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Law
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Case Study
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Topic:

Texas Uses Determinate Sentencing Guidelines

Case Study Instructions:

Unit VII Case Study
Weight: 12% of course grade
Grading Rubric
Instructions
Your assignment for this unit is to complete a case study that follows an accused person through the criminal justice system. Use the scenario below for completing your case study.
An arrest warrant was recently issued for Robert for his involvement in the armed robbery of a convenience store. Robert was allegedly driving the getaway car used in the robbery. During the robbery, the convenience store clerk was shot, and the clerk is in the hospital in critical condition. After reviewing surveillance video from the convenience store, police identify and arrest the suspected gunman, who identifies Robert as the driver and says he used Robert’s gun and then stashed it in the trunk of Robert’s car. Police also identify Robert’s car from the tag number in the surveillance video. Robert is no stranger to the criminal justice system. His previous record includes several shoplifting, loitering, and receiving stolen goods misdemeanors and two felony convictions for carjacking over the last 10 years.
Address the criteria listed below in analyzing Robert’s case study scenario.
Describe the search, seizure, and arrest procedures police may follow in this case.
If Robert is convicted of felony charges, describe any sentence guidelines or information (e.g., determinate/indeterminate; mitigating/aggravating) that may affect his sentence, including his previous criminal record. Discuss specific sentencing guidelines in your state and if Robert may face consequences due to the three strikes laws. If Robert’s attorney is able to get his charge reduced to a misdemeanor, how will his sentencing differ?
Using the city and/or state where you live, describe a correctional facility or probation agency where Robert will serve time based on each of the following conviction scenarios. Provide the name, location, and demographics of inmates/probationers at each facility or supervising community corrections agency, and discuss any education or rehabilitation opportunities available at each facility or within the community.
The store clerk who was shot during the robbery dies, Robert’s charges are upgraded, and now Robert may face the death penalty.
Robert is convicted of a lesser felony and is sentenced to state prison for 5 to 10 years.
Robert negotiates a plea bargain and is convicted of a misdemeanor and sentenced to 10 months in county jail and 3 years on probation.
Your completed case study should be at least two pages in length and include at least three outside sources, one of which may be your textbook. At least one source must come from the CSU Online Library.
For more information about finding sources, view the tutorial How to Research Criminal Justice Topics. You can also access the transcript of the tutorial How to Research Criminal Justice Topics. Adhere to APA Style when creating citations and references for this assignment.

Case Study Sample Content Preview:
Texas Uses Determinate Sentencing Guidelines
           In criminal law, search, seizure, and arrest are conducted on suspects during investigations to determine their participation in criminal activity before they are arraigned in court. Search, and seizure involves examining a suspect's property to find sufficient evidence that the person has committed a crime (Dowling, 2015). The process leads to the offender's arrest and conviction. Based on Robert's case, police should first identify a probable cause before conducting a search, seizure, and arrest of the suspect. A probable cause is a piece of evidence that implicates a suspect in the crime. Once establishing a probable cause, the law enforcement agents will obtain a search warrant from the state judge to allow them to inspect Robert's car and seize specific items. The Texas criminal law requires the police to present probable cause to obtain a search warrant (Dowling, 2015). If police officers find items connected to the crime, they will arrest the suspect based on the evidence collected during the search. The officers will then remind the suspect of his Miranda rights as they take him into custody. 
           In Texas, armed robbery is charged as a first-degree felony or aggravated robbery because it involves the theft and the use of a deadly weapon, which the law considers an aggravating crime factor (Vance, 1974). Being charged with armed robbery, Robert risks facing up to 99 years in prison or life imprisonment as dictated by the Texas statute (Vance, 1974). However, determinate sentencing and the defendant's previous criminal record may affect Robert's sentence if he is convicted of felony charges. Texas uses determinate sentencing, meaning the penalty for a crime is decided according to the previously set sentencing standards (Spolin, 2021). This guideline has defined a sentence that a parole board or other agency cannot change. If applied, Robert may have a fixed sentence with limited possibility of parole or probation. Equally, Robert's criminal history may increase penalties, including a longer sentence.  
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