How the Courts Address or Respect Our Rights as Citizens – Presentation
Running Head: SUMMARY OF CASE
SUMMARY OF CASE 1
Summary of Case
Fanta Simpson
Chamberlain University
Professor Metz
Title of the case: Armed Robbery
Facts of the case:
Mr. Robert was involved in a shooting incident in a hypermarket in New York City that led to a 3 million US dollars robbery. The evidence seized during the incident is with the authorities going after him for an arrest and prosecution. The police have raided his house in search for the gun that is suspected to have been used during the incident.
History of the case:
The legal framework provides that Robert should be arrested and prosecuted. There are several forms of trials available for defendants charged with robbery include innocence; the government has the burden of proving that the defendant committed the crime beyond reasonable doubt (Bem, 2017). Sentencing for armed robbery can differ according to several factors. The severity of the crime, including the type of weapon used during the execution of the crime, will likely be considered.
Legal questions:
The legal issues that the court has to consider in their trial options carefully include; innocence, intoxication, entrapment, and coercion. This will provide clarity in prosecuting Robert's case.
Decision or holdings:
The court decided for the defendant because the court applied the legal principles to the specific facts in the case to arrive at a decision.
Verdict and opinion (judgment):
The descending opinion was that the evidence deduced was not watertight to prove Robert's case beyond reasonable doubt (Bem, 2017). Among the five-judge bench, three ruled in favor of the defendant, while two decided against the defendant. The final verdict was that there was no sufficient evidence to link Robert to armed robbery, a class D felony in this state of New York, and therefore the defendant was acquainted.
Reference
Bem, A. (2017). Access to justice and protection of rights of citizens. Paper Presented by Secretary-General/Ceo Centre for Legal Rights Advancement (CLERA) for Magistrates On Modern Judicial Practice And Procedure-Modernising Judicial Practises.
Hanoch, D. & Avihay, D. (2018). Interpersonal Human Rights. Cornell Int'l LJ 51, 361.