You have been a federal narcotics agent with the U.S. Drug Enforcement Agency (DEA) for 5 years. Your unit’s arrest record is outstanding, and you are considered to be the upcoming “hot cop,” and maybe one day, the future SAC (Special Agent in Charge) in a large city. Because of your record and ambition, your supervisor has tasked you with giving a presentation to the DEA academy recruits on the criminal justice process for your jurisdiction. You understand that each federal jurisdiction is the same with only a few small differences in their procedures, but you will give the class based upon jurisdiction in which you
live (e.g., in the U.S. District Court for the Southern District of West Virginia). Someone else will do the PowerPoint slides for you once you have written your paper. Your supervisor wants you to take the case of Jimmy Abshire, who is a local drug dealer you legally arrested a few days ago with 2 kilos of cocaine, 14 kilos of marijuana, 2 pistols, 1 sub-machine gun, and $67,000 in cash. You will use Abshire’s case as an example for your class. You just got in a check of his DNA, which links him back to a sexual assault that took place about a year ago, and the link places him at the sexual assault alone with the victim. Make sure that your paper discusses the following:
- Your supervisor wants you to explain to the class each step in the criminal justice procedure (initial appearance, Miranda rights, bail hearings, preliminary hearing, pretrial hearing, trial, sentencing, etc.). At a minimum, explain which step comes in which order, and explain what happens in the steps.
- What charges do you think that the drug dealer should have (State or Federal)?
- When does the “right to counsel” attach to the defendant? Name and briefly explain 3 constitutional rights that the defendant has during and prior to trial. Also, you will want to address whether the defendant has a right to appeal his conviction if he is convicted, and to which court(s).
- What is the role of the judiciary in this case? The role of U.S. Attorney’s office? The role of your office?
- What is the legal analysis of the DNA evidence and the other real evidence that you have collected?
Remember that your paper (which your supervisor will review) is to serve as the basis of your class, so you want it to be complete and accurate.
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