Parties and Pretrial Procedures

Much of the work of the criminal justice system will never be seen by the general public. Prosecutors, defense attorneys, and grand juries determine the course of criminal cases well before a case is even committed to a public docket. In your paper, detail the special responsibilities prosecutors have towards initiating a criminal case against a defendant. In other words, how does a prosecutor make the decision to charge someone? In your paper:
a.    Explain why a grand jury is used rather than the prosecutor simply issuing a criminal charge.
b.    Based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed, discuss the purpose of a grand jury issuing a true bill (criminal charge) or not.
c.    Discuss whether or not a defense attorney and/or the defendant can address a grand jury and provide reasoning for why a defense attorney and/or the defendant would choose to attend or not attend the grand jury proceeding.
d.    Provide all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
e.    Explain all the procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial.

In your analysis, include your personal opinion of the morality of a system where so much of the charging and plea bargaining process is in the hands of lawyers, often out of view from the general public. What are the potentials for abuse? What effects on “equal justice” can this system have?
MUST USE SOURCE:  Wright, R. (2013). Introduction to criminal law and procedure. San Diego, CA.

And two other sources.

The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least two scholarly sources in addition to the textbook to support your claims. Cite your sources within the text of your paper and on the reference page.

Description:

Total Possible Score: 10.00
Explains Why a Grand Jury is Used Rather Than the Prosecutor Simply Issuing a Criminal Charge
Total: 2.00
Distinguished – Comprehensively explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge.
Proficient – Explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge. The explanation is missing minor details.
Basic – Minimally explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge. The explanation is missing relevant details.
Below Expectations – Attempts to explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge; however, the explanation is missing significant details.
Non-Performance – The explanation of why a grand jury is used rather than the prosecutor simply issuing a criminal charge is either nonexistent or lacks the components described in the assignment instructions.

Discusses the Purpose of a Grand Jury and When Is It Used
Total: 1.00
Distinguished – Comprehensively discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed.
Proficient – Discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed. Minor details are slightly underdeveloped.
Basic – Minimally discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed. Relevant details are underdeveloped.
Below Expectations – Attempts to discuss the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed; however, significant details are underdeveloped.
Non-Performance – The discussion of the purpose of a grand jury issuing a true bill (criminal charge) or not is either nonexistent or lacks the components described in the assignment instructions.

Discusses Whether or Not a Defense Attorney and/or the Defendant Can Address a Grand Jury and the Reasoning for Their Attendance or Not
Total: 1.00
Distinguished – Comprehensively discusses whether or not a defense attorney and/or the defendant can address a grand jury and provides thorough reasoning for their attendance or not.
Proficient – Discusses whether or not a defense attorney and/or the defendant can address a grand jury and provides reasoning for their attendance or not. The discussion or the reasoning is slightly undeveloped.
Basic – Minimally discusses whether or not a defense attorney and/or the defendant can provides a grand jury and somewhat addresses reasoning for their attendance or not. The discussion and/or the reasoning are undeveloped.
Below Expectations – Attempts to discuss whether or not a defense attorney and/or the defendant can provides a grand jury and address reasoning for their attendance or not; however, the discussion and/or the reasoning are significantly undeveloped.
Non-Performance – The discussion and reasoning of whether or not a defense attorney or the defendant can address the grand jury are either nonexistent or lack the components described in the assignment instructions.

Provides the Ways That a Prosecutor and a Defense Attorney Dispose of a Case Before it Goes to a Grand Jury
Total: 2.00
Distinguished – Provides all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Proficient – Provides all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Basic – Provides limited procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury. Relevant details are missing.
Below Expectations – Attempts to provide procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury; however, significant details are missing.
Non-Performance – The procedural and substantive ways to resolve a case prior to grand jury proceedings are either nonexistent or lack the components described in the assignment instructions.

Explains all the Possible Procedural and Substantive Dispositions of a Case Between a Prosecutor and a Defense Attorney Before it Goes to a Trial
Total: 2.00
Distinguished – Thoroughly explains all the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial.
Proficient – Explains the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial. The explanation is slightly underdeveloped.
Basic – Minimally explains the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial. The explanation is underdeveloped.
Below Expectations – Attempts to explain the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial; however, the explanation is significantly underdeveloped.
Non-Performance – The explanation of the possible procedural and substantive dispositions of a case is either nonexistent or lacks the components described in the assignment instructions.

Critical Thinking: Evidence
Total: 1.00
Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewp01oints of experts are scrutinized thoroughly.
Proficient – Employs applicable information from credible sources to develop an analysis of the topic.
Basic – Employs applicable information from credible sources to develop an analysis of the topic.
Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Control of Syntax and Mechanics
Total: 0.25
Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.
Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors, and is mostly easy to understand.
Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors, which may slightly distract the reader.
Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors, which distract the reader.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

APA Formatting
Total: 0.25
Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page.
Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Basic – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Page Requirement
Total: 0.25
Distinguished – The paper meets the specific page requirement stipulated in the assignment description.
Proficient – The paper closely meets the page requirement stipulated in the assignment description.
Basic – The paper meets over half of the page requirement stipulated in the assignment description.
Below Expectations – A fraction of the page requirement is completed.
Non-Performance – A fraction of the page requirement is completed.

Source Requirement
Total: 0.25
Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Proficient – Uses required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.
Below Expectations – Uses inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Parties and Pretrial Procedures

Much of the work of the criminal justice system will never be seen by the general public. Prosecutors, defense attorneys, and grand juries determine the course of criminal cases well before a case is even committed to a public docket. In your paper, detail the special responsibilities prosecutors have towards initiating a criminal case against a defendant. In other words, how does a prosecutor make the decision to charge someone? In your paper:
a.    Explain why a grand jury is used rather than the prosecutor simply issuing a criminal charge.
b.    Based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed, discuss the purpose of a grand jury issuing a true bill (criminal charge) or not.
c.    Discuss whether or not a defense attorney and/or the defendant can address a grand jury and provide reasoning for why a defense attorney and/or the defendant would choose to attend or not attend the grand jury proceeding.
d.    Provide all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
e.    Explain all the procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial.

In your analysis, include your personal opinion of the morality of a system where so much of the charging and plea bargaining process is in the hands of lawyers, often out of view from the general public. What are the potentials for abuse? What effects on “equal justice” can this system have?
MUST USE SOURCE:  Wright, R. (2013). Introduction to criminal law and procedure. San Diego, CA.

And two other sources.

The paper must be three to four pages in length (excluding title and reference pages) and formatted according to APA style. You must use at least two scholarly sources in addition to the textbook to support your claims. Cite your sources within the text of your paper and on the reference page.

Description:

Total Possible Score: 10.00
Explains Why a Grand Jury is Used Rather Than the Prosecutor Simply Issuing a Criminal Charge
Total: 2.00
Distinguished – Comprehensively explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge.
Proficient – Explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge. The explanation is missing minor details.
Basic – Minimally explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge. The explanation is missing relevant details.
Below Expectations – Attempts to explains why a grand jury is used rather than the prosecutor simply issuing a criminal charge; however, the explanation is missing significant details.
Non-Performance – The explanation of why a grand jury is used rather than the prosecutor simply issuing a criminal charge is either nonexistent or lacks the components described in the assignment instructions.

Discusses the Purpose of a Grand Jury and When Is It Used
Total: 1.00
Distinguished – Comprehensively discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed.
Proficient – Discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed. Minor details are slightly underdeveloped.
Basic – Minimally discusses the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed. Relevant details are underdeveloped.
Below Expectations – Attempts to discuss the purpose of a grand jury issuing a true bill (criminal charge) or not, based on the evidence presented by the prosecutor and the finding of probable cause that a crime was committed; however, significant details are underdeveloped.
Non-Performance – The discussion of the purpose of a grand jury issuing a true bill (criminal charge) or not is either nonexistent or lacks the components described in the assignment instructions.

Discusses Whether or Not a Defense Attorney and/or the Defendant Can Address a Grand Jury and the Reasoning for Their Attendance or Not
Total: 1.00
Distinguished – Comprehensively discusses whether or not a defense attorney and/or the defendant can address a grand jury and provides thorough reasoning for their attendance or not.
Proficient – Discusses whether or not a defense attorney and/or the defendant can address a grand jury and provides reasoning for their attendance or not. The discussion or the reasoning is slightly undeveloped.
Basic – Minimally discusses whether or not a defense attorney and/or the defendant can provides a grand jury and somewhat addresses reasoning for their attendance or not. The discussion and/or the reasoning are undeveloped.
Below Expectations – Attempts to discuss whether or not a defense attorney and/or the defendant can provides a grand jury and address reasoning for their attendance or not; however, the discussion and/or the reasoning are significantly undeveloped.
Non-Performance – The discussion and reasoning of whether or not a defense attorney or the defendant can address the grand jury are either nonexistent or lack the components described in the assignment instructions.

Provides the Ways That a Prosecutor and a Defense Attorney Dispose of a Case Before it Goes to a Grand Jury
Total: 2.00
Distinguished – Provides all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Proficient – Provides all the procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury.
Basic – Provides limited procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury. Relevant details are missing.
Below Expectations – Attempts to provide procedural and substantive ways that a prosecutor and a defense attorney can resolve a case before it goes to a grand jury; however, significant details are missing.
Non-Performance – The procedural and substantive ways to resolve a case prior to grand jury proceedings are either nonexistent or lack the components described in the assignment instructions.

Explains all the Possible Procedural and Substantive Dispositions of a Case Between a Prosecutor and a Defense Attorney Before it Goes to a Trial
Total: 2.00
Distinguished – Thoroughly explains all the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial.
Proficient – Explains the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial. The explanation is slightly underdeveloped.
Basic – Minimally explains the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial. The explanation is underdeveloped.
Below Expectations – Attempts to explain the possible procedural and substantive dispositions of a case between a prosecutor and a defense attorney before it goes to a trial; however, the explanation is significantly underdeveloped.
Non-Performance – The explanation of the possible procedural and substantive dispositions of a case is either nonexistent or lacks the components described in the assignment instructions.

Critical Thinking: Evidence
Total: 1.00
Distinguished – Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.
Proficient – Employs applicable information from credible sources to develop an analysis of the topic.
Basic – Employs applicable information from credible sources to develop an analysis of the topic.
Below Expectations – Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Control of Syntax and Mechanics
Total: 0.25
Distinguished – Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors, and is very easy to understand.
Proficient – Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors, and is mostly easy to understand.
Basic – Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors, which may slightly distract the reader.
Below Expectations – Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors, which distract the reader.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

APA Formatting
Total: 0.25
Distinguished – Accurately uses APA formatting consistently throughout the paper, title page, and reference page.
Proficient – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Basic – Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.
Below Expectations – Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.

Page Requirement
Total: 0.25
Distinguished – The paper meets the specific page requirement stipulated in the assignment description.
Proficient – The paper closely meets the page requirement stipulated in the assignment description.
Basic – The paper meets over half of the page requirement stipulated in the assignment description.
Below Expectations – A fraction of the page requirement is completed.
Non-Performance – A fraction of the page requirement is completed.

Source Requirement
Total: 0.25
Distinguished – Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Proficient – Uses required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.
Basic – Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.
Below Expectations – Uses inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.
Non-Performance – The assignment is either nonexistent or lacks the components described in the instructions.