Relationships Between the Law and Court System
Columbia Southern
University BCJ 3301:
Judicial Process
Relationships Between the Law and Court System
Everyone that has a pet will talk to them as if they were a real person; your pet is a part
of your family or perhaps your best friend. On a cool October morning in a Nebraska township,
I was at a dog park, sitting on a bench with my puppy; we are amidst of having a colorful
conversation about last night’s football game. I am trying to convince my puppy the game was
full of poor officiating and the refs were trash; we are getting loud and obnoxious, me talking
and him barking. Out of the blue, a police officer approaches and starts questioning me about
the noise I am creating and then tells me that I am under arrest for verbally assaulting my pup in
a public area and at that precise moment, my puppy runs away. The police officer states “he has
valid probable cause to arrest me because I fit the description given by a few callers of someone
verbally assaulting a puppy in the dog park”. The police officer informs me that he heard me
using some inappropriate language that sounded like a verbal assault and my answers to his
questions led him to believe I have committed the crime of verbally assaulting my puppy in a
public place and I am now under arrest (Siegel, Schmalleger, & Worrall, 2018, Unit II Study
Guide). Furthermore, a sign is posted at the entrance to the dog park the states all municipal and
state laws will be strictly followed and enforced by the local police department and violations are
“punishable under Neb. Rev Stat. 28-1008 et seq” (SPA, 2010).
According to USA.Gov (n.d.), “laws start in Congress. Congress is the legislative
branch of the federal government, makes laws for the nation and contains two legislative bodies,
the
, U.S. Senate and the U.S. House of Representatives. Anyone elected to either legislative body
can propose a new law and it is proposed as a bill. If the bill passes one body of Congress, it
goes to the other body to go through a comparable process of research, discussion, changes,
and voting. Once both bodies vote to accept a bill, they must work out any differences
between the
two versions and vote on the same exact bill. If it passes, they present it to the president;
the president then considers the bill. The president can approve the bill and sign it into law
or disapprove (veto) a bill. State legislatures make the laws in each state and state courts
can review these laws. If a court decides a law doesn't agree with the state's constitution, it
can declare it invalid”.
“Once I was mirandized, I was then handcuffed, hauled into the police station, mug
shots were taken and finally, I was fingerprinted. After a short period, I was brought before a
judge “referred to as trier of law or a finder of law, a person generally tasked with resolving any
legal matter that comes before the court” (Siegel, Schmalleger, & Worrall, 2018, pg. 168), and
formally told of my charge. According to the county-level prosecutor or district attorney (an
attorney who is the elected or appointed chief of a prosecution agency, and whose official duty
is to conduct criminal proceedings on behalf of the people against persons accused of
committing criminal offenses ), I was being charged with verbal abuse on a domesticated
animal. The DA based my charges off of the sworn statements of the witnesses who called the
authorities, the responding officer who arrested me, and my statement while being questioned”
(Siegel, Schmalleger, & Worrall, 2018, Unit II Study Guide).
The DA submitted the material and requested a preliminary hearing. Basically a
preliminary hearing is where a judge decides if a crime was committed, if the court has
jurisdiction, and if there is reasonable grounds to believe that I was the one who committed the
crime. I was informed that I had a right to a lawyer even if I could not afford one and because
my finances were tight, I opted to have a public defender represent me in court. A public