Unit 4 DB Introduction to American Court System Essay

Unit 4 DB Introduction to American Court System - Essay Example This decision is based on the irrefutable availability of sufficient evidence for legal documents necessary for commencing prosecution. Further discretion at this stage relates to the decision to offer legal agreement to the charged suspect on the basis that he or she confesses their guilt and opt not to stand trial. At the trial stage the prosecutor’s role pertains to disclosing all evidence to the defense council pertaining to the suspect’s case. Moreover, at the serving and sentencing stage the law enforcement officer is charged with the discretion of acting of as parole officers of sentenced criminals that have been selected for possible freedom based on their character (Mellili, 1992). The judge exercises discretion at the trial stage by leading the court proceedings against the charged suspect. At the sentencing stage, the judge exercises his or her discretion after the defendant is found guilty after a plea of guilt or judgment by the jury. Consequently, the judge dispenses the sentencing laws cognizant with the crime charged. Furthermore, the judge exercises discretion at the appeal stage. At the instigation by the defense counsel of the sentenced defendant, an appeal may be issued and reviewed a judge in the appellate court (Mellili, 1992). Furthermore, a different judge will lead the proceedings of a new trial based on the review and approval of an appellate court. Some of the guidelines that are in force to limit the discretion powers of enforcement officers include the limit on excessive force while making arrest. This is in light of the possibility of the officers to use police brutality on unarmed and powerless suspects such as racial minorities (U.S Department of Justice, 2012). . On the part of the judges, guidelines that could be used in limiting their discretion pertain to issues of sentencing. These include sentencing structures that limit and regulate the punishment

Observation of the day in court Essay Example | Topics and Well Written Essays - 500 words

Observation of the day in court - Essay Example She was careful to ensure that the accused understood his rights and consequences of his positions in the case. In addition to considering legal aspects of the case, the judge was considerate to the accused social issues, and appeared lenient in her directions and judgment. The case was criminal, with Robert White, as the accused and the nature case type identifies the state, represented by the prosecutor, as the other party to the case. In such a case, the burden of proof lies with the prosecutor, who is expected to prove a case beyond reasonable doubt. White was a 35-year old African American from Alabama. He had three children: the eldest being 19 years, a nine year old followed this, and the youngest was 6 months old. White was married and his wife sat next to him. We walked in when he was talking to his attorney, a female, after which he said he would plead guilty of the charges pressed against him. It is most probable that his attorney advised him to plead guilty for plea-bargaining (Scheb & Scheb II 161), or evidence against him could have been overwhelming. White was accused of possession and trade in cocaine, with which he was arrested on August 27, 2013. Undercover officers in Boston common arrested him as he was trying to sell cocaine, worth $ 40, to Cathreen Johnson, an undercover. At the time of his arrest, he was in possession of $ 330, in cash, three cell phones, and a knife. He, therefore, faced charges of unlawful distribution of underlined class B substance (cocaine) and possessing a dangerous weapon (knife). The overwhelming evidence, which also showed witness competence, explains the guilty plea. The judge also demonstrated competence, by ascertaining that White was sure of the charge to which he pleaded guilty, and White affirmed this, respectfully. In addition, the judge also ensured that White was aware of his rights at trial, and she reminded White of consequences of personal testimony, such as forfeited right