that they find irrelevant to the case. In this form of agreement, the accused will be asked if they understand charges and consequences of bargain. Its advantages are that the accused couple will evade maximum charges imposed against them.

Adjudication of guilt or trial is approved by the jury or a judge and those in attendance are the defense attorney and the prosecutor. Evidence that leads to conviction of a criminal is via guilt that has no reasonable doubts. However, the accused individual can be acquitted if doubt arises based on strong reason to support his case. During trial, the two accused individuals will be asked various questions about the robbery incident. This stage turns out to be risky when the defendant are convicted by the court and subjected to harsh charges.

A judge pronounces a sentence after hearing the case especially if the accused is guilty (Smartt, 2012). The type of sentence relies on the offence and may range from probation or fine. In addition, an individual may be subjected to an incarnation period that serves as a correctional place that is scheduled in prison or jail. Supervision can also take place during the incarnation and in the society. In most cases, rehabilitation or punishments are administered by the state, federal or local authorities. Majority of inmates may be freed before their maximum sentence in accordance to early release techniques such as parole. Mr. and Mrs. Bloutt’s robbery case entails a probable sentence whereby the two are subjected to an institutionalization. Each accused person is granted a penalty to serve for six years in jail or prison (Watkins, 2010). Alternatively, a judge imposes a fine to the two convicts in relation to the property they stole or the level of intimidation they caused to the complainant.

This form of judgment can be based on either an aggravating or mitigating factor. If a judge or the jury rules based on an aggravating aspect, this increases the crime severity. Conversely, if the judge gives a sentence in relation to mitigation factor, this implies that strictness of the case will be reduced. The ruling is likely to sentence the two criminals to serve six years in prison. This is because the jurisdiction mentions use of weapons during robbery that relates to this kind of punishment. The availability of a hand gun as a weapon in this case further aggravates it by worsening the defendant’s sentence. Furthermore, the fact that in this robbery case the two never bothered to return the stolen vehicle and money aggravates the case. At some point, the two convicts can expect their sentences to be light when there is evidence of mitigating factors. For instance, since the two plead guilty in court, a judge may decide to fine them a certain amount of cash that is equivalent to the goods they stole or harm  caused to Milton Brown. In addition, their case may be light if the two defendants prove to the court that they have no trace of criminal history. Lawyers play a significant part on defenders side by ensuring that they protect rights of their clients during the case.

However, if the accused is not satisfied with the ruling, he may opt for an appeal. This takes place in court of appeal after they are filed by attorneys. In such cases, the appellate judges give the ruling. If the case is reversed at this level, it is presented for retrial in trial court. This implies that the original version of trial is moot or never happened (Smartt, 2012). The prosecutor may refile the case and if he drops charges prosecution continues later based on timing of limitations statute. If Mr. and Mrs. Bloutt win this case, they get to be free of imposed supervision and return to society.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Smartt, U. (2012). Process of Criminal justice System. London: SAGE.

Watkins, H. (2010). The Robbery Penalty. Detroit: Greenhaven Press.