Defensible Actions
MY REPLY TO THE PROFESSOR AND THE CLASS
Defensible Actions
After a high school fight between three boys, the police are called by a few witnesses of the act. The police need to investigate to determine whether the act committed was a crime or not. They must launch an investigation by collecting reports from the eyewitnesses and the boys. Two boys are there, one lying on his back with blood gushing out of his head and the other one holding his right shoulder. The boy lying on his back seems a little disoriented, almost losing consciousness. The other boy appears to have several contusions on his body. However, the other boy who injured the two is missing from the scene. The police then question the two victims, the suspects, and the eyewitnesses to gather enough details about the incident. The evidence collected is documented in cell phone footage, photographs, audio reports, and notes. Both the victims and the eyewitnesses share their side of the story. However, Jake, the boy lying on the floor, is rushed to the hospital. Coincidentally, they all give a consistent account of the event, all stories coinciding.
From the eyewitness, Tony and Jake's stories, and the fact that Scott, who had beaten up the others, had run away, the police determined that Scott might have acted criminally. Upon determination that Scott acted criminally, “the prosecution then gathers the evidence the police and/or investigators have collected and presents it to the court” (Lippman, 2018). The court then determines whether the evidence displays actus reus (criminal act) and mens rea (state of mind) and whether the two correspond or match with each other.
“In every public offenses or crime, there must exist a union, or joint operation of act and intent, or criminal negligence” (Reid, 2016). Another factor normally presented in court is the causation and harm to the victim. In some cases, the defense team presents a request to the court, backed up with evidence, to exclude all the pieces of evidence that may have been gathered unlawfully. Such an act is considered a violation of the constitutional rights of the defendant.
“There is a presumption of innocence until proven guilty in a court of law. The prosecutor’s burden is required as a matter of due process of law to establish every element of a crime beyond a reasonable doubt” (Lippman, 2018).
References
Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies. (5th ed.). (Ch. 8). (pp. 196-199). Thousand Oaks, CA: Sage Publications.
Reid, S., T. (2016). Criminal law: The essentials. (3rd ed.). (Ch.2). (pp. 35-36). New York, NY: Oxford University Press.
PROFESSOR QUESTION FOR ME TO ANSWER BACK
Thank you for your response. In addition to making a decision on the presence of the elements of crimes, the prosecutor must also determine if a juvenile will be charged as a youthful offender or an adult. In many violent cases, the prosecutor uses multiple factors. Understanding the aforementioned, in this case do you think the juvenile should have been charged as a juvenile or an adult? Why?