Identify, define, examine, and discuss the crimes committed in the above scenario
Mark can be indicted for committing the following criminalities: driving recklessly, speeding, four counts of felony and one count of involuntary manslaughter. Reckless driving is considered a criminal offense which receives the punishment of violation concerning certain situations (Portman, 2017). The penalty is always one year in jail if found guilty of the offense. Second, the crime of speeding refers to the act of an individual exceeding the prescribed speed limit, which means driving too fast for the conditions (GHSA, 2017). Consequently, the National Highway Traffic Safety Administration (NHTSA) defines speeding as committing a combination of moving traffic offenses in the act of endangering the lives of people and destruction of property. Third, crime four counts of a felony is a class of crime that comprises of other smaller crimes, in this case, Felony DUI meaning driving under the influence is a possible charge that Mark can be punished for committing. Last, involuntary manslaughter refers to an unintentional killing that is caused by recklessness or unlawful actions.
The criminal justice process that occurred in this scenario
The Criminal justice process involves some steps such as investigating, arresting, prosecuting, indictment, arraigning, detention without trial or bail, plea bargain, trial, sentence, appealing, and punishing (Offices of the United States Attorneys, n.d). Based on Mark’s case, the first step is to determine the cause of the accident by investigating which is being done by Green, a Highway Patrolman. He instructs Mark to take an alcohol test which he fails, where his blood alcohol level is at 0.21. Further investigation has revealed that he was driving at a speed of 75 miles per hour before the crash. Mark is finally arrested after all the evidence has been gathered. The District Attorney and the Highway Patrol Officers contemplate to prosecuting Mark on charges of reckless driving, speeding, four counts felony assault and unintentional manslaughter. Mark is then arraigned in court where the judge reads to him his charges. At this point, Mark decides to take a bail as he waits for his arraignment.
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State’s view on deaths related to DUI offenses
The punishment imposed on someone who has killed while driving is severe. However, each state has its level of sentence relating to driving under influence DUI. A state such as Michigan, driving while intoxicated is considered a misdemeanor and is charged ninety-three days in jail or a maximum fine of $500. However, a Michigan defendant who causes death because of DUI is guilty of a felony and may receive the prison term of 15 years and penalties of $2,500 to $10,000 (Nolo, 2017).
A possible "next step" for Mark and the case
In this case, either Mark can rely on the state-appointed attorney or if he can afford one of his own he can proceed to hire. Mark attorney will be responsible for defending him. Thus he needs to account to the attorney the event of the day to build a strong defense.
The options available to Mark if charged with DUI includes hiring a defense team; he can decide to examine the benefits of a plea bargaining and committing to a pre-sentencing (Golburgh, 2016). The three options might produce similar results. For example, having a defense team might help a person to receive less or harsh punishment the same goes for choosing the other two options.
Examine the rights of the victims as they related to the criminal justice process.
The rights of the victims according to criminal justice process includes right to notification, protection right from accused, right to restitution, right to consultation with criminal justice proceedings, right of exclusion from proceedings, right for fair treatment and right to a process not delayed.
The series of steps the Grand Jury would hear evidence in this case
The grand jury is different from the typical court system. They operate in private place away from the public, and this helps to protect the witnesses. The process is involved between the jury and the prosecutor. They gather evidence before they make their final decision based on their findings.
References
Offices of the United States Attorneys. (n.d). Steps in the federal criminal process. Retrieved from https://www.justice.gov/usao/justice-101/steps-federal-criminal-process.
Governors Highway Safety Association (GHSA). (2017). Speeding and aggressive driving . Retrieved from http://www.ghsa.org/issues/speeding-aggressive.
Golburgh, L. H. (2016). Florida DUI: What are my options? Retrieved from https://www.floridaduipro.com/florida-dui-what-are-my-options.
Nolo. (2017). What are the criminal charges and penalties for killing another person while driving drunk? Driving Laws . Retrieved from http://dui.drivinglaws.org/penalty-for-killing-someone-while-drunk-driving.htm.
Portman, J. (2017). Traffic violations: Reckless Driving . Retrieved from https://criminal.lawyers.com/traffic-violations/reckless-driving.html.
