Prosecution Case Studies Samples For Students

Elements of the crime

Orr was arrested over an arson charge at a place called Atascadero. In order for the prosecution to prove that he was the person responsible for the crime, the following elements were identified. In this case, the prosecution provided both the Actus Reus and the Mens Rea element in their bid to charge Mr. Orr for the offense. On the Actus Reus section, the following factors were associated with the arson that Mr. Orr was under accusation. The factors included the physical manifestations that placed him on a probability scale of being the mastermind in setting the place ablaze.

Actus Reus

The prosecution ...

Re: Main Issues Involved in Key United States Supreme Court Cases

Since 1963, the United States Supreme Court has taken an expansive view of Due Process as it applies to criminal defendants. A number of important Supreme Court decisions have addressed the scope of a Prosecutor’s constitutional duties in light of the Due Process Clause of the Fourteenth Amendment. Although the Prosecutor stands in an adversarial position to the criminal defendant, the Prosecutor is sometimes required to disclose various forms of evidence that may be favorable to the defendant. These cases touch upon the delicate balance between a vigorous Prosecution and the defendant’s right to a fair trial ...

Factual Background

The Respondent in this matter, Abel and his friends were indicted with bank robbery in the District Court, with his cohorts pleading guilty to the charge as framed. The respondent however, denied the offence and the matter went for trial whereby one of the cohorts named Ehle agreed to testify against him. The respondent then made known to the court of his intention to discredit the testimony by Ehle by calling a witness named Mills who would testify to the effect that Ehle had admitted to him that he intended to implicate the respondent so as to obtain favorable treatment ...

Abstract

The God squad group, mainly made of boys in junior and senior years, uses the 9/11 attacks as a rallying point for combination of white supremacist, racist, anti-Semitic, ant-Islamic, anti-immigrant, ant-gay, nee-fascist dogma mixed with a good dose of anti-abortion and fundamentalist Christian diatribe. The group catches the attention of the administration when they show up at school all wearing their uniforms and distributes the first edition of their weekly "newsletter". The” newsletter” contains highly offensive diatribes on how it is the "the duty of all true Americans to fight against the forces trying to destroy our country". The ...

KPMG was investigated from 2001 onwards by the IRS because the company failed to properly regulate and monitor the use of tax havens. Complex accounting and auditing schemes challenged the company’s corporate governance and ethics. The professional code of conduct of all the staff and partners were often overlooked for business that was capitalist and maximised profit at the expense of the reputation and integrity of KPMG. The new chairman of the company faced a difficult ethical dilemma and created alternatives that would result in the best action to save the company and to minimise the consequences for ...

This article accesses the use and application of the Garrity rule in internal investigations of police officers. Apparently, the Garrity rule has not been applied consistently throughout police departments in the country. Some departments have applied the rule as stated by the Supreme Court, others have expanded the rule, while still others have limited the rule. Additionally, the Garrity rule has provided police officers with immunity from prosecution when immunity may not have been appropriate.

Facts

In Garrity v. New Jersey, 385 U.S. 493 (1967), the Supreme Court established a rule pertaining to statements made by officers during internal investigations. ...

Introduction

A criminal justice process is normally followed to ensure an individual’s rights are not abused. According to Moak and Carlson (3), the criminal justice process aims to ensure that relevant fact-finding is conducted in an effort to establish the truth. The criminal justice procedure needs to be done in accordance or by not being in contrary to an individual’s right as stipulated in the Fourth, Fifth, Sixth, Eighth and Fourteen amendments of the U.S. Constitution. Moak and Carlson (4) note that a criminal justice process needs to involve intensive cross-examination of both prosecution witness (the arresting officer and ...

The deceased, Carol Hoffman was murdered by her husband on the or about the evening of 10th or the early morning of 11th August 1981. They had earlier on spent the day together with their children and everything seemed fine. However, when they went to bed at night, David wanted to make love to his wife and when she refused, he choked her to death. After his wife’s death, David went to the basement of the house to call his mother (appellant) and asked her to go and sit in the living room. Sitting in the living room ...

Section I. Circle the letter of the most appropriate answer.
1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States:
a. The First Amendment.
b. The Fifth Amendment.
c. The Fourth Amendment.
d. None of the above.
2. “Substantive due process” refers to those procedures:
a. that are expressly enumerated within the four corners of the United States Constitution.
b. that are not expressly enumerated by the ...

H.R. 1412, the Justice and Integrity Act of 2009

H.R. 1412, the Justice and Integrity Act of 2009
A Report from Rep. Steve Cohen (d-tenn.), Discussing Racial Disparities in the Criminal Justice System That He Can Use To Move This Bill Forward in Congress

Introduction

According to Research Advocacy for Reform (2013), male Americans of black descent are six times more likely to be imprisoned than white males. Additionally, they are 2.5 times more likely to be incarcerated that Hispanics. If this trend continues, it is clear that every black American born today should expect to go to prison ...

People v. Poplar 20 Mich. App. 132, 173 N.W.2d 732 (1970) was an appeal filed in the Michigan Appellate Court by Marathon Poplar seeking to set aside a conviction of lower court that had found him guilty of aiding and abetting the crime of breaking and entering and of assault with intent to commit murder. The facts of the case which gave rise to the appeal are as follows.
On December 3, 1964 in the early morning hours, two men, Clifford Lorrick and Alfred Williams broke into the Oak recreation park building. However, before they could steal anything from ...

The Parole Board

Ethical Situation
The pressure on releasing inmates into community sentences is evident. The Governor’s fears are not implausible. However, releasing recidivism-prone inmates will increase the burden on the society and reduce their safety dramatically. Despite spending almost a trillion dollars on correctional facilities, the prisons are overflowing. A vast majority of these inmates are serving sentences for drug related charges. They will definitely get back to their former livelihoods the moment they step out of prison.
However, retaining them in prison under inhumane conditions is a violation of human rights. Since the US has the largest prison population ...

Responding to Rape Cases in England and Wales

Background to the problem
Sexual offenses cases such as rape are often the cause for debate in many countries especially when it comes to the capacity of the government to prosecute criminals and aid victims involved. For England and Wales, several laws and programs have been proposed to stop the growth of rape crimes and improve response from the government, from the Sexual Offenders Act of 2003 to the reorganization of government agencies such as the Sexual Assault Referral Centres. However, it is still a question on whether or not these actions are enough to improve how the authorities ...

Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)
Ashcroft v. Kidd, 131 S. Ct. 2074 (2011)

The appellant was John D. Ashcroft who served as the United States of America Attorney General between 2001 and 2005. In response to the appeal were, Abdullah al-Kidd, first Respondent, and The American Civil Liberties Union, second Respondent.

Facts

Abdullah al-Kidd was an America citizen, then a student at the University of Idaho where he even played football for the University. He converted into Islam during the course of his studies. In 2003, Abdullah opted to study Islamic law and religion in Saudi Arabia ...

1. Intentional harm to someone was the first tort committed. It was committed by George Walton. Dekker could sue Walton for slander because he was accused of stealing Walton’s hat. Since torts arise because of negligence or purposefulness, the crime could go both ways for both persons.
2. Walton could also sue Dekker for committing a tort and have him prosecuted for taking his hat. The tort would be res ipsa loquitur, which means that Dekker actions were negligent. The incident would not have occurred if he was not negligent.
3. In the third case, intentional harm ...

A gunman killed six people Tucson, Arizona and in a similar incident, 12 people died after a shooting in Colorado. This is in addition to multiple school shootings, which captured the headlines in the country, and point to even bigger underlying problems related to gun ownership laws, punishment laws, gang culture and partisan politics. The gun-related murders reach as high as 16,000 annually, with more than five million crimes involving guns (Rogers 1). The self-defence and constitutionally enshrined rights to own crimes have for centuries been pitted against the need to create a gun-less society, which is thought to be multiply ...

Abstract

Wayne Bertram Williams was an American national living in Atlanta, Georgia was who was suspected of killing two men as well as 28 to 30 other murders in the city. Many of the bodies he is suspected of killing were dumped by the roadside. The killer was meticulous and did not leave any evidence but for some fibers on the bodies of the victims. Wayne Bertram Williams was arrested on the James Jackson Parkway Bridge of the Chattahoochee River where the bodies were being dumped after the police heard a splash in the river. The prosecution of Wayne Bertram ...

Abstract

Intoxication is being in a state of alcoholic or narcotic intoxication. The government is increasingly sensitive to the cases of operating a vehicle while intoxicated, explaining that the drunk driver is endangering both for their life, health and property, and other road users. However, as practice shows, the number of the detained drunk drivers increases dramatically around the holidays.
If the circumstances of the crime are clear, and in a short time collected all the necessary evidence, the Prosecutor may apply to the court to hear the case under expedited proceedings. Basically, criminal cases associated with DUI are dealt ...

In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of the ...

Introduction

Every lawyer can prove that modern justice system is not perfect. There are such cases that can be tried for months and even years. When such a case appears, a judge might find it difficult to sentence a defendant. This case study is devoted to a thorough analysis of one of such cases – the case State of New Jersey vs. Sonney Pelham. The essay will be divided into several parts. The first part will contain a brief case descriprtion.The second part –mens rea – will be devoted to the issue of innocence of the defendant. The third part – actus reus- will be dedicated to the ...

Security Concerns: Libraries

Personnel thefts, crimes against property are some of the major issues that are besetting building and facility administrators at present. Entities invest significant amounts in developing and acquiring technologies with the goal of enhancing security levels, safeguarding personnel, and resolving security problems. These technologies include burglar alerts, fire defense alarms, video monitoring systems, and illegal entry devices and systems. Operated by technically-proficient personnel, will be able to aid in decreasing property risks, reduce resource losses, and enhance personnel as well as visitor security (Schneider, 2006, p. 1).
The fundamental objective of competent layouts and space management for libraries ...

A chain of eleven random explosions has taken place in an area that traverses two states and seven counties. The random explosions resulted in five deaths, 32 injuries and significant property damage. In all eleven cases, the explosions were detonated remotely. The Virtual Police Department of Maryland (VDP) will be the lead investigative agency because the first three attacks were within its jurisdiction. Two suspects were recognized and arrested, one adult male and the other a teenage male. Search and seizures were exercised, and both subjects confessed to their respective roles in the collective crime.
- Model: Investigative Taskforce
...

I. Introduction
Journalists have a responsibility to the facts of an event. This is an aspect of journalism that is often lost in the sensationalism that often follows the news in the modern era. Ethics and standards in journalism are principles that give the journalist a structural framework for conducting the practice of reporting on events, people, or places; they are designed to help the journalist navigate specific situations and challenges that journalists often face. Journalists do not exist in a vacuum; they are people with their own opinions and feelings about the things that they are reporting, and it follows ...

ELK GROVE UNIFIED SCHOOL DISTRICT V. NEWDOW, NO. 02-1624
Elk Grove Unified School District v. Newdow, No. 02-1624

Introduction

On 24th march, 2004 the case between Elk Grove Unified School District and Newdow was heard in the U.S supreme court. The court was to determine and rule on two essential issues concerning the case. The Supreme Court was therefore to determine whether Newdow who was the plaintiff and a noncustodial parent had standing in challenging recitation of the pledge by Elk Grove Unified School District. If the court ruled in favor of the plaintiff then, it was also to determine ...

Miranda V. Arizona and Terry V. Ohio
The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

The killing of Troyon Martin seems to have polarized America. On the one hand some people think that his killer, Robert Zimmerman, is guilty of a crime, and on the other hand there are those that think he is only guilty of poor judgment. The case has taken on racial overtones, due to Martin being black and Zimmerman labeled a “White Hispanic.” A large segment of the population believes the executive branch must intervene, and Zimmerman should be retried and found guilty of something.
Numerous petitions on whitehouse.gov call for bringing Zimmerman to “justice.” Essentially, the petitions betray an animosity ...

The probation department is a critical constituent of the criminal justice system. Probation officers have a fundamental obligation to the system and society at large to ensure that they facilitate the administration of justice in a fair, just and objective manner. They attain this essential duty mainly by preparation of presentence investigation report, which gets then submitted to the court of law. The report should be based on the defendant's character, criminal history, background, his family life and any other relevant facts that the officer may deem fit to aid in the administration of justice. The report will then be used by ...

X will not be successful in applying the defence of neccessity. In criminal law, necessity is not primea facie a criminal defence. The defence, however, does apply in certain circumstances as an area of reform in the law. The land mark case, R v Dudley and Stephen (1884) 14 QBD 273 gives an example of a scenario when the defence can apply, even though it was contravacial. Looking at the scenario, the defence will not apply to X because he had all the time to dispose of the firearm, but even if he had taken it to protect his life he ...

Madeline Neumann

The parents are guilty of causing the death of Madeline Neumann. The death was caused by recklessness on the side of the parents. The 11-year-old child was suffering from diabetes and the parents could not seek medical assistance. The girl had experienced several days or weeks of deteriorating health condition caused by diabetic ketoacidosis, which is readily treatable. The parents believed that the worsening condition was spiritual warfare between Jesus and evil forces. This made them believe that resisting worldly medicine would save her. The child died of neglect and child abuse by her parents. Every child is granted ...

Criminal Profile Paper on Andrea Yates

The Crime

On June 20th 2001, a mother of five did the unthinkable and killed her five children within one hour (O'Malley, 2004). The woman, Andrea Yates confessed to drowning her four sons and one daughter in the bathtub within the family’s house. The crime shocked American society and brought a lot of consideration to the psychological health of mothers and possible risks it presented for the family (Ewing, 2008).

On the morning of the crime, Russell Yates Andrea’s husband left his wife alone in the house with the children. This was a routine he had started a few weeks prior ...

Introduction

People face difficult situations in their daily lives and therefore, counseling is important to assist these people go through life smoothly. Among the many difficult situations, that people experience is domestic violence. Domestic violence affects not only the partners involved but also their children and society (Dutton, 2006). The partners may not notice the harm they cause their children when involved in violence but it actually affects children psychologically. When clients of domestic violence appear in counseling sessions, a counselor needs to observe the necessary legal and ethical issues in dealing with the situation. The counselor may experience several challenges ...