Introduction
This paper discusses the roles of specific players within the criminal justice system, namely judges, prosecutors and defense attorneys including how these roles sometimes intermingle with reference to given fact patterns.
The Role of the Prosecutor
Should Joe Justice want to get the deal done with Jim Lawbreaker, some of the options available for him including entering into a plea agreement or arrangement and studying the arresting or investigating police report to ascertain details of the crime and its magnitude.
Yes, Joe Justice has enough evidence to take against Stick Martin to grand jury. According to Gaines and Miller (2012), a prosecutor has a strong case to argue before a grand jury so long as the prosecutor has enough evidence to prove on a balance of probabilities the existence of a probable cause. The prosecutor has wide latitude of discretion up to this extent. In this case, the prosecutor has testimony or confession evidence of Martin’s accomplice, Jim and positive identification evidence from Sally Deal.
When Martin makes a request for an attorney, he is invoking the Constitutional right to legal representation by a Counsel, lawyer or attorney under the Sixth Amendment to the US Constitution.
The case law that enables Stick to obtain a lawyer during questioning is the celebrated Miranda v. Arizona (1966) case.
I would, as a Prosecutor, enter into a deal with their lawyers in order to secure a conviction in case the imprint analysis on the car fails to indicate direct participation in the robbery.
Appointing Counsel
Before appointing Counsel, a plea clearly outlining the charges and their elements should be read loudly in open court to the accused.
Judge Fletcher has the choice of allowing self-representation, ask Martin whether he is intending or willing to waive his right to an attorney and carry out an inquiry into possibility of joint representation.
The case that supports Stick Martin’s right to Counsel under these circumstances is Gideon v. Wainwright (1963) by the US Supreme Court.
The Roles during Voir Dire
One basis the objection to the move to strike juror #9 of the jury pool would be that Joe’s Justice’s motion to strike the jury is ill-intentioned and based merely on jury #9’s racial background.
Yes, Justice Fairness can validly require Mr. Acquit the defense attorney to establish a prima facie case. This is because his objection does not fall under the peremptory challenge principle that allows attorneys to make objections to jury selection without necessarily having to prove the reasons for their objection. Only Joe Justice is entitled to this right. This is also based on the ruling in Batson v Kentucky (1986) where it was ruled that a defense attorney must establish a prima facie case for their objection to the Prosecution’s motion to strike a juror off a jury pool.
No, based on the peremptory challenge doctrine, Judge Fairness cannot force Mr. Justice to place on record a race-neutral reason for removing juror#9.
In my opinion, Mr. Acquit would support his objections using arguments such as the fact that replacing juror #9 would prejudice his client and that court’s time and resources would be wasted by requiring the jury selection process to be done afresh. Mr. Justice would, in my opinion, argue that juror #9 is not likely to be fair and impartial to the prosecution due to her self-confessed hatred for the police who are involved in the investigation and trial. According to Fukurai & Krooth (2012), possibility of racial prejudice could be a ground for objection for removal of a juror.
What Role would you choose?
I would choose to be a judge because he or she plays an important role in developing rich legal jurisprudence in the criminal justice system that guides future cases. He also plays the role of a referee by ensuring that a trial is conducted within the dictates of law and that parties adhere to legal procedural requirements that are important in a justice system (Gaines & Miller, 2012, p. 269).
References
Fukurai, H., & Krooth, . (2012). Race in the jury box: Affirmative action in jury selection. Albany: State University of New York Press.
Gaines, L. K., & Miller, R. L. (2012). Criminal justice in action. Arlington, Texas: Wadsworth Cengage Learning.
