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¶ … misdemeanor a felony charge. Detail legal terms stare decisis legal precedent affect criminal prosecutions. Finally, provide a definition words, legal term, corpus delicti.
Misdemeanors are crimes that impose a penalty of twelve or less months in prison while felonies are crimes that carry a penalty of more than twelve months in prison. In many cases two acts that might seem similar are likely to require different penalties. For example, an attack that would only involve threats can be considered a misdemeanor while going through and physically attacking an individual can be considered a felony. The victim is also important in determining whether an act is a misdemeanor or a felony. Performing indecent exposure in front of a child is likely to qualify as a felony whereas doing so in front of an adult can be considered a misdemeanor.
The legal term stare decisis is extremely important in legal prosecutions, as it requires that judges act in accordance with precedent verdicts when they come across a case that is similar to one occurring in the past. The concept practically emphasizes the idea that judges should not attempt to get involved in modifying the set of ideas in a trial as long as the precedent requires...
Many murder investigations largely function in accordance with the corpus delicti concept, as even though a law enforcement agent might suspect that someone is guilty of a particular crime, he or she cannot convict the suspect before the crime is proven.
Question 2.
Jurisdiction can play an essential role in determining a person's accountability for having committed a crime. The concept can empower an individual or a community to have a decisive say in a particular discussion. The respective person or group can extend their influence over a certain area. A law enforcement officer typically has authority over an area of terrain and the respective area is smaller or larger, depending on the officer's status.
A type of crime can have a strong influence over jurisdiction. As long as it directly relates to state laws, the respective crime needs to be dealt with by the state where it took place. However, if it has a federal nature, the crime…
Works cited:
Bacigal, R. (2008). "Criminal Law and Procedure: An Overview." (Cengage Learning)
Barkow, A.S. & Barkow, R.E. (2011). "Prosecutors in the Boardroom: Using Criminal Law to Regulate Corporate Conduct." NYU Press
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various stages are handled and the possibilities of all the outcomes examined. The paper is chronologically organized in order to provide an analysis of how the constitutional protection for
The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal system, the Court seems to recognize that if something has been established as a necessary minimum to guarantee due process in the federal system, it will also be the minimum in the states. One
Entrapment Defense: Case Brief One: Sherman v. United States Facts: An undercover agent and the defendant originally met in a healthcare facility where they were both undergoing treatment for drug addiction. The government informant ultimately asked the defendant where he could obtain drugs because of the difficulties they were experiencing in overcoming addictions. While the defendant tried to avoid the issue initially, the government informant behaved like he was suffering and continued to
John Doe was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? Being a foreign person, John Doe would perhaps not be aware of his rights as an arrested man in the United States. Once he began to incriminate himself, the police had the responsibility of giving him the Miranda warning which would provide him with necessary information. Doe may
Three Strikes Law on the African-American Community Three Strikes legislation, which imposes sentencing enhancement on repeat offenders, often culminating with mandatory life sentences for third-time offenders, has gained popularity throughout the United States. The legislation began in California, where two highly publicized murders committed by convicted felons prompted an outcry against allowing recidivists to return to the community. California did see a decrease in crime rates following its institution of
JOHN *I uploaded material reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8th Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Case Study: John Doe individual left country effort make a life The case of John: Felony charges In this case of 'John Doe,' the suspect who is accused of larceny was arrested because he began to make incriminating remarks while being investigated. He was then placed under arrest