Plea Bargain—Innovation Or Imperfect? PLEASE SEE DETAILS INSIDE…….. PROFESSOR REPLY
PLEASE MAKE SURE YOU REFERENCE ALL YOUR WORK FOR THESE REPLIES AND STUDENT REPLIES
You did a nice job discussing why you believe burden of proof is the most important step in bringing a case to court. You also did a nice job supporting your thoughts with information from the learning resources. How does burden of proof differ for a criminal court versus a civil court?
STUDENT REPLY #1 Christopher Woods
For me the most important part or phase would be the manner/method of bring the case to court. This starts with the part that I deal with on a daily basis as a police officer. There are several phases to these and that starts with the crime and if it is a felony or misdemeanor. For the discussion I will go with felonies that is about drugs.
First what was my probable cause to stop, detain and/or arrest the person. After finding evidence to arrest the person, I most go before a judge to get a warrant for that person arrest. At this point the judge will grant the warrant and the person will be given a bond or not. Second will be the probable cause hearing. If I have done my job correct the defense will waive the hearing, but if not, I will have to testify on why I did what I did. If it was a high felony and the warrant judge did not give a bond, he/she maybe able to get one now. If the defense attorney can show that I did something wrong or made mistakes the case can be dismissed. These is also where the DA can look at what was done to determine if they are okay with the case, charges, and evidence to prosecute the case.
No matter what you do in the other steps if you don’t have everything in line to keep the case moving front through the arrest, warrant, cases, and indictment phases all other thing will never happen.
STUDENT REPLY #2 MICHELLE SANTIAGO
When it comes to prosecuting an offender, there are rules and laws that authorities must follow. Also, there are factors that need to be incorporated. Such as, judicial rules, precedent, method/manner of bringing a case to court, and burden of proof. I feel these are all important factors, but the most important I feel is precedent. Precedent is seen as a sort of blueprints for what works in the court system and has worked in the past. “The sacred doctrine of stare decisis (“stand by what has been decided”) is a cardinal principle of the common law tradition. In a recent national survey of more than 1,000 trial court judges in the United States, the jurists were asked about how important precedent was in their decision making—especially when the precedent was “clear and directly relevant.” Ninety-one percent replied that it was “very important.” (Holmes 2016)
I also feel they all do work in concert. Judicial rules set the tone for court. Method and manner in which the case is presented is important because it depends on how clear of a picture is painted. The burden of proof is usually on the prosecutor’s agenda. However, it is important because an offender is innocent until proven guilty.