criminal courts week 3

Assignment 1: Consider the Victim

In this assignment, you will identify the victims and the defendants, the rights of victims permitted under state law, the procedures to prosecute an accused, and the possible penalties based on the given scenario.

Centervale police officers, Anne and Justin, respond to a report of domestic dispute. There had been a total of nine calls for service, including two in the past year. On the way, Anne informs Justin that this may be a very volatile situation because this couple is constantly in and out of Domestic Violence Court; even though they separate all the time, they always get back together.

Here's What Happened . . .

The officers arrive and knock on the door, "Hello! Police, can someone please come to the door?" A man yells "Come in!" from inside the house. They decide not to enter the residence under these circumstances to protect their own safety. Anne asks the man to come outside and speak to them.

The door opens. A man, who identifies himself as Mike and a friend of the family, opens the door. He says that Lilly and her husband, Johnny, were just fighting and that there is no problem now. Mike did not appear to be intoxicated but smelled of alcohol. Anne explained that someone has reported a domestic dispute to the police department from this residence and that they were there to check upon the situation. Anne asks Mike if anyone was using any weapons. Mike denied this and said that Lilly was inside the house, ironing clothes. If Anne wanted, she could go and talk to Lilly.

Justin stays with Mike while Anne enters the house and calls for Lilly. Lilly says, "Officer, he hit me on the head with his hand and I hit him with the iron." As this was a mutual assault, Anne stops questioning Lilly and asks Mike what Lilly hit Johnny with. Mike responds, "With the iron."

Anne asks Lilly where Johnny is and she says he was in the dining room. Anne asks Lilly if Johnny has any weapons. Lilly says she did not think he did or at least he did not when he hit her in the head. Anne stays with Mike and Lilly while Justin cautiously enters the house to discover Johnny in fetal position under the dining table.

When Justin first approaches him, Johnny is unresponsive but slowly becomes responsive. Justin notices a large contusion on the left side of Johnny's face when he rolls over to look at Justin. Justin calls for an ambulance, as Johnny was not in a position to answer any questions due to the injury on his head and the possible effects of the shock.

Anne continues to question Mike, "Who struck whom first?" Mike responds, "Johnny hit Lilly like he always does when he drinks Jack Daniels and beer, and then Lilly really got mad at Johnny, hit him with the iron, and went back to ironing. I don't know where Johnny went after that because I was on the couch watching TV and drinking beer." Anne then asks Mike, "How many times did Lilly hit Johnny with the iron?" Mike responds, "Only once that I saw."

Anne further asks, "How many times did Johnny strike Lilly?" Mike states, "Twice that I saw."

Anne asks how much had they been drinking. Mike responds, "Johnny had been drinking about 4 or 5 bottles of beers and Jack Daniels, Lilly did not drink at all, and I only had half a bottle of beer."

Johnny was taken to the hospital to have the contusion checked. When Johnny was stable, he was questioned and advised of his rights. He describes that he was angry because Lilly did not come home at 4:00 p.m., and he was hungry. He admitted that he had been drinking and struck his wife. The next thing he knew was that he was at the hospital.

Submission Details:

By Saturday, March 29, 2014, in a minimum of 250 words, post your response to the following questions in the Discussion Area:

· In this situation, who is the victim and who is the defendant? What are the reasons for your choice?

· What rights are victims permitted under the law of your state? Use examples to support your response.

· How should the prosecution proceed in this case?

· What are the possible penalties that can be imposed in this case?

Assignment 2: LASA 1: DWI Case Study

George, Mark, and three other friends have planned to go out drinking for the evening at several nightclubs about 45 miles from Centervale. George has offered to drive the group in his Pontiac Bonneville. Although there are not enough seatbelts for everyone, the group piles into the vehicle and ventures out for a night of fun on the town. Several hours later, after visiting three bars, Mark drives the group to the next bar because George has had too much to drink. Unfortunately, Mark has also had too much to drink, which causes him to lose control and crash the vehicle.

When emergency services arrive on the scene, Mark is not seriously injured and is able to give details of what he believes happened to have caused the crash. George is seriously injured and is life-flighted to a trauma center along with another friend, one friend is deceased, but still seat belted in the car, and one friend who was thrown from the vehicle, sustained moderate injuries.

Highway Patrolman Green suspects' alcohol might have played a role in the crash and asks Mark to perform a series of field sobriety tests. Mark fails the tests, and is arrested and charged with DWI. Mark awaits his Initial Appearance in court, while the Highway Patrol Reconstruction Team reconstructs the crash, calculates the approximate speed of the vehicle, and determines other pertinent facts.

The Highway Patrol Officers review the case with the District Attorney before Mark's initial appearance. It is agreed that Mark can be charged with reckless driving, speeding, four counts of felony assault, and one count of involuntary manslaughter. Mark's toxicology tests revealed a blood alcohol level of .21 and further evidence shows he was driving at 75 miles per hour at the time of the crash.

The Judge formally reads the charges, advises Mark of his rights, and appoints him an attorney during his initial court appearances. Mark posts bail while he awaits his arraignment. You are working with a Criminal Justice university course. The professor has asked you to create a case study on this case that will provide her students with a real world situation that demonstrates the basics of the class. Your case study must:

1. Identify, define, examine, and discuss the crimes committed in the above scenario.

2. Demonstrate your knowledge of the criminal justice process that occurred in this scenario. Evaluate the beginning and end of the involvement of the criminal justice system in this scenario. Research your state's view on deaths related to DUI offenses and the potential that this crime could be classified as murder. Relate each involvement to the Court system or Criminal Justice System as a whole.

3. Propose a possible "next step" for Mark and the case. Compare and contrast his possible options. What systems of the Criminal Justice System will be accessed with each option? Consider Mark's rights as a defendant in this scenario from postarrest through awaiting trial.

4. Examine the rights of the victims as they related to the criminal justice process.

5. If these crimes were committed in a state that has a Grand Jury system, discuss where in the series of steps the Grand Jury would hear evidence in this case.