Sade Paper

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Assignment 2: Trials and Verdicts

Student: Sade Green
Professor: KARINA ARZUMANOVA
Introduction to Criminal Justice
May 23, 2015

TRIALS AND VERDICTS PAGE 1

Our Criminal Justice System is a complex one. When crime is committed, law enforcement arrest the offender and in most cases holds them until they are seen by a judge. The period between an arrest and arraignment is also known as the pretrial procedures; this is a very important part of the justice process. At this time, the biggest majority of cases are either resolved and never make it to court. However, some crimes are so serious that they must go the next steps and this could be plea bargaining or trial by jury, both resulting in a sentence ordered by the judge.

Here we will take a look at a particular case involving five men who viciously beat another man resulting in his death. What started as a barroom brawl, ended outside of the victim's mother's home in La Jolla, California May of 2007 [L.A. Times 2008]. Emery Kauanui was a 24 year old professional surfer that tragically lost his life three days after being treated for bleeding of the brain, facial fractures, and multiple contusions caused by five individuals. Eric House, 21; Orlando Osuna, 23; Matthew Yanke, 21; Henri Hendricks, 22; and Seth Cravens, 22 who dealt the fatal blow; these are the offenders that each in turn punched and kicked Kauanui until the last punch knocked him to the pavement where he hit his head knocking him out.

This case went to the California Superior Court because of the nature of the crime. This case needed to be heard in a courtroom with a jury present and ready to determine if the defendants were truly guilty of murder.
TRIALS AND VERDICTS PAGE 2
Graham vs. Florida
Terrance Jamar Graham attempted to rob a barbecue restaurant in Jacksonville, Florida in July of 2003. He was 16 years old at the time and had 3 accomplices. No money was taken during the robbery but the manager required stitches as a result of one assailant striking the manager on the head twice prior to fleeing the scene.
The state of Florida allows prosecutors to determine whether to charge 16 and 17 year old as adults and in this case, they chose to charge Graham as an adult. The charges against Graham were armed burglary with assault or battery, a first-degree felony carrying a maximum penalty of life imprisonment without the possibility of parole; and attempted armed-robbery, a second-degree felony carrying a maximum penalty of 15 years’ imprisonment. On December 18, 2003 in a trial court, Graham pleaded guilty to both charges under a plea agreement. Graham wrote a letter to the trial court. After reciting “this is my first and last time getting in trouble,” he continued “I’ve decided to turn my life around.” App. 379–380. Graham said “I made a promise to God and myself that if I get a second chance, I’m going to do whatever it takes to get to the National Football League.” The plea agreement was accepted. The court withheld adjudication of guilt as to both charges and sentenced Graham to concurrent 3-year terms of probation. Graham was required to spend the first 12 months of his probation in the county jail, but he received credit for the time he had served awaiting trial, and was released on June 25, 2004.
The plea agreement that was reached seemed reasonable and justifiable at the time. Graham appeared to be remorseful and was young at the time of the crime and was not the primary assailant to the manager of the restaurant. I believe
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