CRIMINAL LAW AND PROCEDURE

PLEASE ANSWER ALL QUESTIONS THOROUGHLY….THERE ARE FOUR QUESTIONS

Explain the differences between a misdemeanor and a felony charge?

Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions?

Finally, provide a definition in your own words, for the legal term, corpus delicti?

Why does corpus delicti have to be proven for there to be an effective criminal prosecution?

THIS ASSIGNMENT IS COMPLETED ABOVE, YOUR NEXT ASSIGNMENT IS TO:

Respond to at least two of your classmates’ posts.

Question the efficacy of all of the legal terms discussed in this discussion board with your classmates.

Do you think that this is the best way to handle previous case law, designate how a case is charged, and to ensure that an actual crime was committed?

Please offer alternatives to the current legal analyses in your responses to your classmates.

Remember; do not merely agree with your classmates without additional information. A substantive response advances the discussion in a meaningful way; merely agreeing with your classmates is not a substantive response.

PROVIDE FEEDBACK ON TWO CLASSMATES POSTS. THE LENGTH MUST BE 200 WORDS EACH POST. THERE ARE TWO FEEDBACKS YOU MUST DO. MUST BE POSITIVE FEEDBACK, PROPER GRAMMAR/SENTENCE STRUCTURE, AND ANY OUTSIDE SOURCES YOU USE THAT RELATES TO THE FEEDBACK FROM THE STUDENT MUST BE PROPERLY CITED/SCHOLARY SOURCE.

First Discussion Response from Electa Pifer

The textbook this week provided you with a wealth of information about key concepts in the foundations of criminal justice. In your primary response for this discussion, explain the differences between a misdemeanor and a felony charge.

In most criminal justice systems, a felony is a crime that may be punished by 1 year or more of incarceration (Wright, 2013). In most cases individuals convicted of a felony are incarcerated in prison (Wright, 2013). Felony is a serious crime, characterized under federal law and many state statues as any offense punishable by death or imprisonment (West’s Encyclopedia of American Law Edition 2, 2008).

A misdemeanor is a crime that may be punished by no more than 1 year of incarceration (Wright, 2013). The individuals convicted of misdemeanors usually serve their time in jails (Wright, 2013). Misdemeanor is offenses lower than felonies and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary (West’s Encyclopedia of American Law Edition 2, 2008).

The differences between a felony and misdemeanor charge is that a person is punished for the offenses committed one serves time in a prison for more than one year and the other serves time in a jail for no more than a year. These charges are used to classify where the criminal is punished and where the sentence will take them.

Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions.

Stare decisis is the legal doctrine used in common law in which a court follows the legal precedent set in earlier opinions (Wright, 2013). Legal precedent is a legal issue that has been previously determined (Wright, 2013). These two terms affect criminal prosecutions in different ways. For example, precedent was initiated in the criminal justice system because of the Miranda v. Arizona case because of failing to advise the subject of their rights which ultimately excluded the subject’s statement from evidence; sometimes the court doesn’t always follow stare decisis in which they modified or reverse a prior decision as a matter of legal principle (Wright, 2013). The way that they affect criminal prosecutions is that the courts will use these terms to ensure fair treatment and also find alternate details for legal proceedings.

Finally, provide a definition in your own words, for the legal term, corpus delicti. Why does corpus delicti have to be proven for there to be an effective criminal prosecution?

Corpus delicti is the facts of how a certain crime was committed. Corpus delicti has to be proven in order to allow an effective criminal prosecution because if a crime is committed and the known cause of the crime is not completely true it will lead to partial evidence. An example of this is the Casey Anthony trial in which she was being tried for killing her daughter and then covering it up for over a month. The substantial evidence during this case didn’t provide all the facts of when or how her daughter was killed, therefore, she was released because the facts didn’t add up.

References:

Wright, R. (2013). Introduction to criminal law and procedure. San Diego, CA: Bridgepoint Education, Inc.

felony. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved April 14 2014 from http://legal-dictionary.thefreedictionary.com/felony

misdemeanor. (n.d.) West's Encyclopedia of American Law, edition 2. (2008). Retrieved April 14 2014 from http://legal-dictionary.thefreedictionary.com/misdemeanor

Second Discussion Response From Kimberly Linker

After reviewing the information in your text and other relevant information I have found that misdemeanors and felonies differ in this way; misdemeanors are those crimes that warrant less time regarding sentencing. Usually a sentenced individual guilty of a misdemeanor is served in a county or local jail while some are remanded in a house of detention. Misdemeanors have a certain class ranging from A to E and vary in sentencing. Regarding the procedure for one found guilty of committing a felony, for them is a stiffer sentence is impose requiring a stay of more than a year. For the most part due to housing and overcrowding, one sentenced in this manner is transferred to a state or federal penitentiary depending on the nature of the crime. Like misdemeanors, felonies too vary in class with the most severe sentencing being that of capital punishment depending on the state the crime has been committed.

Regarding the phrase or terminology stare decisis, the cause and effect of this entity in a criminal prosecution stems from one having been given leniency if the courts do not stand or, abide by a specific ruling in a case as recommended by legislative statutes and the presiding judge. Without such clarity either the defendant will have to seek remedy elsewhere or, the prosecution well pleased with the outcome and having proved their case based on judgment and verdict. "However, there is another principle, the principle of generality, which requires all judges to base their decisions on general norms and not just leave them as freestanding particulars." (Waldron, 2012)

Where legal precedent is concerned and the affect it has on a criminal prosecution, it's existence can be realized in the neglect of its principle or passed on and taken into consideration. With the example given, the initiating of one's Miranda rights will help to establish a case where words utter by the defendant can be used as evidence which is more than enough to procure an conviction proving the prosecution’s case if statement is harmful. However, this can only take place in the occurrence of past incidences and how issues the likes of confessions or hearsay has been manifested in other cases ruled on courts of a higher echelon. "The compilation of legal precedence has begun to tip the scale of equity in favor of a powerless people." (Fisher, & Lisak, 2012)

Regarding a self-explanatory definition of the terminology corpus delicti, I deem or considerate to mean the essence of providing proof in the existence of a crime. This proof in most cases must be concrete and substantial for the prosecution to prove their case against a defendant rendering in a conviction. In retrospect to proving their case, prosecution must have evidence as this is the cornerstone of incrimination for the accused. Without such evidence and if a perpetrator or alleged individual has been charged and incarcerated with a pending trial or one in progress, lack of such evidence can result in a dismissal or acquittal based on evidence that is exculpatory.

References:

Fisher, C., & Lisak, E. (2012). TIPPING THE SCALE OF EQUITY: POLICE ENTRY. Mustang Journal of Law and Legal Studies, 3, 75-81. Retrieved from http://search.proquest.com/docview/1248136793?accountid=32521

Waldron, J. (2012). STARE DECISIS AND THE RULE OF LAW: A LAYERED APPROACH. Michigan Law Review, 111(1), 1-31. Retrieved from http://search.proquest.com/docview/1239561432?accountid=32521