The use of Recovered files in informing criminal cases
1) Use the web or other resources to research at least two criminal or civil cases in which recovered files played a significant role in how the case was resolved.
2) Describe in 500 words the shared security responsibility model that a dba must be aware of when moving to the cloud.
Use at least three sources. Include at least 3 quotes from your sources enclosed in quotation marks and cited in-line by reference to your reference list.
New York State Law Vehicle and Traffic Laws (VTL)
Driving While Intoxicated (DWI)
Mark operated a motor vehicle under the influence of alcohol or drugs and could be charged with driving while intoxicated (DWI) A DWI charge is generally associated with alcohol intoxication where your blood alcohol content (BAC) is .08 or greater. WI is regularly used to describe any type of intoxicated driving. If one is arrested for suspicion of DWI you could be charged with a felony. The charge will be based on the amount of alcohol or drugs in your system and whether or not you have prior convictions for intoxicated driving. The consequences of being convicted can include a fine, license suspension, and incarceration. In addition, an intoxicated driving conviction will remain on your criminal record permanently as in New York DWI and DWAI convictions cannot be later expunged.
Aggravated Driving While Intoxicated (Aggravated DWI):
This happens where the accused Blood alcohol content BAC is 0.18 or higher.
Reckless Driving
Reckless driving shall mean driving or using any motor vehicle, motorcycle or any other vehicle propelled by any power other than muscular power or any appliance or accessory thereof in a manner which unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway. Reckless driving is prohibited. Every person violating this provision shall be guilty of a misdemeanor.
Demonstrate your knowledge of the criminal justice process that occurred in this scenario. Evaluate the beginning and end of the involvement of the criminal justice system in this scenario. Research your state’s view on deaths related to DWI/DUI offenses and the potential that this crime could be classified as murder. Relate each involvement to the court system or criminal justice system as a whole.
Arrest: The criminal justice process begins when a person is arrested. A police officer may apprehend and take into custody a person who commits a violation, misdemeanor of a felony in the police officer’s presence. New York law also allows a police officer to make an arrest for a felony not committed in his or her sight and without a warrant whenever the officer has “reasonable grounds” to believe that a felony has been committed and that the defendant is the person who has committed the crime.
Booking: Booking is the administrative record of an arrest. It is a three-step procedure which involves:
fingerprinting the accused
submitting the accused’s fingerprints to New York State’s computerized criminal record index;
Obtaining a copy of the accused prior criminal record, if such a record exists.
Complaint: The criminal complaint serves as the basis for the commencement of criminal proceedings and is prepared by the arresting officer or by the complainant (i.e., the victim of the alleged crime) and filed with a local criminal court which accuses one or more persons with the commission of an offense.
Arraignment: The accused is brought before a judge in the local criminal court for arraignment. Counsel is appointed to represent the defendant at arraignment unless the defendant can afford a lawyer and the lawyer is present. Ordinarily, the arraignment marks the first time in the criminal justice process in which the accused appears before a judge. At the arraignment proceeding the accused is:
informed of and given a copy of the formal charges against him or her;
informed of his or her right to counsel and, if necessary, assigned counsel for the purpose of arraignment;
informed of the right to a preliminary hearing, if charged with a felony; and asked to enter a plea of guilty or not guilty, if charged with a misdemeanor or violation.
3. Propose a possible “next step” for Mark and the case. Compare and contrast his possible options. What systems of the criminal justice system will be accessed with each option? Consider Mark’s rights as a defendant in this scenario from post-arrest through awaiting trial.
Rights of the Victims in the Criminal Justice Process.
Police Report
The victims should have a copy of the police report involving the crime they are involved in even if they were never physically injured.
Waiver of fees
The victims should have a waiver of fees for the replacement of the driver’s license, license and registration plates lost in the crime.
Inform Employers
The District attorney and law enforcement are required to inform the employers and creditors that the criminal case may require absences at work. Employers should not penalize them when appearing as witnesses or excising other rights as prescribed by the law.
Victim compensation and Assistance
Victims may apply for victim compensation or assistance with the New York State Office of Victim Services. Victims of physical injury or relatives of murder victims are entitled to expenses incurred in relation to the crime. These may include medical bills, counseling bills, funeral expenses, loss of earnings and repair or replacement of damaged property. They are also be eligible for transportation expenses incurred for necessary court appearances. These Claims must be filed within one year of the crime or within one year of the victim’s death.
Notification of Criminal Proceedings
Victims who provide a current address and telephone number to the District Attorney have the right to be notified of the accused case progression. Protection from intimidation, threats or harassment and Notice of discharge, release or escape of the offender from a correctional facility.