Prosecution Stand Point

The case that I will be discussing is the cold murder case of Lucille Johnson from Salt Lake City, Utah. Unfortunately, at the time of the murder the investigators didn’t take certain evidence serious in the case. The investigators thought that it was just evidence that had no meaning. None the less, it ended up convicting the murderer, John Sansing.

The case I chose to write on is based on a DVD that we watched in class called ‘Beaten by a hair’. In this case, a woman was reported missing after she went to work and never returned home. After the police discovered a bloody pillow case in the woods, near her house, they linked it to the missing pillow case in the woman’s room, and then realized that they had a murder case on their hands. A mystery in the case was that one of the local neighbors had mentioned seeing the woman leave through the front door of her house but the evidence says different, so investigators had to find out who left the house that morning. I am interested in this case because it was very intriguing how the forensic officers put all the pieces

Is conducted by a single judge to establish if a case is eligible for a trial by jury.

COMES NOW the Defendant, Josue Emmanuel Rivera Lemus, by and through counsel, Vernida R. Chaney, and pursuant to18 U.S.C. § 3553(a), Rule 32 of the Federal Rules of Criminal Procedure, Section 6A1.2 the United States Sentencing Commission, Guidelines Manual (“U.S.S.G.” or the “Guidelines”), United States v. Booker, 543 U.S. 220 (2005), United States v. Hughes, 401 F.3d 540 (4th Cir. 2005), and this Court’s Policy Regarding Procedure to be followed in Sentencing, represents that he has reviewed the Probation Office’s Presentence Investigation Report and submits the Defendant’s Position with Respect to Sentencing to aid the Court in determining an appropriate sentence.

Currently, there is a lawsuit pending in Vigo Superior Court which is alleging that negligence by a property owner contributed to the death of three people. These deaths were a result of a fire which engulfed a rental property. The lawsuit claims that both the property owner and the property agent had failed to ensure that there were functional smoke detectors installed within the home. This home was occupied by Kayla Lewis, her daughter Gabrielle, and her stepbrother Jeremiah. Gabrielle age 2, was pronounced dead at the scene amongst the early morning fire at the home. Jeremiah age 5, was transported from the scene but later died at the hospital. Gabrielle's sister Chloe age 3, and her mother Kayla were both hospitalized due to injuries sustained in the fire. Kayla made it to the hospital, but later died.

In 2012, Marissa Alexander went to trial for firing a warning shot against her abusive boyfriend. A year later, George Zimmerman went to trial for the murder of Trayvon Martin. Both Alexander and Zimmerman violated the “Stand Your Ground” law and they both were prosecuted by Angela Corey. Although Alexander did not kill anyone, she was found guilty and served three of her sixty-year sentence, while Zimmerman walked free. Was there racial discrimination in the ruling of these cases? It can be determined that race played a role in the ruling of these cases.

Decide which witnesses could support the prosecution’s case and which witnesses would support the defense’s case. How does Search and Seizure relate to the B.I.G. case?

Ladies and gentlemen of the jury, thank you for your attention, on this exceptionally significant case. My client Mary Maloney is being accused of murdering, her husband, Patrick Maloney. Due to a lack of physical ability, how would a woman who is six months pregnant be able to exert enough force to execute her six foot five inches husband? Let us not forget that her husband was a senior officer, trained to defend himself for a living. There is no reason for Mary to kill Patrick. They love each other and they never did anything immoral to each other. Mary is a lonely, obedient woman with no job and loves her husband very much. Mr. Maloney arriving home from work was all she looked forward to. Why would she even carry out such a thing? Mary Maloney couldn’t have killed him due to a lack of physical ability, motive and evidence. From all those facts we all know, she is an innocent woman.

Question 7: Despite the wording of most statutes proscribing the offense of escape, courts increasingly require the prosecution to prove the defendant’s specific intent to avoid lawful confinement. Are courts justified in imposing such a requirement on the statutory law?

The competency to stand trial is coming into question in the case against Deasia Watkins. The CBS news article illustrated a 20-year-old mother who has allegedly decapitated her infant daughter. The police arrived to find Watkins’ 3-month-old child decapitated on the kitchen counter in the home of the child’s aunt that was temporarily caring for the child. Watkins appeared to be suffering from mental issues when she was found in bed covered in her child’s blood. Watkins has to be sent for treatment and further evaluation at a psychiatric hospital with the intention to restore her competency so she will be able to stand trial on an aggravated murder charge in the death of her child. She was already considered a threat to the child and diagnosed with postpartum psychosis prior to the incident. Social workers found the child a home with her aunt, but were not aware that Watkins had moved in. Doctors have six months to restore her competency for a hearing in October to reevaluate her mental stability. Even after that evaluation doubtable question of whether or not Watkins was competent at the time of the murder of her infant daughter still comes to mind.

Murder cases can be very difficult to prove. To prove a murder case and claim someone’s guilt, ultimately relies on hard evidence, a solid timeline, and a consistent testimony given by a witness. This is because, for a case to be considered ‘solid’, the jury and judge depend on hard facts, belief, and credibility of the witness. In the podcast Serial, Adnan Syed is the alleged murder of his ex-girlfriend Hae Min Lee, which in this case, has none of the things listed about a solid case. Most cases can be solved with DNA samples, a weapon found, and small pieces of evidence found at the crime scene. However, there is

These deficiencies in pro-prosecution policies as presently implemented will need to be addressed if victim endorsement of such policies is to be achieved (MacLeod, 1995).

Severance works somewhat differently in federal criminal trials because this case involves the indictment of more than one defendant Jones, Walsh and Bert. In Bert 's situation, his defense attorney will provide an argument that a joint trail might be unfair against Bert or reaching a decision on the rape charges against him. The Severance is not automatic because the Federal rule 14 allows judges broad discretion in deciding whether to grant a severance to Bert. To be successful, Bert’s defense will to fill a motion for his severance which must show the concerns for Bert 's right to a fair trial outweigh the goals of the joinder. One of the most successful grounds for seeking severance for Bert arises when Bert wishes not to testify on all, some or any of the charges in the trail but chooses to claim his Fifth Amendment privilege on one or more charges. The separating by court order, such as separate trials for Bert, Jones, and Walsh who are charged with the same crime, or trying the negligence aspect of the rape charge or any other charge before the trail. Such division of issues in the trail is sometimes called "bifurcation." ("Burton 's Legal Thesaurus," 4E. (2007).

QUESTION 4 (4 points): After a plea bargain, Joe Smith pleads guilty to a burglary charge. In the bargain the prosecutor promised that Joe would get probation only as a sentence in exchange for the guilty plea. The judge sentenced Joe to a year in jail. Can Joe withdraw his guilty plea? State the reasons for your answer. Joe Smith does have the right to withdraw his plea of guilty as long as it is part of the plea bargain that he only receive probation. When a defendant agrees to a plea bargain with a prosecutor then he or she has the right to assume that the said prosecutor will keep his or her word and that they would be obliged to keep his or her promise. Santobello v. New York is a case that is similar to Mr. Smith’s. Mr. Santobello

The defendant Juan Antonia Godin-Mendoza, had from 1972 lived in a stable and permanent homosexual relationship with the protected tenant of a flat, until his death on 5th January 2001.