Criminal Cases: Preliminary

[author's notes: this page is on outline mode]

The Crime Control Model: Crime Control Efficiency vs. (Protection) of Individual Liberty

The Diagram of Crime Control Model With Case Examples
This diagram is adapted and modified from the textbook:
Law And Justice: An Introduction to the American Legal System.
The Location of The Case Examples: USA, China, And My Case
(the femur bone fracture case) against Individual 45 were added by author Hong Gan

Further notes by author Hong Gan on the diagram: the last sentence was striked through, because this case does not involve Police. Because of the unprecedence of this case and the nature of the weapon used in this crime, the Culprit was absent at the Crime Scene, there was no way to report this crime to the local Police. The most relevant law enforcement agent to report this crime to is the FBI. But FBI and The Department of Justice was within the domain of influence and control by Individual 45 as long as he was still in power and has access to such Weapon to either threat, intimidate People or make further crimes.

Crime Control Efficiency vs. (protection) of Individual Liberty: Case Examples

• China close to one end: presumed guilty until proven not guilty 
• USA and/or other liberal democracy close to the other end: presumed innocent until proved guilty

Due Process Protection in terms of Defender vs. Due Process Protection in terms of Victim

Due Process in terms of defender in US criminal justice system (attach an image of the criminal justice procedure

• origination (imbalance in power of government and ordinary people)
• constitution

due process in terms of victim

• no constitutional amendments
• victim rights act (1990) first saw on FBI web sites

The Applicability of Due Process Protection On Individual 45

Question: Does Due Process apply to Donald Trump ? Yes and No
Yes: when he is viewed as an individual citizen
No: when he is in power, particularly when with Reasonable Doubts, he would abuse the presidential power to obstruct justice as the case in Russia investigation has shown.

Where should this Case stand in the spectrum (to maximize the crime control efficiency at the least expense of individual liberty, somewhere in the middle between China and the USA (in general situation of most of the criminal cases)

Criminal Justice Procedure	Donald Trump as Individual	Donald Trump in White House
Indictment and Pretrial		due process in terms of victim apply; due process in terms of defender does not apply; [he should be stripped off the power to access such invisible weapon until proven innocence, because this power is infinitesimally more dangerous than the abuse of pardon power; and made them transparent to the other branches of government (e.g. Congress through impeachment proceeding) subject to the balance of power and check principle that founders of this country has established]
Trial	due process in terms of defender apply
Conviction	presumed not guilty until proven innocent; due process in terms of defender apply
Double Jeopardy Clause	apply	not apply