Victims’ Rights & Compliance vs. Enforcement: An Analysis of the Adnan Syed Case

by | May 10, 2024 | criminal justice

 

Victims’ Rights & Compliance v. Enforcement: An Analysis of the Adnan Syed Case

No directly quoted material may be used in this project paper.

For this Project, you are to assume you are a judge for the Supreme Court of Maryland. You recently heard oral argument for the case of Adnan Syed v. Young Lee, as Victim’s Representative, et al. You were provided with the following multiple sources for background on the case by both sides:

Timeline—The Adnan Syed Case (New York Times)
Adnan Syed Ask Appeals Court to Deny Request from Victim’s Family (ABC News)
Adnan Syed Case: Brief Seeks to Uphold Ruling(WBALTV)
Adnan Syed’s Murder Conviction (WBALTV)

You have also reviewed the lower court’s decision causing this case to arise to the Supreme Court.

Required Analysis:

You have been asked to write a court opinion addressing the following legal questions about the Adnan Syed case:

Provide a brief overview of the facts of the case that was the subject of the Serial Podcast(https://serialpodcast.org/season-one)
Was reasonable notice given to Mr. Lee (Haw Min Lee’s brother) by the Baltimore City prosecutor? If yes, why? If not, what would reasonable notice look like?
How does reasonable notice impact a victims’ ability to be present at a trial or hearing?
How does presence impact a victims’ ability to be heard?
Did the prosecutor in this case comply with Article 47 of the Maryland Constitution requiring, “A victim of crime shall be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process.” Why or why not?
What processes could have been established by the prosecutor’s office to ensure there was no question that Mr. Lee had been afforded all of his rights under Maryland law?
Who is ultimately responsible for the delays in this case resolving, the victim or the government? Explain your analysis here.
How has this cased illustrated the general public’s lack of understanding of the difference between compliance of victims’ rights (the concept that those obligated to afford the rights under the law do so) v. enforcement of the rights (the ability to seek redress through the courts when rights are violated)?

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: Victims’ Rights & Compliance vs. Enforcement: An Analysis of the Adnan Syed Case

Introduction:

As a judge for the Supreme Court of Maryland, it is crucial to examine the legal issues surrounding the Adnan Syed case and determine the adherence to victims’ rights laws as outlined in the Maryland Constitution. This court opinion will address key questions related to reasonable notice, victim presence at trial or hearing, compliance with Article 47 of the Maryland Constitution, responsibility for case delays, and the distinction between compliance and enforcement of victims’ rights.

Overview of the Adnan Syed Case:

The Adnan Syed case gained widespread attention through the Serial Podcast, focusing on his conviction for the murder of Hae Min Lee in Baltimore. The case raised concerns about procedural fairness, witness testimony reliability, and the handling of evidence.

Reasonable Notice to Mr. Lee:

Reasonable notice is essential to ensure that victims’ family members, such as Mr. Lee, are informed of trial proceedings and have the opportunity to be present. If reasonable notice was not given by the Baltimore City prosecutor, it could hinder Mr. Lee’s ability to participate in the legal process and exercise his rights as a victim’s representative.

Impact of Victim Presence:

The presence of victims or their representatives at trials or hearings allows them to observe proceedings, provide input, and have their voices heard. It plays a crucial role in promoting transparency, accountability, and ensuring that victims are actively involved in the criminal justice process.

Compliance with Article 47 of the Maryland Constitution:

The prosecutor’s compliance with Article 47, which mandates dignified and respectful treatment of crime victims, is essential for upholding victims’ rights throughout the criminal justice process. Any failure to adhere to these principles may undermine the integrity of the legal system and impact victims’ experiences.

Establishing Processes for Victim Rights Protection:

The prosecutor’s office could have implemented clear protocols for notifying victims’ representatives, maintaining communication channels, providing updates on case progress, and addressing any concerns or questions promptly. These processes would ensure that victims are informed, supported, and treated with sensitivity.

Responsibility for Case Delays:

Analyzing the delays in resolving the Adnan Syed case requires examining factors such as procedural complexities, evidentiary challenges, legal motions, and court scheduling. While both the victim’s representative and the government may contribute to delays, it is essential to determine the primary causes and address them effectively.

Understanding Compliance vs. Enforcement of Victims’ Rights:

The Adnan Syed case highlights the distinction between compliance with victims’ rights laws (ensuring obligations are met) and enforcement of those rights (seeking redress through legal avenues). The public’s lack of understanding regarding these concepts underscores the importance of education, advocacy, and accountability in protecting victims’ rights.

Conclusion:

In conclusion, the Adnan Syed case serves as a critical examination of victims’ rights, compliance with legal mandates, and the enforcement mechanisms available to address violations. By prioritizing victim-centered approaches, promoting transparency in legal proceedings, and upholding constitutional standards of dignity and respect for victims, the criminal justice system can better serve all individuals impacted by crime. It is imperative for courts to uphold victims’ rights, ensure due process, and create a fair and equitable legal environment for all parties involved.

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