Criminal Procedure IP 5 Solution Needed

Question: #103

Task Name:

Phase 5 Individual Project

Deliverable Length:

1,500–1,750 words

Details:

Weekly tasks or assignments (Individual or Group Projects) will be due by Monday and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.

Based on your Phase 4 Key Assignment scenario, you have been advised that the defendant has appealed his case to the District Court of Appeals, and the court has agreed to hear arguments as to the issue of police entrapment. Using material from your text and other credible online sources, answer the following questions:

Assignment Guidelines

Revise the Phase 4 Key Assignment based on instructor feedback and peer review.
Address the following, and add your responses to your Key Assignment revision:
What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain.
What options does the court have regarding the case in question? Be specific.
If the appellate court finds that the defense is valid and reverses the judgment, will you be held liable either civilly, criminally, or both? Will the department be held liable?
If you or the department is held liable, explain the theory involved.
Be sure to reference all sources using APA style.

Solution: #106

SOLUTION 100 % CORRECT

What is the difference between an intermediate appellate court and a high appellate court? Are they referred to by other names? Explain.

The intermediate appellate court is consisting of the State Appeals Court, and the State Supreme Court is what the intermediate appellate court is referring too (Hall, 2005). The high appellate court would be the US Court of Appeals, and the US Supreme Court (Hall, 2005). The intermediate will hear cases that occur in that particular state.

If the defendant(s) do not agree with the intermediate court decision on their appeal, then, the defendant(s) can take their appeal to the high appellate courts in the criminal justice system (Hall, 2005). Once the US Supreme Court has a chance to look at the case, and renders a decision, then, the appeals process stops (Hall, 2005).

What options does the court have regarding the case in question? Be specific.

According to the author, Michael C. Dorf stated, the cases should be solely on concrete facts concerning the case, as to oppose, what is hear say, but this will be deciding for all cases in the future. Michael C. Dorf goes on to say, article 3 contains both a concreteness norm and an abstraction norm (Dorf, 2008). Dorf goes on to say, Article 3’s invocation of the Judiciary Power will rest upon the assumption that judicial decisions are necessarily abstract or general (Dorf,2008). Dorf goes on to say, the percept that like cases should be treated a like, which would be rooted both in the rule of law (Dorf, 2008).

If the appellate court finds that the defense is valid and reverses the judgment, will you beheld liable eith...