«Criminal Procedure» - Great Essay Sample

«Criminal Procedure»

Summary and Analysis of Proceedings

The case involves a truck driver of a Best Bread Company. Some years back, the driver, Mr. Brown, was involved in an accident together with his friend. He had just been offered a ride by his friend, Mr. Clay, whom he had not seen for a while. All the three, including another driver, were seriously injuredand taken to the local hospital.  Mr. Clay died in the hospital two weeks later. The case was about a heroin that was discovered on the passenger seat of Mr. Clay’s car and suspicion of theft by Mr. Brown from his boss, Mr. Best. On this particular day, the attorneys were receiving a notice asking them to come up before the magistrate for a pre-trial conference.

Initial Proceedings

According to Millar (2014), the complaint is the first step to getting a civil proceeding. In this case, this document was filled, establishing the cause of action against the accused. The complaint contained a short and plain statement of the grounds, upon which the court’s jurisdiction was based, a demand for judgment and a short claim showing that the pleader, Mr. Best, was entitled to fire Mr. Brown. As a rule, the complaints are kept short, plain and simple.
The defendant, in his turn, also gave an official denial of the facts and issues that were forwarded by the complainant. This answer includes all the affirmative assets of the defense. The defense council of Mr. Brown gave a short and plain answer to the accusations. The plaintiff’s counsel went ahead and compared the complaint to the answer, so as to ensure that Mr. Brown and his council’s details, such as full names, employment and their defense was within the scope of the case before the court.

Courtroom Workgroup

The courtroom workgroup consisted of a judge, prosecutor, defense council and other workers, such as the clerk who formed a social organization in the courtroom (Cole, smith &DeJong, 2013). The major role of the courtroom workgroup was to prepare the pre-trial files. The aim of working together is to reach a result, and they had been keeping in contact every day since the case against Mr. Brown was forwarded. The defense attorney was hired by the client, however, if he was not in a position to hire, one would be appointed by the court. The role of the prosecutor was to represent the people and to ensure that justice was served, in case it was proved that a crime had indeed been committed. The judge was there to ensure that proper judging technique was applied. The defendant of Mr. Brown represented him as a legal expert, and his main function was to defend him of any wron accusations and to prove his innocence before the court.

Criminal Justice Issues Observed

One of the criminal justice issue observed in the court was the manner the judge was handling the case through legal analysis and reasoning. Once the facts had been given, the judge has the platform from which to analyze and compare the facts that were forwarded by the defendant and the plaintiff. The first step of action is to decide what legal issueis are involved in a case (Putman, 2012). In this case, possession of narcotics with the intent to distribute them and theft were being considered. The defendant denied those facts. He stated that it was not prooved that  the drugs that were found in the wreckage were his indeed, and he denied stealing from his former employer as well. After this, the next step was to determine if the rule of law was applied to the issue (Cole et al, 2013). This is to ensure that the plaintiff and the defendant received justice without bias.

Another criminal justice issue observed was the presence of an expert witness. In many court cases, there is a need to have expert witnesses, who know how to present evidence in an expert manner (Cole et al, 2013). They normally have special training, experience and skill, and are allowed by the court to offer their opinion regarding certain issues within their area of expertise. On this day, the expert witness was a local sheriff, who was part of the investigation team that discovered heroin in the wreckage of the car. He expert witness was among the first people  to give evidence against the accused.



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