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Trial by Jury and Sentencing Options
Based on the last Assignment scenario, you have been advised that the defendant has appealed his case to the District Court of Appeals, and the court has agreed to hear arguments as to the issue of police entrapment. Using material from credible online sources, answer the following questions:
Assignment Guidelines
Address the following:
1-What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain.
2-What options does the court have regarding the case in question? Be specific.
3-If the appellate court finds that the defense is valid and reverses the judgment, will you be held liable either civilly, criminally, or both? Will the department be held liable?
4-If you or the department is held liable, explain the theory involved.
Be sure to reference all sources using APA style.
Objectives:
—Differentiate the rules of procedure found in the 4th, 5th,6th, and 14th Amendments.
—Synthesize and apply the rules of procedure to fact patterns and cases.
—Summarize the steps involved in processing both a felony and misdemeanor case.
—Identify the legal issues presented in case analysis. Read and brief cases.
For assistance with your assignment:
Model Answer:
The U.S. legal system is set up so that individuals who have been convicted of a crime, declared guilty, and sentenced are entitled to use the appeal process in hopes of getting their conviction overturned. Most states have an appellate court system consisting of intermediate courts, or courts of appeals, and high courts, also known as state supreme courts. There are several options available to the court when a case is heard on appeal. The trial court verdict can be upheld, in which case the verdict stands. The appellate court may decide that the sentence imposed does not fit the crime and remand the case back to the court for a new sentencing hearing. Finally, the court may reverse the trial court’s decision, thereby freeing the defendant.
If the police willfully violate an individual’s constitutional rights, then they may be held criminally liable under Section 1983, Title 18, Section 242 of the U.S. Code. It must be shown that the officers violated the individual’s rights deliberately with intent. However, if it is found that this was not the case, the officer may still be held civilly liable for damages. For a department or supervisor to be held liable in this case, it would have to be shown that the department or supervisor knew or should have known that the officers acted inappropriately and failed to take corrective action.
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