Roles of the Legal System, Essay Example

The judicial branch of government presides over designating the punishments for crimes and protecting the public from those that commit crimes. The roles within the legal system are essential in the process of the criminal justice. The roles of judge, defense attorney, and prosecutors are there to make sure justice is serve to not only the public, the victims, but also the accused. The purpose of this essay is to provide an explanation of the roles of the legal system in pertains to the felony prosecution of suspects Slick Martin and Jim Lawbreaker. By examining of the cases of Gideon v.Wainwright (1963) and Miranda v.Arizona (1956), and the Fifth and Sixth amendments that apply to the fact pattern.

The grocery clerk Sally Deal told the law enforcement that an armed man entered the store and demanded money.  The grocery stocker Jim Logan gave the police a description of the getaway car he saw in the back of the store. The suspect, Jim Lawbreaker confessed he was outside in the getaway car waiting as Slick Martin robbed the store.  The suspect Jim Lawbreaker wanted to strike a plea deal by testifying against Slick Martin, although Martin denies any knowledge about the robbery, and requested a lawyer.  Joe Justice is the prosecutor of the state of Ohio, who received the felony packet investigation of local grocery store robbery with the suspects Jim Lawbreaker and Slick Martin.The problems lie in the fact that thefingerprints, tread impressions analysis, and the fingerprints are not completed when the packet was submitted. Joe Justice has an only a few available options, where Justice can wait for the physical evidence to be analyzed to charge both the suspects with aggravated robbery, and can use the testimony from the grocery and stocker to get a conviction.The other option is to go ahead with Lawbreaker’s plea deal, giving Lawbreaker a lesser charge with a minimal sentence of two years. The prosecutor will then have enough evidence to bring Lawbreaker in as an accomplice testimony, and eyewitness testimonies to present to the Grand Jury. This will enable the prosecutor to get an indictment of charges against Slick Martin. When Martin requested a lawyer, he invoked his Miranda rights, which incorporates the Fifth Amendment,  and covers Martin from self-incrimination and has a lawyer present when questioned, determined by case law Miranda v. Arizona (1966). The case is central to protecting the accused when in police custody and when they are under interrogation by law enforcement.

When at the formal arraignment the role of the judge is to read the charges aloud in order for the accused to be inform of their charges and their rights. The judge can ask if Martin is able to afford a lawyer, or they can appoint a lawyer for them. Determined by case law Gideon v. Wainwright (1963), the accused can uphold the Sixth amendment, which is essential for the defense lawyers role in counseling the accuse of the law and their options.  If I were the prosecutor, I would strike a plea bargain with Lawbreaker in exchange for his cooperation with testifying against Martin, and charge Martin with aggravated robbery.In order to seal the deal, I would present both the physical evidence from the robbery, and the testimonies of Sally Deal and Joe Logan to get a conviction. When choosing the jury pool, the objection to Juror #9. Mr. Acquit can be requested by the judge to force a prima facie case. The judge can force Mr. Justice to place on record the reason for removing Juror #9. Mr. Acquit can then argue that Juror #9 should not be removed based on her past because it does not affect the case.  Mr. Justice can argue that Juror #9 harbors a prejudice against the police, so they will have a bias against the police evidence. In choosing the career path, the role of the defense attorney would suit me because they will work to disprove the allegation and the evidence brought against their client in hopes to secure their innocence. Where people have been found guilty from corruptions and misappropriations from the law, the defense attorney can prove to be an ally to the client.

References

Aggravated Robbery. (n.d). The Free Dictionary. Retrieved from http://legal-dictionary.thefreedictionary.com/Aggravated+robbery

Gideon v. Wainwright Facts and Case Summary. (n.d). United States Courts. Retrieved from http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/sixth-amendment/right-counsel/facts-case-summary-gideon.aspx

Miranda v. Arizona Facts and Case Summary. (n.d). United States Courts. Retrieved from http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fifth-amendment/miranda-criminal-defense/facts-case-summary.aspx

Prosecution Function.  (n.d). America Bar Association. Retrieved from http://www.americanbar.org/publications/criminal_justice_section_archive/crimjust_standards_pfunc_blk.html