Criminal justice case study Essay Example | Topics and Well Written Essays - 750 words - 1

Criminal justice case study - Essay Example As there is a possibility of conflict between State and Federal law resulting in jeopardy, US attorneys are directed to check with the Attorney General before prosecuting any case that shows the possibility of a double jeopardy. There is a possibility of double jeopardy when the defendant in a trial prefers not to testify his defense and later on asserts that he is not given ample opportunity to defend his side. So, it is for the trial judge to see that the defendant’s refusal to testify his own defense properly comes on the trial record. Otherwise, it later leads to double jeopardy. In cases like the present one where the defendant adopts ‘nolo contendere’ or no contest by not testifying his defense, there is a high possibility of double jeopardy as the different States in the US have different laws relating to the acceptance of nolo contendere. However, the general notion is that it is considered similar to guilty plea, and as it saves time and money, and as it calls for mercy, there is a possible reduction in sentence. At this juncture, as Justice Bhatt (n.d), depending on the circumstances of the case, the court can even immediately impose sentence. It seems that by not taking the stand in his own defense, the defendant has not made any influence on the jury. It seems like the usual way of concluding a case when the defendant does not defend his own stand. In this particular case, the victim identified the defendant in a lineup. In addition, the defendant did not care to take his defense. In normal course, either the defendant can plead ‘not guilty’ or ‘guilty’; in addition, the defendant can also plea ‘nolo contendere’ which means ‘no contest’ (Mueller & Kirkpatrick, 1999, p. 355). This simply means that the defendant is ready to accept any sentence handed down, but does not admit the factual guilt. Thus, in