CCJS100 Essay Murder - 1375 Words

CCJS100 Essay: Murder (Essay Sample) Content: CCJS100NameInstitutional AffiliationIntroductionMurder, just like any other crime, is highly punishable. This is specifically because the sanctity of life cannot be ignored. Life is precious, and the inability of the human race to give life as they wish has been a critical point in highlighting the importance of this gift. It is in this respect that the law has been designed to protect the lives of individuals, and to ensure that anyone that takes away the life of another pays dearly for the action. This has significantly raised the profile of murder cases in the court of law, seeing that they attract stringent and equally heavy punitive and correctional measures (Dantzker Hunter, 2012).Crime DescriptionIn the case mentioned, James Lane is suspected of being involved in the gruesome murders of Lucy lane and Rodney Hill. James, a former lover of Lucyà ¢Ã¢â€š ¬s, is accused of stabbing both Lucy and her current lover, Rodney, several times in the torso, back and abdom en. The stab wounds have been confirmed as the cause of death. Upon receiving a warrant to search Jamesà ¢Ã¢â€š ¬ house, the police manage to find a lock-blade knife (the suspected murder weapon) and some clothes soaked in human blood. Laboratory tests quickly reveal the DNA in the blood-soaked clothes corresponds to that of Lucy and Rodney. Despite all evidence pointing at a likely open-and-shut case, James insists his innocence. Having been charged with the murders of Lucy Lane and Rodney Hill, James now awaits his arraignment and possible trial to determine his guilt or innocence.Processes in Criminal Justice SystemThe criminal justice system has been set up to guarantee a legal, objective and fair legal process that is aimed at not only uncovering the truth, but also determining the guilt or innocence of a suspect in a fair manner. The significance of this process to the United States government cannot be overemphasized bearing in mind it is the process that keeps law and order in the society.InvestigationThe first process in this system is investigation. Upon the reporting of a crime of whatever nature, the police system in the USA is tasked with the duty of conducting thorough and conclusive investigations that can be used to draw an objective conclusion. The investigation process encompasses the police using a network of friends, colleagues, neighbors and government records to determine the possible motives and actions that led to the committing of the crime (Berg, 1999). In the case of the murders of Lucy and Rodney, the police used the assistance of neighbors such as Mr. Wolf to collect evidence on the case.Arrest and ChargingOnce sufficient circumstantial evidence has been collected to provide probable cause, then the suspect is arrested and charged for the said crime. In a murder case such as this one, James Lane had all the odds against him. He was a bitter and jealous ex-lover to Lucy who had committed murder probably in a fit of rage. In additio n to this, the murder weapon and clothes he wore were found in his house, proving that he indeed had a connection to the murder, the possibility of the connection being remote notwithstanding. Upon arrest, charges were filed against him for the murders of Lucy and Rodney, based on the evidence collected from the investigations conducted by police detectives.ArraignmentUpon being charged, the suspect must be arraigned before a court of law within a maximum time of 48 hours. An arraignment is essentially an initial hearing that the suspect faces. During arraignment, the suspect is read the charges that have been filed against him and the judge then determines the course of action to be taken from that point forward (Neubauer Fradella, 2012). During the arraignment, both the prosecution and defense lawyers present their cases and the facts that they believe would determine whether the suspect would be granted bail or whether they would be held in pre-trial detention. This is also a ve ry critical point in the case, seeing that it usually paints a rough idea of the path that the case will take, insofar as factors such as the seriousness of the offence and public opinion are in play (Neubauer Fradella, 2012).Bargaining the PleaOnce the subject knows whether they will be held in pre-trail detention or granted bail, the judge sets another date during which the defendant enters a plea and the defense and prosecution subsequently bargain the plea. Before this decision can be made, both the defense and prosecution critically assess the nature of the case and calculate its probable outcome. In this way, they can build their case, be it for an acquittal or for a shorter sentence. The defendant is usually expected to enter a plea of either à ¢Ã¢â€š ¬Ã‹Å"guiltyà ¢Ã¢â€š ¬ or à ¢Ã¢â€š ¬Ã‹Å"not guiltyà ¢Ã¢â€š ¬ of the charges brought before them (Falk, 2010). This is essentially the point upon which the entire case depends upon. In bargaining the plea, the defendant can b e asked to plead à ¢Ã¢â€š ¬Ã‹Å"guiltyà ¢Ã¢â€š ¬ in exchange for a reduction in the sentence that they would be handed.TrialUnlike civil and corporate cases, murder cases do not enjoy the luxury of having settlement options. Because of this, once sufficient evidence has been gathered by the prosecution to sustain the case through trial, the trial begins.Preliminary HearingIf investigations were done properly, then this stage is usually a formality of sorts. This is because during this stage, the judge determines whether there is enough evidence gathered by the prosecution against the defendant to sustain a full trial. Using a à ¢Ã¢â€š ¬Ã‹Å"probable causeà ¢Ã¢â€š ¬ basis, the judge examines the evidence provided to ascertain whether there is the likelihood that the crime was actually committed by the defendant.Pre-Trial MotionsThis is a stage during which the à ¢Ã¢â€š ¬Ã‹Å"rulesà ¢Ã¢â€š ¬ of the trial are essentially set. The defense and prosecution attorneys use this opportunit y to make convincing arguments that may limit the witnesses or experts that can testify, the evidence that is admissible to the court and that which is not, as well as the dismissal of the case in totality (Dantzker Hunter, 2012). In essence, this only creates the footpaths that attorneys must tread, and the boundaries that they are not allowed to cross.TrialOnce the pre-trial motions have been made and agreements reached, then the trial of the case begins. In a murder case such as that of James Lane, the trial would involve the prosecution presenting arguments, facts and evidence to prove to the judge or the grand jury (in the event there is one) that the defendant is guilty. The defense would also present their arguments, evidence and facts to not only prove that the defendant is innocent of the charges, but also to discredit the prosecutionà ¢Ã¢â€š ¬s case.Post-Trial MotionsThese are motions that are moved by either the defense or the prosecution after the verdict has been rend ered by the court. They are structured to raise questions regarding the verdict arrived at by the court, the witnesses and arguments made notwithstanding. Both parties are allowed to make such motions, but these are rarely granted, seeing that many of them seek to have the court verdict sway in the other direction.SentencingOnce a guilty verdict has been rendered, the defendant then returns to the court, usually at a later date, for sentencing. In the event that they are acquitted of all charges, then they are set f...