Administration of Justice (Term Paper Sample)
You’ll write an essay based on the facts presented below. When you’ve completed this project, submit it to the school for grading following the instructions provided. Below you’ll find four fact patterns and four questions based on those fact patterns. Research and compose an essay that incorporates your answers to each of the four questions posed. Remember that your work should reflect college-level skills.
Fact Pattern 1
Judge Lee is presiding over a burglary case in criminal court. The defense attorney, Marsha Smith, is a friend of the judge and belongs to the same political club. The prosecutor on the case, Frank Bailey, asks the judge to recuse himself and to refer the case to another judge, based on the relationship with Ms. Smith. Judge Lee refuses to do so and states on the record that despite knowing the defense attorney, he feels he can still be fair and impartial in the matter. Judge Lee runs into Ms. Smith after a political club meeting and they discuss the facts of the case. The judge tells the defense attorney that it doesn’t sound like a very strong case and suggests that she consider waiving a jury. Ms. Smith discusses the matter with her client, including her conversation with the judge, and they decide to waive a jury trial. Judge
Lee finds the defendant not guilty after the nonjury trial.
Fact Pattern 2
Probation Officer Holmes is responsible for supervising the probation of a local restaurant owner who was placed on probation for driving while intoxicated. Under the terms of the probationary sentence, the restaurant owner is required to refrain from going into any establishment that serves alcoholic beverages, including his own restaurant. P.O. Holmes visits the restaurant at least twice a week, where the owner
personally seats him, serves him dinner, and shares a bottle of wine with him. P.O. Holmes never pays for the meals or the wine and doesn’t file any violation-of-probation charges against the owner.
Fact Pattern 3
Police Officer Jones pulls over a vehicle that’s being driven by a 25-year-old female, Nancy Martin. The car was traveling at a high rate of speed through a school zone. Ms. Martin tells
the officer that she already has two speeding convictions on her license and that a third will result in mandatory revocation.
Officer Jones tells her that they could possibly “work this out” if she agrees to meet him later for dinner and drinks.
Ms. Martin consents and gives the officer her telephone number.
She drives away without receiving a speeding ticket.
Administration of justice
The administration of justice is a structure and procedure that allows for settlement of conflicts between parties by a body dedicated to that purpose. Federal criminal rules govern the procedure of all criminal proceedings in the US Supreme Courts, US courts of appeals, and district courts in the US.
All these cases from fact pattern 1to 4 violate federal criminal law because in all the four patterns there is an attempt by law enforcing officers to apply their powers in the wrong way by making rulings in a way not prescribed in the constitution. Federal criminal laws do not allow intentional acts by law enforcing officials to misuse their positions by unlawfully depriving people of their rights as per the constitution, such as the right to be free from illegal arrests and searches, unwarranted assaults, and property theft. Thus, law enforcers in all the four cases are using their powers unlawfully to determine cases. For instance, the conducts of Holmes Officer on violating probation laws, which varies among the states ruled by federal criminal laws that occurs when one ignores, avoids, refuses, or break the terms and conditions of probation at any time during probation. Probation mostly takes time for one to three years, but May last for number years depending on the kind of offense. Violating Probation laws occurs in various ways such as, not reporting to your probation officer at the scheduled time or place, not paying any required fines to victims as ordered by a court, and not appearing during a scheduled court appearance on the required time and date. Besides, paying a visit to specific people, places, or traveling out of state without authority of probation officer, and Possessing using or selling illegal drugs, Committing other crimes or offenses and Getting arrested for another offense, regardless of whether you are criminal or not (Milde, 2006).
The conduct of the law enforcing officers in the four fact patterns violates Criminal laws, which are a set of rules, and regulations that define the conduct not acceptable by the government because they threaten and harm public safety and welfare that sets the punishment imposed for commission of such violations. For instance, J...
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