Final Project - Research Paper:
Case Study 3 – DRUG DISTRIBUTION
By Michael Lindsay
Oliver W. Leigh
The first drug court began in Miami in 1989, by 2002 over 650 drug courts were established throughout the country (Guydish, 2002). Since the first drug court in Miami in 1989, the drug court movement has spread throughout the United States, influencing how drug-involved offenders are treated in the criminal justice system. The innovation of the drug court model and the fact that each court has been established and run somewhat differently, presents unique challenges to evaluators and others who want to know whether drug courts work, and whether they work better than traditional criminal courts. This paper describes a drug case where the suspect is found in possession of crack cocaine with intent of distribute with a previous criminal record.
BRIEF DESCRIPTION OF THE CRIME
Drug Distribution: On October 21, 2012 Sergeant Butler and Officer Brown stopped a car for failure to yield the right of way to a pedestrian. Driver Jeffery Cox, and passenger Amanda Watson. Police arrested Ms. Watson for an outstanding arrest warrant. During the arrest the officers discovered a substance, which tested positive for crack cocaine after field tested. The substance was in different packages. They also found $650 in small denomination bills, and no devices to ingest crack cocaine. Ms. Watson was arrested and charged with possession of Control Substance with intent to distribute, a felony.
DESCRIPTION OF THE PROCESS THAT THE OFFENDER WILL GO THROUGH During this process we will start with the arrest. When someone is arrested by the police, a specific series of events follow. The police must follow legal procedures during the actual arrest process (Lab, Holcomb, Burek, King, & Buerger, 2012). An arrest occurs when police takes the offender into custody and he or she is no longer able to walk away. In the example of the crime described above, there was enough evidence to make the arrest on Ms. Watson. After the officers made the arrest, Ms. Watson will be transported to the jail house for booking processes. During this process they will take fingerprints and photos, also known as mug shot. They will record all personal information such address, height, weight, physical characteristics and much more. The next step, after processing the delinquent, is to place a bail or bond on the person. In Ms. Watson’s case, she will probably have to wait to see the judge the next morning to determine whether or not placing a bail or bond on her is an alternative. This decision often depends on the severity of the crime. After the bail or bond has been placed, it will be followed by the arraignment. An arraignment is the first appearance an offender will have in court. It is here where they go from being a suspect to being a defendant in a criminal case. During the arraignment, the judge reads the criminal charges bestowed upon the offender, and makes sure the offender understand them. If at that moment the accused does not have a lawyer, present or hired, the judge will offer to provide one appointed by the court. In our case of study, during this audience Ms. Watson will be told that she is being charged with possession of a controlled substance with intent of distribute, and the judge will ask her if she understands the charges. The arraignment is followed by the plea bargaining. As we studied during the course of this class and, in my case in particular, in my mini paper 2, about 95% of cases are disposed by plea bargaining every year. In this case Ms. Watson has the opportunity to plea bargaining to lesser the charges; however, for the purpose of this paper I will state that Ms. Watson does not wish to plea bargaining and request criminal trial. After plea bargaining, comes the preliminary hearing. In this process, the prosecutor tries to convince the judge that there is enough...
References: Guydish, J. R. (2002). A Drug Court Outcome Evaluation Comparing Arrests in a Two
Year Follow-up Period. Journal of Drug Issues, 32(4), 1155–11729.
Lab, S. P., Williams, M. R., Holcomb, J. E., Burek, M. W., King, W. R., & Buerger, M. E. (2012). Criminal Justice the Essentials (3rd ed.). Oxford University Press.
Lynch, G. E. (2001). Criminal Law: Sentencing Eddie. The Journal of Criminal Law & Criminology, 91 (3), 547–566.
Devers, L. (2011). Plea and Charge Bargaining. Bureau of Justice Assistance U.S. Department of Justice. Retrieved from: http://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf
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