• Then, using the Module Four Assignment template, address the following:
  • Discretionary Decision: What was one discretionary decision made by the judge in the scenario provided?
  • Impacts of Decision: Who is affected by this decision? Does it have positive or negative impacts?
  • Law and Policy: What laws or policies may have influenced the judge to reach the decision? How does discretion impact the decision made in accordance with law and policy?
  • Use the scenario below to help complete the template
  • A student from an elite educational institution in California has been arrested, charged, and convicted of a sexual assault for engaging in a sexual act with an unconscious victim. The defendant was identified by two individuals who witnessed the defendant engaging in the sexual act. The results of the victim's sexual assault examination at the hospital showed bruising around the neck and genital areas. Prior to sentencing, the defendant's family made a point to the court that the defendant's life should not be ruined by "moments of sexual activity." While the prosecution recommended a sentence of six years in state prison for the crime, the pre-sentencing report from probation recommended a jail sentence of less than a year of confinement. The judge, an alumnus of the same elite institution, ordered a jail sentence of six months with a lifetime registration as a sex offender. The victim's family is not satisfied with the judge's ruling. As the public representative of the victim's family, you are asked to compose a memo to be submitted to the Judicial Ethics Advisory Committee regarding the actions and discretionary decisions made by the judge. California Penal Code Section 261(a)(2-4) states the following: (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (2) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets any one of the following conditions: (A) Was unconscious or asleep. (B) Was not aware, knowing, perceiving, or cognizant that the act occurred. Unless otherwise noted, rape is punishable by imprisonment for 3, 6, or 8 years, as well as a fine not to exceed $70 (to be paid towards AIDS education).
  • California Legislative Information. (2013). Penal Code Section 261. Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN Leagle. (2019). People v. Turner. Retrieved from https://www.leagle.com/decision/incaco20180808037

Address each of the items in the table. Be sure to correctly cite any descriptions or sample communications in APA format in the References section. Immediate Notification/Communication Press Release Social Media Post Internal Report Description [Describe the purpose or purposes of an immediate notification/communication.] [Describe the purpose or purposes of a press release.] [Describe the purpose or purposes of a social media post.] [Describe the purpose or purposes of an internal report.] Sample No response required [Provide a sample of a police department press release regarding an incident; provide a link or a screenshot with appropriate citation.] [Provide a sample of a police department social media post regarding an incident; provide a link or a screenshot with appropriate citation.] [Provide a sample of an internal police report; provide a link or a screenshot with appropriate citation.] [List any references in APA format.] References Complete the table below by replacing the bracketed text with the relevant information. Discretionary Decision Impacts of Decision Laws and Policy [Insert text.] [Insert text.] [Insert text.]