Analysis and Application: Procedures in a Criminal Trial
The following case study presents issues related to procedures in a criminal trial and the roles of the major participants.
Jones, Walsh, and Bert have been arrested on suspicion of rape and criminal assault of a 14-year-old girl. As the police investigation unfolds they locate and obtain the statement of Bland, who provides them additional information about Jones. The evidence the police uncover reveals that there have been three separate assault and rapes of juveniles over a 3-day period.
The prosecutor in the case files charges against Jones, Walsh, and Bert for their acts. Bert hires an attorney to defend him. Bert tells his defense attorney that he did not commit any of the rapes and that he was only present one time with Jones and all he did was hit one of the girls. Bert explains that he can prove this because at the times the other rapes are alleged to have occurred, he was with Mook. Mook is currently out of the country on a mountain climbing trip and will not return for 2 months.
Shortly after the prosecutor files charges in the case, Bland contacts the prosecutor’s office and provides a written statement to the prosecutor that Walsh was not present during any of the rapes.
In a 2-page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions.
- How should the court rule on Bert’s motion for severance in the case?
- What should the prosecutor do following the statement Bland after charges had been filed against Walsh?
- How should the court rule on Bert’s motion to continue regarding Mook?
Note: This Assignment will require outside research. Use at least two credible sources beyond the text material, and discuss how you evaluated the credibility of the resources used. You may consult the Library, the internet, the textbook, course material, and any other outside resources in supporting your task. Use proper citations in APA style.
- The paper should contain a cover page and a list of references in APA format.
- All internal citation of outside sources plus the listing of all references should also adhere to APA format
bonus questions, 1-2 paragraph each please site the sources on their own document separate from the actual assignment
1.Discuss the role of plea bargaining in criminal trials. What are the advantages of allowing defendants to plea to reduced charges/sentences? To what extent should victims of crimes be consulted in the plea bargaining process? Make sure you state whether you agree or disagree with the plea bargaining process.
In Court – What Would You Do?
2.You are an undercover officer who is on the stand testifying at the trial of a mid-level drug organization member. During cross-examination you have been asked by the defendant’s attorney to reveal the name of your informant in the organization. You have been advised by the prosecutor and your commander to not reveal the name of this informant as doing so would result in the loss of a very valuable resource inside the drug organization and most likely the informant’s life as well. The judge has ordered you to answer the question over the objection of the District Attorney handling the case and warned you that you will be held in contempt of court and placed in a jail cell until such time as you will answer the question.
Discuss how you would handle this situation and your reasons