STOP THE VIDEO @ 29:30 SEC
View the Movie Nothing Cuts Deeper
In the video, “Cri
STOP THE VIDEO @ 29:30 SEC
View the Movie Nothing Cuts Deeper
In the video, “Criminal Justice: Nothing Cuts Deeper” a young girl, Denise Moore, is robbed and slashed across the face by an unknown assailant. After the altercation, Denise Moore identifies her attacker to be Jesse Williams. The film portrays the entire process of the criminal justice system.
The movie is 1 hour and 30 minutes. Viewer Discretion is Advised
The video contains graphic depictions of violence and profanity. Any given movie may have realistic and disturbing portrayals of crime and violence.
Learning Outcomes
Analytically view the video and recognize the construction of crime and justice (e.g., police, attorneys, judges, courts, and detention facility).
Demonstrate a general understanding of critical terms and concepts relating to crimes, arrest, criminal, and court procedures.
Demonstrate an enhanced ability to employ evidence/information in conducting a comprehensive analysis of an issue or problem.
Provide oral and written communication skills with particular emphasis on persuasive argumentation regarding criminal and court procedures
Instructions
Observe and evaluate a movie and alleged crimes.
Track crimes from initial investigation/arrest through the arraignment and probation stages.
Start and stop the movie to address each stage of the arrest.
Evaluate, assess, problem solve, and write a response to each stage of the investigation.
Read the definition of each procedural stage and write a reflection based on the criminal incident and stage of criminal and court proceedings.
Upload a comprehensive written response to all questions.
Upload a video reflection (5-7 minutes from the first 30 minutes) regarding your overall perspective of the criminal incident.
Part One
Pre-arrest Investigation: A pre-arrest investigation is the stage of criminal procedure that takes place after a report of suspected criminal activity or law enforcement otherwise becomes aware of such activity, but before an arrest is made. Law enforcement investigates whether a crime has occurred and whether an arrest should be made. If law enforcement determines that the evidence uncovered during pre-arrest investigation reveals that a crime was committed and a suspect is identified, law enforcement may arrest the suspect or, depending upon the jurisdiction, present the investigation results to the prosecuting attorney. If the jurisdiction is one in which the prosecuting attorney becomes involved pre-arrest, the prosecuting attorney generally decides whether and what charges to file; only after such determination does an arrest take place. (Discuss Alternatively, after an investigation, law enforcement may determine that there is insufficient evidence to pursue the matter, and no arrest is made. Discuss how the Police became aware of the alleged crime and discuss any evidence at the crime scene. Discuss if you think the criminal investigators possessed or did not possess adequate probable cause for an arrest. Discuss your thoughts about Jessie agreeing to go to the precinct. Do you think Jessie’s outcome would have been different if he exercised his 5th Amendment Rights earlier? Later the prosecutor visits the crime scene with the investigator. Do you think this helps the prosecutor to get a better perspective of the case by visiting the crime scene? Explain. Photo Lineup: A presentation of photographs to a victim or witness of a crime. A photo lineup, also known as a photo array and or photo display, is a procedure used by law enforcement personnel to discover or confirm the identity of a criminal suspect. Generally, a police officer shows a set of photographs to a victim or witness and asks whether he or she recognizes one of the persons in the photographs as the perpetrator. Identification of a suspect can be used to place the suspect under arrest, and the act of identification may be used later as evidence in the prosecution of the defendant. A lineup is different from a show-up in that a lineup requires the witness to identify the suspect from a group of people while a show-up is a one-on-one identification. A photographic identification or commonly known as a photo array is the least reliable form of identification The Supreme Court has ruled that the photo lineup should not be unduly suggestive (Manson v. Brathwaite, 432 U.S. 98, 97 S. Ct. 2243, 53 L. Ed. 2d 140 [1977]). That is, a photo lineup should not be conducted in such a way as to highlight the suspect and elicit an identification of the suspect. If a photo lineup is unduly suggestive, any affirmative identification of a suspect may be excluded from her or his subsequent prosecution. Police officers typically avoid suggestive photo lineups because they are interested in apprehending the right person. Toward this end, they may ask a witness to look at more than one photo lineup containing the suspect to see if the witness can identify the suspect more than once. Each photo lineup may contain as many as six or more photographs of different persons. Furthermore, to be effective, a photo lineup should contain pictures of persons who look like the suspect. For example, if police suspect a Caucasian male and a witness remembers seeing a blond, light-skinned male, the photo lineup will not consist of five pictures of dark-haired, dark-skinned males and one picture of the suspect. Discuss the circumstances regarding identifying the suspect in this case. Do you have concerns regarding the victim identifying the person of interest? Discuss what you thought of the Criminal Investigators’ ability to get the person of interest to agree to a Photo Line Up and the victim to agree to the photo lineup. Jessie asserts that the people in the lineup looked nothing like him, after viewing the lineup do you think the lineup results were flawed; and if so should they be suppressed because it may have violated Manson vs Brathwaite? Explain Arrest: An arrest occurs when the individual accused of a crime is taken into custody by law enforcement. Generally, an arrest may be made in two ways: 1) if a law enforcement officer arrives at the scene of the crime and determines that there is probable cause for an arrest, the officer can take a person into custody immediately, or 2) the officer may arrest according to an arrest warrant. The requirements for making a proper arrest and obtaining a warrant vary jurisdiction-to-jurisdiction and often depend upon whether the crime at issue a felony or a misdemeanor. Discuss the probable cause for the arrest, the Miranda Warning, and the suspect’s reaction to being arrested and taken to jail. Alibi: A defense to a criminal charge alleging that the accused was somewhere other than at the scene of the crime at the time it occurred. Discuss and or reflect on the defendant’s Alibi that was provided to his Public Defender. Do you think the mother was being truthful regarding her son’s Alibi? Explain. Do you think she was lying and covering up for her son? Parole: A conditional release of prisoners before they complete their sentence. Paroled prisoners are supervised by a public official, usually called a parole officer. If paroled prisoners violate the conditions of their release, they may be returned to prison. For example, paroled prisoners often must get and keep a job, avoid drugs and alcohol, avoid their victims, not commit any crimes, and report regularly to their parole officer. If a paroled prisoner violated his parole by violently assaulting someone, he would probably be returned to prison. If he ran a stop sign, he probably would not be. Discuss the comments regarding Parole Rap Sheet: A record kept by law-enforcement authorities of a person’s arrests and convictions. Release on Recognizance or Bail: A release on your recognizance (ROR), also known as an own recognizance (OR) or personal recognizance (PR), is a written promise signed by the defendant promising that they will show up for future court appearances and not engage in illegal activity while out on a ROR. Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting for a day or longer to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can often get out of jail quickly by paying the amount set forth in the stationhouse bail schedule. The Eighth Amendment to the U.S. Constitution requires that bail not be excessive. This means that bail should not be used primarily to raise money for the government; it’s also not to be used to punish a person for being suspected of committing a crime. Remember: The primary purpose of bail is to allow the arrested person to remain free until convicted of a crime and at the same time ensure his or her return to court. (For information on what happens if the defendant doesn’t show up, see Bail Jumping.) So much for theory. In fact, many judges set an impossibly high bail in particular types of cases, knowing that the high bail will effectively keep the suspect in jail until the case is over. (The U.S. Supreme Court has indicated that pretrial detention on the basis of dangerousness is not per se unconstitutional (United States v. Salerno, 481 U.S. 739 (1987). Discuss your opinion on the defendant’s rap sheet and if he should have been released on ROR Do you think it’s fair that the poor generally can’t afford to pay bail compared to the wealthy? Initial Appearance or Bond Setting: Generally, as soon as practicable following arrest, the accused must be brought before a court. At the initial appearance, the court will inform the accused of the charges and advise the accused of his or her rights to counsel and remain silent. The defendant may be released at the initial appearance. Discuss your overall perspective of the Bond setting and Bail Grand Jury: (Not all jurisdictions have grand juries) A felony case is usually commenced by grand jury indictment or a preliminary hearing, which is discussed below. If instituted by a grand jury, the prosecutor goes to the grand jury to ask the grand jury to indict an accused. A grand jury is a group of private citizens who conduct proceedings, generally with the grand jury members sworn to secrecy. The proceedings consist of the prosecutor presenting evidence and providing legal advice to the grand jury. As part of its investigation, the grand jury has the power to compel testimony, including the testimony of a crime victim. After hearing the evidence presented by the prosecution, and through its investigation, the grand jury votes on whether the case should be indicted or dismissed. SC Grand Juries do not resemble the Grand Jury in the movie. This Grand Jury looks resembled an actual court case. SC Grand Juries are a lot more informal. What are your thoughts on the Grand Jury proceedings and their ruling? Do you think the defendant using crack was relevant to this case? Explain Preliminary Hearing: A felony case may also be commenced by a preliminary hearing held within a reasonable time of the filing of the information. If commenced by a preliminary hearing, the defendant has the right to be present and to be represented by counsel at such hearing. At the hearing, the prosecutor and the defense attorney can each present evidence to establish or challenge whether probable cause exists to believe a felony was committed, and whether it was committed by the defendant. This evidence can include testimony, including that of the victim. Generally, limited discovery is available to the defendant at this stage and, during the presentation of evidence, the defense is generally allowed to cross-examine any of the state’s witnesses, including the victim. If the court finds there is probable cause to believe a felony was committed by the defendant, the defendant is “bound over” for trial. A defendant may be released at this stage. If the court finds there is no probable cause to believe a felony was committed by the defendant, the court must dismiss the case and release the accused. Arraignment: After charges have been brought, whether, by information or grand jury indictment, the defendant is arraigned. At the arraignment, the defendant is formally informed of the charges, given a copy of the indictment or information, and enters a plea responding to the charges. A defendant may enter a plea bargain at the arraignment. Even if a defendant does not enter a plea, the defendant may be released. Discovery & Motion Practice: Discovery is the pretrial process by which the prosecutor and the defendant exchange information and material about the case. Discovery is an intricate process governed by each jurisdiction’s rules of criminal procedure. It is important to remember that the criminal defendant has no constitutional right to discover information from the victim. In addition to discovery, and often stemming from discovery, there is usually considerable pretrial motion practice. “Motion” is the name for the papers filed with the court asking it to do something in the case. Motions by the defense may include motions to dismiss the indictment, suppress evidence, or introduce specific evidence at trial such as “rape shield” evidence. Motions by the state may include a request for reciprocal disclosure or a request for the defendant to disclose alibi or psychiatric evidence. A crime victim’s attorney may also bring motions asserting the victim’s rights. These may include motions to quash a subpoena, to protect a victim’s identifying information, or to preclude the press from certain hearings. Motion to Suppress Evidence At times, overzealous and unwarranted police action can result in evidence being obtained against you that is not relevant to the case, that is obtained illegally, or that should not have been obtained in the first place. When this happens, your lawyer can file a motion to suppress the evidence that was obtained in this manner. Oftentimes, this motion can be written and sent to the court. However, at times your lawyer and the prosecution may need to have a suppression hearing in front of the judge to determine the next proper course of action. The judge makes the final ruling in these hearings. If your lawyer is successful in suppressing evidence, you may see different charges, or the prosecution may not be able to hold a case. Motion for Dismissal A motion for dismissal is a tactic your lawyer can employ to get the court to dismiss the charges completely. This is often used when a suppression motion removes key evidence, or when the pre-trial proceedings have been delayed, effectively delaying the trial. On top of this, the prosecutor may choose to dismiss charges based upon further plea bargaining or examination of the case. Once dismissed, you are free to go and move straight on to the expungement process. Plea Bargaining & Entry of Plea: Instead of going to trial, a defendant may plead guilty under a plea agreement. A plea agreement is an agreement that the defendant will plead guilty to the original charge, or another charge, in return for a concession from the prosecutor. Typical concessions include 1) dismissal of other charges; 2) recommendation of a particular sentence or agreement not to oppose defendant’s request for a particular sentence; or 3) recommendation for, or agreement on, another appropriate disposition of the case. After a plea agreement has been reached, the plea is presented to the court, and the court may do one of three things: 1) reject the plea agreement; 2) discuss alternatives to the plea agreement that are acceptable to the court; or 3) accept the plea agreement. If the court rejects the plea agreement, the defendant may withdraw the guilty plea. Continued Plea Bargaining During this period, your attorney can also continue to plea bargain with the prosecutor. In certain circumstances, you may be looking at reduced charges if an agreement is reached, If so, a guilty or no contest plea may put things in your favor. Remember: a trial can be a long, grueling, and expensive process for you, for the courts, and for prosecutors. The prosecution may want to avoid letting a trial take place and can settle for lower, or dismissed, charges if the situation continues. Do you think the defendant made the correct decision not to plea bargain, based on his rape sheet and the charge he is facing? Trial: A trial is the proceeding during which evidence is presented and guilt is determined. A trial is held before a jury or, if the defendant waives the right to trial by jury or for certain misdemeanors, before a judge, which is called a bench trial. Generally, a trial proceeds as follows: Voir dire: The process by which a jury is questioned and selected. In a capital case, voir dire is split into two phases: the death qualification phase and the general voir dire phase. Guilt Phase: The guilt phase generally begins with the prosecutor’s opening statement. The defense then has the option to make an opening statement or, in some jurisdictions, reserve its opening statement for the beginning of its case-in-chief. The prosecutor presents the state’s direct case after which the defense may move the court to acquit, arguing that there is legally insufficient evidence to convict. If the defense motion is denied, the defense presents its case-in-chief. Following the defense case, the prosecutor and defendant may each present a rebuttal case. The defense may then again move for an acquittal. If the defense motion is denied, closing arguments are presented by each side; the order of these is jurisdiction-specific. Following closing arguments, the case will be submitted to the jury or bench for deliberation and the return of a verdict. Public Defender: is appointed by the Court to represent defendants in criminal court who are financially indigent. All Public Defenders are attorneys who have been licensed to practice law in the state of South Carolina. There are more than 200 Public Defenders serving those in need within our state. For more information and for assistance, contact the Public Defender’s office for the county where you have been charged with the crime. Do you think it was a good idea for the Defense Attorney not to introduce the Alibi to the Grand Jury? Why or Why not. Stop the Video at 29 minutes 30 seconds.
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