Case Study: Criminal Justice
Question
Part I: You are the prosecutor. You are the court official that is responsible for charging defendants. I want you to charge each of the following by telling what crime or crimes you would charge each person with. Do not be concerned with degrees of various crimes (such as 1st degree murder, or 2nd degree robbery, etc.) just state what crime/s you would charge each of these men with. Explain why you chose those specific charges.
Part II: Now, you are the defense attorney assigned to defend these defendants. In reality each of these men would have different defense attorneys. What defense/s will you raise to each of the charges in order to defend them from each charge? Explain why you think your defense will work to either reduce the charge/s against your client or get your client off.
Adam: Charge/s:
Explanation of charge:
Adam: Defense/s:
Explanation of defense/s:
Ben: Charge/s:
Explanation of charge:
Ben: Defense/s:
Explanation of defense/s:
Cam: Charge/s:
Explanation of charge:
Cam: Defense/s:
Explanation of defense/s:
Don: Charge/s:
Explanation of charge:
Don: Defense/s:
Explanation of defense/s:
Vic: Charge/s:
Explanation of charge:
Vic: Defense/s:
Explanation of defense/s:
Solution
Case Study: Criminal Justice
Adam: Charge/s
Theft of the neighbor’s watch, murder, and trespassing
Explanation of charge
Adam had permission to access the neighbor’s house anytime. However, while looking for his gun, he came across the neighbor’s watch and stole it. Later, he took it to a pawn shop but found out it was not very helpful, so he dumped it. In addition to the theft charges, Adam killed Vic. He crawled under the fence to get to Vic’s trailer, hence the trespassing charges.
Adam: Defense/s
Adam is mentally unfit to undergo any trial and should be committed to a mental facility.
Explanation of defense/s
According to the factual background, Adam suffers from various mental disorders. He hears voices telling him to do things, believing he can talk to the dead through his wristwatch. Adam is mentally unfit to stand trial. Therefore, he should be taken to an approved mental facility for an emergency examination. If found unfit to stand trial, he should be hospitalized for up to 60 days for treatment. During this time, they will be examined to see if they are competent to stand trial. Due to his mental state, he should be institutionalized.
Ben: Charge/s
Assault, robbery with violence, rape, murder, and accessory to murder.
Explanation of charge
Ben threatens Gloria, hits her head, and demands money from her. He shoots her badly, wounding her, and she loses consciousness. Thinking she is dead, ben puts her in his rusty pickup so he can go and dump her body. He sexually assaults her unconscious and shoots her to death when she suddenly regains consciousness.
Furthermore, ben was an accessory to murder as he agreed to the plan to kill Vic and even provided financial assistance ($750) to buy a getaway car.
Ben: Defense/s
Ben has multiple charges against him. However, some of the crimes he committed were influenced by alcohol. Therefore, he should receive a minimum sentence and mandatory attendance to an assistance group.
Explanation of defense/s
When Cam attacked Gloria, he was intoxicated, which impaired his judgment. Cam’s drinking habits were habitual, and he needed professional assistance. He should get minimum jail time and a court order to attend an assistance group.
Cam: Charge/s
Aiding and abetting
Explanation of charge
Cam refused to be part of the plot to kill Vic. However, when he got to the crime scene and found Adam escaping, he assisted him. He even provided him with a house to hide from the authorities.
Cam: Defense/s
Cam assisted Adam because of his mental illness.
Explanation of defense/s
Adam and Cam were old friends. Therefore, Cam was aware of Adam’s mental state. When he found him at the scene escaping, he assisted him to prevent him from harming himself or others.
Don: Charge/s
Aiding and abetting
Explanation of charge
Don agreed to drive Adam to Vic’s trailer. He, therefore, participated in the murder of Vic.
Don: Defense/s
Don assisted in the murder of Vic by driving Adam to the scene. However, he later realized how bad the situation could get. So he drove off to the nearest petrol station and called the police. He should get a deal since he assisted the authorities.
Explanation of defense/s
By driving Adam to the scene, he aided in committing the crime. However, he should not be severely punished because he called it in.
Vic: Charge/s
No charges
Explanation of charge
There are no charges against Vic.
Vic: Defense/s
Vic did not aid in any criminal activities. Instead, he was killed based on assumptions his friends made.
Explanation of defense/s
Vic did not commit any crime. The shots he fired were for self-defense.
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