Explain the Process and Procedure of a Criminal Prosecution
Each state has its own rules of criminal procedure. Although there is some variation in criminal from state to state, there are basic procedural steps that all states adhere to. The parties must adhere to these rules during the prosecution of a case or risk serious consequences. Possible consequences include denying the use of evidence, dismissing the case, ordering a new trial and so forth.
Resources for this week:
To open this resource, cut and paste this citation into the search bar in Westlaw Campus Research:
Alexander Holtzoff, Reform of Federal Criminal Procedure, 3 F.R.D. 445, 456 (1944)
https://www.law.cornell.edu/rules/frcrmp
*FEEDBACK FROM THE LAST ASSIGNMENT IS ATTACHED IN THE FILES* Please adhere to the feedback.
Assignment Instructions:
As an assistant in the Brownwood Prosecuting Attorney’s office, you have been selected to make a video presentation on criminal process and procedure for high school students at Nation University.
First, please explain and analyze the public policy behind the Criminal Rules of Civil Procedure. Next, using the case of State of Grand v. Smith (the hypothetical from order number 84137), please explain and discuss the process and procedures of felony prosecution. Be sure to address the following:
1. Arrest
2. Filing Criminal Charges
3. Setting a Bail
4. Preliminary Hearing
5. Grand Jury
6. Arraignment
7. Discovery
5. Plea Bargaining
6. Trial
7. Sentencing
For each step in the process please explain the goal and purpose, identifying what happens and discuss who is involved. In addition, analyze the probable outcome at each step based upon the facts in The State of Grand v. Smith.
*PLEASE BE SURE TO PROVIDE A WRITTEN TRANSCRIPT OF YOUR POWERPOINT PRESENTATION*
References: Please use 3-4 legal resources to assist you in preparing your video presentation. Be sure to include the citations to the legal resources in the written transcript of your presentation. Be sure to use the resources from this week as well. Citations must be done in Bluebook format. https://www.law.cornell.edu/citation/ — this article can help.
Hypothetical from order 84137:
Tom Smith suffers from neuropathy and takes doctor-prescribed Oxycodone to control his pain. On December 12, 2018, Smith gave an Oxycodone pill to Dan Kells, who had come to a small party at Smith’s Apartment. According to party goers, Kells crushed the pill and injected it into his body. Laura, who was also at Smith’s party, found Kells unconscious. Laura called the paramedics, but they arrived too late, Kells was already dead.
An autopsy revealed that Kells’ blood-alcohol content was .277% and he had an elevated level of Oxycodone in his blood. In addition, twenty Oxycodone tablets were found in the pocket of Kells’ jeans.
Medical records establish that Kells had been hospitalized for a heroin overdose, six months prior to this incident. Hospital records establish that both Smith and Laura visited Kells during his stay at the hospital.
Laura was present when Smith gave Kells the Oxycodone pill.
Jim another partygoer saw Kells give Smith some money and he saw Smith give Laura some money.
Smith had a baggie of cocaine and marijuana in his apartment. The police found $4,500.00 in cash with the baggies.
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