Assignment: Judicial Process, American Law
Case Study I
Brian is a 32-year-old male who lives with a roommate in a two-bedroom house rented from Clark Real Estate. The house is located next door to a daycare for children who range in age from 2 to 5 years old.
Brian works at a video game store at the local shopping mall. His roommate works third shift at a nearby bread factory. During Brian's off time-he works weekends and has two weekdays off-he volunteers at the daycare. The daycare conducted a background check on Brian before allowing him to volunteer, which he passed due to having no arrest record. Brian, an avid video game player, also spends a great deal of time on his computer playing games and surfing the Internet.
Officer Yoder was recently assigned to the ICAC (Internet Crimes Against Children) Task Force, and when he returns from training, he uses his newly acquired skills to search out and identify individuals involved in the acquisition and dissemination of child pornography.
Officer Yoder's investigations lead him to Brian, who has been receiving and sharing thousands of images of children who are being sexually exploited. The images are being shared in multiple states and in several foreign countries.
Officer Yoder obtains a search warrant for Brian's residence and computer system. The computer is seized, and Brian is detained for questioning. Brian's roommate is also detained for questioning, although he claims to have no knowledge of Brian's actions. The roommate does have a prior conviction for a DUI, but he has been following his probation guidelines well in an attempt to get back on track.
During Brian's interview, he confesses to taking nude pictures of the children at the daycare and uploading them to various Internet groups with which he is associated.
Part A
Your role is the investigator and your audience for the brief is the commanding officer.
Write a 500 word brief that provides the rationale for taking the case in the case studyto trial. In your brief, address the following:
a. What are the charges?
b. What is the reasoning behind the charges?
c. Which court(s) can or should be solicited?
d. What is the reasoning for choosing that court?
o Note: Most importantly, a plea deal is not an option in this situation.
e. Provide your reasoning for why you would not take an alternate path, such as a particular court.
f. Provide your reasoning for why a plea deal is not appropriate.
Part B
Nowthe audience is your assessor. In 200 words respond to the following critical reflection prompts:
a. How can overcharging or horizontal and vertical charging be employed as a strategy for discovering the truth? When is it most appropriate?
b. By whom are the strategies best applied?
c. At what point does overcharging or horizontal and vertical charging become coercion?
d. Is the strategy ethical?
Case Study II
Officers walking a foot patrol one evening see a 34-year-old man sitting in his car parked in front of a closed business. They observe him using his laptop computer. When he sees the officers, he quickly closes his computer. Because of the fact that businesses were closed and there had been problems of burglaries in the area in recent weeks, along with the man's reaction to seeing the officers, the officers decide to conduct a consensual contact with him. The man, named Edward, is asked if he would mind talking with them for a couple minutes, and he readily agrees.
Edward claims that he was in the area so that he could use the Wi-Fi from the businesses to "check emails of some friends on his computer." The phrasing of Edward's answer arouses the officers' suspicions, and they follow with additional questions. During the conversation, Edward admits that he was looking at "boys in Speedo swimsuits" on his computer.
Recognizing a pattern of conduct that is often found with individuals who are involved in child sex exploitation cases, the officers gain Edward's consent to search his computer. Their goal is to ensure that Edward was doing exactly as claimed and to verify that he does not have any child pornography on the computer. Edward agrees to bring the computer to the police department and allow a "simple forensic search" of the files.
The officers allow Edward to keep the computer in his car as they follow him in their car to the police station. At the police station, Edward signs a consent to search form and hands the officers his computer. A quick search reveals that there is indeed child pornography on the computer.
As soon as the first image is observed, officers cease the search and tell Edward what they have found. Edward is allowed to leave the police station and returns home with the understanding that a full investigation will be completed and that if there is evidence of illegal acquisition and distribution of child pornography, a summons will be obtained from the court so he can answer to the charges.
In the following days, Edward quits his job a local child care facility and moves to a neighboring state. Officers go to a judge to ask for a warrant to search Edward's computer. The information obtained leads to another warrant request to search Edward's work computer and his residence for additional evidence.
The service of those warrants leads officers to the neighboring state, where they coordinate with the local police authority there to locate Edward and continue their investigation.
When arrested on the warrant, Edward refuses to accompany officers to his home state on the original charges. An extradition hearing is pursued.
Eventually Edward is brought to trial. During the trial, Edward's defense attorney tries to raise doubt about the consensual nature of the initial contact by the officers. Edward's attorney wonders why someone in Edward's position would voluntarily allow the officers to search his computer, much less leave it at the police station. Furthermore, the defense attorney points out that Edward had ample opportunity to erase the files on the way to the police station, indicating that perhaps he had been coerced into thinking he was not under suspicion. A number of jury members are unsure of what reasonable doubt really means in this situation.
Question A:
Respond to the following in 200 words:
a. What is the judge's power, and how is it used?
b. What is the prosecutor's power, and how is it used?
c. What is the defense attorney's power, and how is it used?
d. What is the duty of a jury?
o In your response, point to details from the case studies to enrich your response. You may predict next steps for each role or discuss how an element of power in that role will come to bear on a predicted aspect of the case.
Question B:
Respond to the following in 200 words:
a. What is the relationship among the judge, the prosecutor, the defense, and the police?
b. To enrich your response, point to details from the case studies. You may predict next steps for each role or discuss how an element of power in that role will come to bear on a predicted aspect of the case.
c. Despite changes in who holds the most power, why does the judge receive the most deference? In your response, be sure to incorporate historical influence, institutional practices, and/or political factors to support your position.
Question C:
Respond to the following in 200 words:
a. How does the power of different judicial system roles vary in other countries?
b. Are there any best practices that could apply in the U.S. judicial system?
Format your assignment according to the give formatting requirements:
a. The answer must be double spaced, typed, using Times New Roman font (size 12), with one-inch margins on all sides.
b. The response also includes a cover page containing the title of the assignment, the course title, the student's name, and the date. The cover page is not included in the required page length.
c. Also include a reference page. The references and Citations should follow APA format. The reference page is not included in the required page length.