Terry v. Ohio: Public Order Model of Criminal Justice
Summary
Terry v. Ohio case represents the public order model of criminal justice. It is conditioned by the fact that the policeman took control of the situation and used his power to investigate the case. The court ruled that the police officer’s actions were reasonable for his own protection; however, it is against the Constitution, and I find this decision incorrect. Torres v. Madrid is a relatively similar case since it refers to the violation of authority.
Meanwhile, the second case demonstrates the implementation of due process since the police officers arrested and searched the defendant’s home without an order. The ruling was that the seizure of Weeks’ personal possessions was unconstitutional. The decision is correct as it protects fundamental human rights. Wieman v. Updegraff case is similar to this one as it refers to the violation of due process as well. The due process and public order systems can exist simultaneously in case the suspected has too much power, which needs to be limited. Yet they are granted the constitutional rights as any other individuals. However, the rulings may delete each other, for the opposing sides of the debates may propose different decisions.
Case Analysis
Tony Soprano commits a felony; he robs a convenience store and is caught on a surveillance camera. An hour later, Soprano is stopped by the police officers who retrieve the gun and the sum of stolen money, while the criminal himself is taken into custody. As seen from the case, the specific statuary crime that occurred is an armed robbery involving weapons, and aggravated robbery, when someone brings a deadly weapon.
Tony Soprano committed the armed robbery at 2 a.m. at a convenience store. Only one clerk was present at his workplace at that time. The camera caught Soprano parking his car, entering the shop, and brandishing a weapon at the clerk. The latter gave money from the cash register to the criminal. After receiving cash, Soprano left the store and fled the area, being caught on camera again. Apparently, the clerk reported him upon the robbery, providing all the details.
At 3 a.m., Soprano was stopped by the police as the clerk managed to relay first-person evidence and relevant records from the surveillance cameras. The police officers are directly involved in the gun and cash retrieval. The investigation starts with the identification of one’s identity. A feature of tactical actions when detaining armed criminals in a public place is the presence of witnesses there, as well as the possibility of their appearance; however, no witnesses are identified in this case. These circumstances imply a certain restriction on the use of special means and firearms. In order to successfully carry out actions to detain armed criminals in a public place, certain conditions must be met; these conditions include speed, stealth, and reliability.
Since the police officers retrieved the gun and the stolen money, the criminal was exposed to the public order system. It means that the authorities imposed their power by recovering the possessions without a warrant. The police may arrest Soprano at the place of the stop and take him into custody. They have a right to suspend him since he is wanted. A police officer is obliged to explain the grounds and motives for detention, as well as rights and obligations, including the rights to legal assistance and other services.
When arrested and prosecuted, the following professionals will be further involved in the proceedings: district attorneys and prosecutors, state court trial judges, grand juries, and the defendants themselves. The prosecutor will collect information from the police and the convenience store clerk (“Arrest to sentence process,” n.d.). For the felony charges, they will present the finding to the group of people – grand juries, who will eventually vote if the defendant is guilty. After the charge, Soprano will have to hire an attorney to present his interests (“Arrest to sentence process,” n.d.). Later, at the initial hearing, the judge decides whether the offender will go to prison or can be released on bail before trial.
The discovery process starts in order to collect as much evidence as possible. Then, during the trial, the witness and the defendant present their perspectives, being defended by the attorneys (“Arrest to sentence process,” n.d.). At this stage, the witness (clerk) and his lawyer will present their evidence and will insist upon the maximum sentence for the criminal since it threatened one’s life. The confusing testimony will always be clarified by the judge. If the defendant provides additional evidence protecting his rights, it will also be considered in court (“Arrest to sentence process,” n.d.). Upon the trial, the verdict is announced by the court’s judges. In Tony Soprano’s case, it is evident that he will be arrested for at least three years. However, he may be released on parole if he demonstrates benevolent behavior. If he pleads guilty before the trial, his sentence may be shortened upon the judge’s decision.
Reference
Arrest to sentence process. (n.d.). Clayton County, Georgia. Web.