Luke Lumberjack is being tried for raping a woman he has known for a year. The states

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Luke Lumberjack is being tried for raping a woman he has known for a year.

The state’s evidence disclosed that Lumberjack, age twenty-three, had spent an evening with the female complainant, age twenty-one. Afterward, at his invitation, they went to his apartment and had a few beers. The complainant testified that Lumberjack, a large, husky male, forced her to have sex with him, despite her stated unwillingness. During cross-examination, the complainant admitted having once before had a consensual sexual relationship with the defendant.

During the state’s closing argument, in referring to the defendant, the prosecutor told the jury, “This big hunk of cruelty is an animal, one who must be put away to protect the young women of this community. It’s important to do your duty by convicting him to send a message to the community.” Defense counsel objected on the ground that the prosecutor’s comments were inflammatory, prejudicial, and unfair. He requested that the trial judge strike the prosecutor’s comments, inform the jury that they should be disregarded, and admonish the prosecutor for having made such statements. What do you think the trial judge’s ruling should be?

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Criminal Law And Procedure

ISBN: 9780495095484

6th Edition

Authors: John M Scheb, John M Scheb II

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