Analyzing Procedures in a Criminal Trial: A Case Study

by | May 13, 2024 | Law

 

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. Case Study:
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 Walsh. 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 two 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.
1. How should the court rule on Bert’s motion for severance in the case?
2. What should the prosecutor do following the statement Bland after charges had been filed against Walsh?
3. How should the court rule on Bert’s motion to continue regarding Mook?

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


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God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

 

Title: Analyzing Procedures in a Criminal Trial: A Case Study

Introduction

In the case study involving Jones, Walsh, and Bert, who have been arrested on suspicion of rape and criminal assault, various legal procedures and roles of participants come into play. This analysis delves into the questions posed regarding Bert’s motion for severance, the prosecutor’s actions after Bland’s statement, and Bert’s motion to continue concerning Mook.

1. Bert’s Motion for Severance

Bert’s motion for severance requests to be tried separately from Jones and Walsh due to his defense strategy conflicting with the others’. The court should consider granting this motion based on several factors. Firstly, Bert’s defense attorney claims he was not involved in the rapes but was present during one incident where he only hit a girl. This defense differs significantly from the other defendants’ potential arguments. Trying Bert together with Jones and Walsh could lead to prejudice as the jury might incorrectly infer guilt by association. Severing the trials would ensure each defendant receives a fair trial based on their individual actions and involvement.

2. Prosecutor’s Response to Bland’s Statement

Following Bland’s statement exculpating Walsh from the crimes, the prosecutor has a duty to review this new evidence diligently. It is crucial for the prosecutor to act in the interest of justice and fairness. Given that charges have already been filed against Walsh, the prosecutor should reassess the case in light of this exculpatory evidence. It may be necessary to drop the charges against Walsh if Bland’s statement casts doubt on his involvement. Failing to act upon this new information could lead to an unjust prosecution, undermining the integrity of the legal process.

3. Bert’s Motion to Continue Regarding Mook

Bert’s motion to continue the trial due to Mook’s unavailability as an alibi witness presents a challenge. The court should carefully weigh the importance of Mook’s testimony in Bert’s defense against the delay it would cause in the trial. Since Mook is out of the country and unavailable for two months, granting a continuance may be necessary to ensure Bert’s right to present a complete defense. Denying this motion could deprive Bert of crucial exculpatory evidence, potentially violating his constitutional rights to a fair trial. Therefore, the court should consider granting the motion to continue to allow Bert the opportunity to present his alibi defense effectively.

Conclusion

In conclusion, analyzing the case study involving Jones, Walsh, and Bert sheds light on critical legal procedures in a criminal trial. By addressing Bert’s motion for severance, the prosecutor’s response to new evidence, and Bert’s motion to continue regarding Mook, we emphasize the importance of upholding fairness and justice in the legal system. Adhering to these principles ensures that each defendant receives a fair trial and that the truth prevails in the pursuit of justice.

 

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