Please carefully review the uploaded rubric. All assignments undergo a peer review and if the assignment does not meet mastery criteria it is possible revisions will be needed. Upon completion of an assignment, I will release 90% of the contract. After a peer review is completed (24-72 hours) I will release the additional 10% after it is known whether revisions are needed.
Read the following:
Textbook: Procedures in the Justice System (Information has been uploaded to access this textbook)
Chapter 13: “Sentencing and Appeals”
This chapter explains the various sentencing goals and types of sentences. Various rights of the convicted are outlined. The death penalty is looked at from both pro and con points of view. The Eighth Amendment is detailed as it relates to cruel and unusual punishment. The various trial outcomes including verdicts, new trials, and mistrials are discussed. Appeals and suspended sentences are explained.
Chapter 14: “Collateral Proceedings and Writs”
This chapter examines the two collateral proceedings that are essential to the judicial process: extradition and writs.
Please also read the following
https://ovc.ojp.gov/topics/victim-rights-and-services
Please watch the following
Familiarize and utilize these key terms I the assignment
Certiorari: A petition to an appeals court to invoke its jurisdiction.
Extradition: The surrender by one state or nation to another state or nation of a person who is charged with a crime in the requesting state.
Habeas corpus: A writ that orders the custodian of a prisoner to appear in court and explain why the individual is being held in confinement.
International extradition: Extradition of a fugitive from another country subject to the extradition treaties between the two countries.
Restitution: Court-ordered sanction that involves payment of compensation by the defendant to the victim for injuries suffered as a result of the defendant’s criminal activity.
Suspended sentence: An adjudged sentence whose imposition is suspended under certain conditions, and upon compliance with the conditions, the sentence is vacated. If the conditions are not complied with, the suspension is vacated and the sentence is imposed.
Probation: Placing a defendant on conditioned release subject to revocation if the defendant violates the terms of the release.
Revocation of probation: If, during the period of probation, the offender, known as a probationer, violates the law or fails to abide by the other restrictions that may have been imposed, the probation may be revoked and the probationer sentenced to imprisonment. Whether or not probation is revoked is at the discretion of the trial judge.
Symbolic restitution: A beneficial service to the community that the defendant is ordered to perform because of his or her criminal misconduct.
Victim’s bill of rights: Statutory legislation that provides certain basic rights to a victim during the trial of a criminal case.
Writ: A mandatory precept (warrant), under seal, issued by a court and commanding a person to whom it is addressed to do or not to do some act
Reviewing this material, textbooks and videos is imparitve. You may use these for the sources and may utilize additional outside sources. After reviewing the material, please complete the following assignment.
The following case study presents issues related to the collateral proceedings in a criminal defense case.
Case Study:
Brook wanted to rob the First National Bank located in Newport Beach, Orange County, California. When Hurst found out about Brook’s plan, Hurst asked to join in too as long as no weapons were going to be used. Brook assured Hurst that no weapons would be used. During the robbery, Brook pulled out a gun and pointed it at a teller who was not cooperating in handing over the cash in the teller’s drawer. Hurst did not see Brook pull the gun on the teller. After they had left the bank and were driving away, Brook remarked to Hurst that bringing the gun was a great idea as it made the difference with the teller handing over the cash. Hurst said to Brook, “You said no guns, let me out of the car now.” Brook told Hurst that they were not going to stop anywhere until they were safely in Arizona. Brook and Hurst proceeded non-stop to Nogales, Arizona.
Upon arrival in Nogales, Arizona, Brook and Hurst divided the money from the bank and went their separate ways. Hurst left and met a friend, Solana, but told Solana nothing about the bank robbery. The next day, Brook went across the border into Mexico. Based on a tip, the officers from the Nogales Police Department arrested Hurst and Solana booking both on suspicion of bank robbery. During the interrogation, Hurst told the Nogales police that Brook had fled to Mexico. Solana advised the Nogales police that he had nothing to do with the crime, but the Nogales police have refused to release Solana. The Nogales police advised Mexican authorities who promptly located Brook and arrested him.
In a 1–2-page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions.
Note: Please answer the following based on general principles of procedure, not jurisdiction specific laws or statutes. Answer according to general law as presented in the course materials. Do not draft your answer based on California, or any other jurisdiction specific law.
1) What procedural steps must the Orange County prosecutor take to extradite Hurst from Arizona?
2) What procedural steps must the Orange County prosecutor take to extradite Brook from Mexico?
3) Solana files a writ of habeas corpus in the proper Arizona Court. How should the court rule? Why?
Mastery criteria of the rubric is necessary. There is the possibility of multiple revisions if the criteria is not met and the questions are not answered in the assignment based on the reading materials.
Last Completed Projects
| topic title | academic level | Writer | delivered |
|---|