Question
Read the scenario below and answer the corresponding questions. You are a young, self-professed, hot shot lawyer, just hired by the law firm Dunn, Smith,
Read the scenario below and answer the corresponding questions.
You are a young, self-professed, hot shot lawyer, just hired by the law firm Dunn, Smith, and Smith. Oscar, the grouchy lawyer, recognizes your astuteness and offers you the role of lead defense counsel in a new case. This is a high-profile case in your community.
THE FACTS:
Ernie is charged with the second degree murder of his former friend Bert. At the arraignment Ernie enters a plea of not guilty.
Your Task:
Outline for Ernie the process his trial will follow. Make sure you clarify and simplify all the steps, as Ernie is a pretty simple guy not known for his intellect.
Clearly define the applicable law in the case for your client. Explain the elements of the crime that the prosecution will need to prove in order to convict Ernie.
There is no doubt in your mind that Ernie did indeed kill Bert. Your task is to build a defence for Ernie that will reduce or eliminate his criminal liability. Explore two possible defence options. For this purpose, you may invent whatever facts you consider necessary, providing that you thoroughly explain your assumptions.
Despite your brilliant defence, the jury finds Ernie guilty of second degree murder. Briefly identify and explain the various factors His Honour Judge Grover must consider when sentencing Ernie. Include your detailed statement to the judge regarding the sentence you believe is most appropriate in this case. Justify your reasoning.
At dinner with your significant other, you lament the fact that someone as seemingly nice as Ernie could take another human life. Your dinner guests ask you what might make someone like Ernie commit such a crime. Briefly recount for this person two theories that might explain Ernie's criminality.
At dinner with your significant other, you are confronted with a question. "How could you defend someone you knew to be guilty?" Briefly explain why you did the best job you possibly could despite the fact that you knew your client to be guilty.
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