Question
This is a written assignment. Proper formatting and grammar matters. Please be thorough in your response to the prompt/questions.** The following are two additional case
This is a written assignment. Proper formatting and grammar matters. Please be thorough in your response to the prompt/questions.**
The following are two additional case studies, each of which is grounded in actual case facts and chapter materials (concerning sexual assault and homicide, respectively). While studying each scenario, first assume that you are the prosecuting attorney and decide which charge(s), if any, should be brought against the accused based on the facts. Next, assume the role of the defense attorney and explain, given the facts, what defenses should legitimately be made against the crime(s) charged. Remember the Sixth Amendment entitles every defendant to the "guiding hand" of effective counsel, whose job it is to ensure that all legal protections are afforded. Answers and/or outcomes for each case are provided in the Notes section (of the textbook). For purposes of discussion, however, approach all of them as if there are no absolute, totally correct answers.
A high school principal threatens a graduating senior that if she does not have sex with him, he will prevent her from graduating. She submits against her will and then reports the incident to police after she is able to graduate. The state prosecutes the man under a first-degree sexual assault statute that reads as follows:
A person who knowingly has sexual intercourse without consent with a person of the opposite sex commits the offense of sexual intercourse without consent. "Without consent" shall mean the victim is compelled to submit by force or by threat of force.
1. What is the prosecution's best argument that this is precisely the type of situation the law seeks to prevent and that the defendant is guilt of first-degree sexual assault? What facts would you want to know in your capacity as a prosecutor to bolster your case?
2. What is the defense attorney's best argument that this statute does not apply in this case? What other facts would you want to know to strengthen your argument?
3. You are a state lawmaker - how would you revise this statue to better address this case and ones like it? Be specific and rewrite the law as necessary.
Peterson is relaxing at home when he hears noises in the alley behind his house; he looks in that direction and sees three men who are removing parts from his parked vehicle. Peterson approaches the men and tells them to stop what they are doing; he then runs inside his home, obtains a pistol, and returns to the alley. By now, the three men are back in their vehicle and preparing to drive away. Peterson approaches them and tells them not to move, or he will shoot. The driver exits the car and, with a wrench in his hand, begins advancing toward Peterson. Peterson then warns the driver not to come any closer. Still carrying the wrench, the man continues to move toward Peterson, who then shoots and kills him.
4. What is the primary legal issue here?
5. Also consider the following questions:
* What charge should the prosecutor bring against Peterson: murder in the first degree? Murder in the second degree? Manslaughter?
* Did Peterson act in self-defense?
* What other options might have been available to Peterson, aside from obtaining a gun and returning to the alley? And besides shooting the driver?
The following two actives will allow you to explore and discuss several of the crime data sources discussed in this chapter:
6. As part of a criminal justice honor society paper to be presented at a local conference, you are asked to use the internet and determine how many crimes were reported for your city, your county, your state, and the United States during the past calendar year. How will you proceed?
7. Your criminal justice professor is working on a journal article concerning the dangers of police work, and she asks you to obtain some information on police deaths and assaults. Using raw FBI's UCR website and its supplemental report, Law Enforcement Officers Killed and Assaulted (at https://ucr.fbi.gov/ucr-publicationsLinks to an external site. ), what would you report?
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