HenryKraig Unit 8 Assignment CJ227
ANALYSIS AND APPLICATION:
THE STEPS A CRIMINAL DEFENDANT
MAY GO THROUGH IN THE AMERICAN
CRIMINAL JUSTICE SYSTEM
Kraig Henry
CJ227-Unit 8 Assignment
July 7, 2014
As Mr. Crook’s attorney I’d first begin by letting him know that he made the right decision by seeking legal help. I would advise him that based on the described acts, he’s committed robbery (CC3701), which in the state of Pennsylvania is a
Felony of the 1st degree. Although, he used a BB gun he wouldn’t be charged with any firearms violations but would most likely be charged with (PIC) possession of an instrument of crime (CC907), Theft (CC3901) and receiving stolen property (CC3925). I’d inform him that we could challenge any identification with line ups/confrontations and also the search of the apartment that resulted in the confiscation of the BB gun. I’d need the name, DOB, telephone number and address of his nephew and there’d be a need to interview him as well. I’d ask if there were any things he needed to get in order personally because he should turn himself in and allow me to begin the process.
ARREST
I would explain to Mr. Crook that he should turn himself in and that during this stage he’d be read his Miranda
Warnings.
I’d advise him that at
ABSOLUTELY NO time should he speak to the police with his lawyer present.
BOOKING
When the defendant is taken to the police district or detective division.
The defendant is asked biographical information i.e. Name, DOB, address, etc.
The defendant is fingerprinted and photographed via a computerized system CHARGING
During this stage the Police
Officers/Detectives prepare reports that are forwarded to the District Attorney’s
Charging Unit (DACU) to approve the charges that are listed.
If the District Attorney 's Office only approves the charges against the defendant, if they believe there is adequate evidence for a conviction.
COMPLAINT
Prior to the initial appearance, a legal document must be filed with the court setting forth the
THE STEPS A CRIMINAL DEFENDANT
MAY GO THROUGH IN THE AMERICAN
CRIMINAL JUSTICE SYSTEM
Kraig Henry
CJ227-Unit 8 Assignment
July 7, 2014
As Mr. Crook’s attorney I’d first begin by letting him know that he made the right decision by seeking legal help. I would advise him that based on the described acts, he’s committed robbery (CC3701), which in the state of Pennsylvania is a
Felony of the 1st degree. Although, he used a BB gun he wouldn’t be charged with any firearms violations but would most likely be charged with (PIC) possession of an instrument of crime (CC907), Theft (CC3901) and receiving stolen property (CC3925). I’d inform him that we could challenge any identification with line ups/confrontations and also the search of the apartment that resulted in the confiscation of the BB gun. I’d need the name, DOB, telephone number and address of his nephew and there’d be a need to interview him as well. I’d ask if there were any things he needed to get in order personally because he should turn himself in and allow me to begin the process.
ARREST
I would explain to Mr. Crook that he should turn himself in and that during this stage he’d be read his Miranda
Warnings.
I’d advise him that at
ABSOLUTELY NO time should he speak to the police with his lawyer present.
BOOKING
When the defendant is taken to the police district or detective division.
The defendant is asked biographical information i.e. Name, DOB, address, etc.
The defendant is fingerprinted and photographed via a computerized system CHARGING
During this stage the Police
Officers/Detectives prepare reports that are forwarded to the District Attorney’s
Charging Unit (DACU) to approve the charges that are listed.
If the District Attorney 's Office only approves the charges against the defendant, if they believe there is adequate evidence for a conviction.
COMPLAINT
Prior to the initial appearance, a legal document must be filed with the court setting forth the
References: Robinson, C., Wallace, H, & Stuckey, G.B.. (2013). Procedures in the Justice System, tenth ed. Boston: Pearson Fisher, B.A.J. (2000). Techniques of Crime Scene Investigation. Florida: CRC Press LLC Osterburg, J.W. (2010). Criminal Investigation, A Method for Reconstructing the Past. New Jersey: Matthew Bender & Co Criminal Law Digest of Pennsylvania, 2014 Edition, LexisNexis Law Enforcement Crimes Code of Pennsylvania, 2014 Edition, LexisNexis Law Enforcement