Delivering Justice Scenario Analysis

STRATEGIC PROSECUTION PLANNING 6

Strategic Prosecution Planning

Sheena Thiebaud

Averett University

April 2, 2017

Introduction: Strategic Prosecution Planning

The analysis of the case would help to determine the significance of jurisdiction and if the state or federal court should try the case. The scenario shows the State and Federal law enforcement officers interviews the witnesses at the Post Office and Canvass, the immediate area for the additional evidence. The police reviewed the surveillance camera from the several businesses nearby with the sole purpose of identifying the person who committed the crime. The cameras reveal that the person who was described by the witness matched the person in the camera. The person was seen entering the car with a licensed plate 123- ABC. The vehicle was owned by Ms. Conspirator whom reveals that man who carried out the robbery as Mr. Stamps. The main purpose of the assignment would be to formulate a strategic prosecution plan that would determine if the case should go to state or federal criminal trial.

State vs. Federal Criminal Trial: Factors to determine

The case should be tried in the state Criminal Trial since the crime happened in a local post office. Therefore, the state Criminal Trial is the right court to try this case since it involved them (Samaha, 2016). All the witnesses' lies within the jurisdiction o the state Criminal Court, and therefore, it should be tried within that state court. Another factor that should be significant in the determination of which court to try the case is the people affected directly. From the scenario, the state is affected directly by the crime and therefore, the state criminal court have jurisdiction (Smith, 2007). Finally, it is important to understand that the federal criminal court could have had jurisdiction if the crime was committed in two states or effects to individuals from two states where both states do not have jurisdiction. The final factor is the state code and the United States Code Section (18 U.S.C. 2114). In this case, the state code is applicable compared to United States Code (Samaha, 2016).

Double Jeopardy Issues

The double jeopardy issues are the presence of both state and federal agencies at the crime scene. It is a jeopardy issue since only one law enforcement findings would be used in the selected criminal court (Carmen & Hemmens, 2016). In this case, there are federal and state law enforcement agencies at the crime scene. Both agencies would have their findings which might be different. For instance, the federal law enforcement agencies might have more evidence that may not be used in the state criminal courts. The evidence that is not presented to the court might be inadmissible in court, and therefore, the suspect might be released simply because there is no sufficient evidence (Samaha, 2016).

Roles and Functions of Attorneys, Court personnel, Juries and Community members

It is important to understand the roles and functions of court personnel, attorneys, juries and community members as the case move through the process (Samaha, 2016). It is significant to note that these stakeholders play a big role in the trials and without them, the case would be futile. The main roles and functions of attorneys would be to defend Mr. Stamps or negotiate a punishment that minimal to the suspects (Samaha, 2016). Therefore, they would present an opposing evidence to discredit the evidence of the persecution. The court personnel, on the other hand, would ensure that the court proceeding was in order and they follow the state law. The court personnel ensures that all evidence are not distorted and well guided. The juries play a significant role in determining the punishment and fines for Mr. Stamps (Smith, 2007). The community members provide the members of the jury as well as follow the court process to ensure that everything is free and fair (Carmen & Hemmens, 2016).

Police Officer’s Role during the Criminal Trial Process

The police officer plays a huge role during the criminal trial process. If the criminal or suspect is not in custody, they will make an arrest or request for a warrant (Smith, 2007). The police officer can also be a witness for the prosecution if he or she was investigating the case (Carmen & Hemmens, 2016). The Police officer often explains his findings to the court during trial processing.

References

Carmen, R. V., & Hemmens, C. (2016). Criminal Procedure: Law and Practice. Cengage Learning.

Samaha, J. (2016). Criminal Procedure. Cengage Learning.

Smith, L. J. (2007). Coordinating the Criminal Justice System: A Guide to Improve the Effective Administration of Justice. University Press of America.