the interest of the community in a criminal trial. The prosecutor is responsible for deciding rather or not to try a case in the court of law or no to. Rather a case is tried in court is a decision that is solely based upon the prosecutors prosecutorial discretion. This decision is made once the prosecutor has examined all of the necessary evidence‚ if he deems it is sufficient he decides to try the case if not he will opt to dismiss it. The prosecutor is also the person who can make and offer a plea
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Latino Deportations For many undeveloped countries around the world‚ the United States is seen as the land of the opportunity. The land where hard work will be rewarded and all goals can be achieved. However the real United States is not as wonderful as it seems for an immigrant‚ specially an illegal immigrant. It is no doubt minorities on the United States are discriminated and somehow targeted. Every day our jail population is growing and prisons are becoming more and more overcrowded. The “unworthy
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ican-mantra Harris‚ David. (2002). Profiles in Injustice: Why Racial Profiling Cannot Work. New York: New Press. Jacob‚ Herbert. (1971). “Black and White Perceptions of Justice in the City.” Law and Society Review 6:69–90. Lu‚ L. (2007). Prosecutorial Discretion and Racial Disparities in Federal Sentencing: Some Views of Former U.S. Attorneys. Federal Sentencing Reporter‚ Vol. 19‚ No. 03‚ p. 1-11. Shah‚ Palak. (2005) Defending Justice- Low Income Individuals/Activists.
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LAWS1021 – CRIME – Week 3 Class 1 1. introduction 2. Ubiquity of discretion 3. Regulating discretion 4. Prosecutorial discretion 5. The Chaser case 6. Two tiers of justice 7. Magistrates and Local Courts 8. Supreme and District Courts 9. High Court appeals 10. Crown appeals From Last Class Jurisdiction Notion of how it is risen and how it is imposed In 1788‚ assumed‚ put upon Australia from the act of colinisation Sovereignty From british states‚ then Australia as a commonwealth Citizenship
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2010). Four reasons exist and cause racial disparity to prosper in the criminal justice system. The contributors are venue and jury selection‚ ineffective assistance of counsel and procedural bars‚ prosecutorial discretion‚ and the dominance of racist jurors (Misha‚ 2005). As for prosecutorial discretion‚ a Caucasian who committed a white-collar crime will not spend a day in jail‚ whereas a minority offender who committed a street crime will suffer harsh penalties. Ineffective assistance of counsel
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the judicial waiver laws‚ prosecutorial discretion or concurrent laws‚ and statutory exclusion laws. Judicial waiver law is the most common transfer used and is done on a case-by-case basis (Office of Juvenile Justice and Delinquency Prevention‚ 2011). This transfer allows the juvenile case to be filed in juvenile court but is transferred to adult court with the approval of the juvenile judge. The prosecutorial discretion or concurrent law gives the prosecutor sole discretion on whether to file charges
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make them head to discipline‚ so that they have to attempt at trying to have a good record before going in front of the parole board. 3. 3. Elimination of the parole may reduce discretionary release decisions‚ but prosecutorial discretion is only a substitute. This only cause the discretion that is exercised in private‚ and there is no review or public consideration of the use of plea
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Courtroom Workgroup Paper Eileen Ritter CJA/204 July 7‚ 2014 Carlos Zuniga Courtroom Workgroup Paper One of the important roles a judge‚ a criminal prosecutor‚ and a criminal defense attorney will carry out is called‚ a “courtroom work group”. The courtroom work group interact on a daily basis by these three entities joining together to converse over matters such as if the case has probable cause to convict the offender or whether or not if there is enough evidence to go forward with a criminal
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Discretion: Legal Factors seriousness of the offense frequency of the offense prior or current system involvement extralegal factors: race gender: protective and chivalry factor socioeconomic status age other factors: demeanor family situation victim or citizen complaint departmental style/policy goal peer associations police can search and seize a juvenile with parental consent united states vs Matlock 1974 parents may not be able to give consent of search
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Cultural Diversity in Criminal Justice Paper The Justice System sentencing of racial disparity will be discussing thought out this paper. Also discuss some reason racial disparity exists and case studies. There some diversity of people‚ offenders‚ and leader in the court system as of today. Race continues to play a role in the criminal justice system went it come to the sentencing process. Racial has changed some over the years
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