Paper Example on Criminal Justice Process: Investigating Crime to Release From Correctional Services

Introduction

Criminal justice involves a process that includes multiple steps starting with the investigation of crime and ends with the release of a convicted of a crime from the correctional services. Decision making and rules usually occur during the criminal justice process. Rules are referenced from various sources such as the Bill of Rights, U.S. Code, U.S. Constitution, , among others, to arrive at a decision. The article discusses procedures involved in the case of three men, namely and Bert, Walsh, and Jones, who were arrested as suspects of criminal assault and rape of a girl aged 14.

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Court Ruling on Bert’s Motion for Severance in the Case

The attorney demonstrates that Bert was present when he hit the girl based on Bert's evidence. The act was regarded as intentional to ensure he weakens the girl to advance his sexual assault agenda. As a result, the court needs to offer and ensure its rules in a verdict contrary to Bert's evidence. Since Bert engaged in the weakening of the girl, the assumption would be that the act was intentional to facilitate rape attempt. Bert mentioned and held that he did the weakening before the court. The reference point of the ruling should be based on section 22 of the U.S. Constitution, CAP 265, which focuses on title IV of the 189th general court of Massachusetts. The law discourages any unnatural sexual act that is established under the injustice act and sexual assault. If an individual commits such an act is expected to be jailed for 20 years, and no bail is granted (Cocca, 2017). Allegiance and confirmation of Bert that he actually hit the girl should be perceived as a reliable evidence that led to the incidence of rape.

Prosecutor Actions Following the Statement Bland After Filing of Charges Against Walsh

The statement about additional information obtained by the police from Band is crucial as it can prove the act of crime of the three persons. Consequently, it is essential for them to provide that Bland offers full information, especially in person before the court. The prosecutor needs to invite him to the chamber and provide the overall evidence about the statement mentioned by the police. Further, a different approach to address a statement from Bland involves the prosecutor setting up a tribunal to facilitate investigation determine the authenticity of the statement primarily for reliability purposes regarding the case (Woodhams et al., 2019). Nevertheless, the law needs to be applied to Walsh and prosecute him since he failed to offer the statement of Bland as possible before the case was filed before the court of justice by the prosecutor. Analysis should be made on Bland's statement to establish its authenticity. If it is not provided earlier, the statement will likely be termed a defense strategy from Walsh. The prosecutor should avoid concentrating on the statement but determine whether the three individuals were involved in the crime.

Court’s Ruling on Bert’s Motion to Continue Regarding Mook

Bert highly depends on Mook as a witness since he is a suspect. Mook is scheduled to take two months to be back from the trip he went for mountain climbing, the court is not expected to detain Bert for the period Mook is away. Section 2332b of the U.S. Constitution of Title 18 requires such a person to be released on a cash bail of 10 percent. The term of the bond is expected to be within two and a half months, the projected time the trip that Mook went will end (Cocca, 2017). Nevertheless, it can be seen that the evidence of the prosecutor is covered under a considerably soft argument of determination. The reason is that the accused individuals are not fully responsible for the conduct, although it is clear Bert committed the crime based on evidence provided against him. Besides, Bert had also admitted that he hit the girl, causing her weakness and that the rape advance would be facilitated.

References

Woodhams, J., Taylor, P. J., & Cooke, C. (2019). Multiple perpetrator rape: Is perpetrator violence the result of victim resistance, deindividuation, or leader–follower dynamics?. Psychology of violence. https://doi.org/10.1037/vio0000255

Cocca, C. (2017). Statutory Rape. The Encyclopedia of Juvenile Delinquency and Justice, 1-6. https://doi.org/10.1002/9781118524275.ejdj0049