Capital Punishment and it Issues

Instructions

Jesse James, a 20-year old, was arrested for killing a police officer. As a newly elected prosecutor, you are responsible for prosecuting Mr. James. You announce your decision not to seek the death penalty in this case, but under your states law, the offense charged is considered special circumstances, which would qualify as a death penalty case. Your decision does not sit well with the law enforcement community.Assignment GuidelinesAddress the following in 9001,200 words:List the various hearings that will typically occur and how the case is affected by each event.Provide an overview of the various courts in the typical state system where Mr. James will appear and why he is appearing there, from arraignment to trial and the various levels of appeal. Be sure to provide specific information as it relates to any constitutional issues that may be raised at each stage in the process.What are the potential hearings that might be involved in this case? Be sure to describe them from the time of arrest through appeal.What are the relevant civil liberties issues pertaining to the 4th, 5th, 6th, 8th, and 14th Amendments present in this case?Be sure to reference all sources using APA style.

Answer

The hearings that will occur in the first instance are the bail hearing, which in certain instances, is also called the arraignment. This hearing is special because it is not only the first one, but it is the hearing that secures one release from the police cells. However, it is to be noted that it is not automatic that one will be released once the bail hearing has been concluded. The hearing is a legal process where the prosecution will argue in most cases that the suspect should not be released. The defense side will be arguing on the grounds that would secure the suspects freedom (Unayah and Sabarisman 2015). The other hearing is the preliminary hearing. Here the prosecution will be working its case where it will try to prove to the court that there is a case for the suspect to answer,...
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