Assignment 3
Instructions
A little background: You have learned about many aspects of the criminal justice system that affect cases going to court and court proceedings. The CJ system must be viewed in its totality to see how different factors affect the outcome and ultimately the quest for justice.
Assignment 3
The fact of the case and the synopsis of the Model Panel Code § 1.13(5):
Susan confronted a boy named Jack, both became good friends as they were regularly meeting up here and where. While finally they were committed to a relationship when they went out to shop for some snacks and utensils in the Supermarket. Moreover, Model Panel Code § 1.13(5) is considered to be a substitute for negligence, recklessness as well as knowledge which is required to be established under the criminal act while staying this in mind the defendant needs to keep in mind any further actions or inaction taken by them. This case is related to Susan, who is criminal-minded, when it was identified by Jack, then she suddenly grabbed the car keys in an attempt to run the car on her boyfriend. Moreover, Jack manages to jump aside and could escape with all minor injuries as he was hit by the car on his foot.
Alternatively, the implementation of the criminal justice system mainly includes police, as well as the trial court or even the jury who is determined about the negligence, recklessness, and the prime factor related to knowledge, which mainly includes the defendant here in the case of Susan who wanted to defeat her boyfriend with a reckless action and attempted to injure the plaintiff, which is her boyfriend Jack, who come up with several injuries. This incident mainly includes the concurrence of the different criminal acts actus reus and the criminal intent mems rea By Susan to attempt murder or cause even a minor cut to her boyfriend Jack.
After listening to the case, it is predictable that Susan has tried to take murder action against her boyfriend with whom she did not even spend more time while she almost recklessly decided to drive the car over her boyfriend. As opined by Davis & Marshall, (2020), as the story stated Jack was clever as he could recognize the matter and can continue to understand the way Susan grabbed the keys and get into the car, and suddenly get into the car and tried driving it over her boyfriend. Thus, Susan is required to be arrested for this brutal attempt. Thus, the police are required to investigate even if Jack has done any violence to her. This was an attempt to murder case, while this mainly engages with recklessness with an action to an extreme disregard related to Jack’s life that dealt with leading to any bodily injuries. Although, the police are required to get into the case so that they can recognize the case well and can also make an investigation into why the attempt was taken by Susan. The therapies or treatment must be given to Susan if she gets treatment and medication can help her to get rid of her condition. The police are required to delve into the probable cause to arrest or they can even apprehend Susan. This mainly includes the visibilities apart from the injuries related to the foot so that they can witness the statement with circumstantial services. Moreover, under the fact of the Model Panel Code § 1.13(5) take action. Apart from this, the police require to prove beyond any condition relevant with reasonable doubt for the defendant so that they can intend to attempt something willingly. Moreover, this can be assured by the police to relate with the probable cause because this is an attempt to murder case where the police require to do an investigation detailed to reach the details about why she tried to take the life of her boyfriend, while the actions which she took caused all the bodily injuries to Jack. Therefore, as of the Section 125.25 (1), under the New York Panel Code. Apart from this, Susan might be taken under care with the murder case under the Second Degree case for all the intentions that caused the death of her boyfriend. According to the constitution, Jack shall even charge Susan to learn why she even wanted to kill her while attempting murder to her boyfriend. Thus, she must be charged with al a reckless attitude which is dangerous for Jack. This is because if he would have taken another chance to stay up with Susan, then he might get killed, or even might conduct another more dangerous injury to Jack. While through this case we can recognize that Jack was understanding of her plan for Susan. Thus for this recklessness, she is charged under the Second Degree to engage her in conducting what was created with a substantial risk that causes a serious attempt related to the substantial risk that might have caused serious harm to Jack it is provided under the New York Panel Law of § 120.20 (Mulder & Hamaker, 2021). Strict actions are required to be taken to protect Jack from any further violent attacks or any future attacks taking place with him anymore.
As the District Attorney, as stated under the role in the prosecution relevant to the case includes reviewing the police statement and the reports made by the victims, as witnesses, and the defendant. As this helps to take up the decision which belongs to the evidence which can prosecute the case. Assessing the defendant at the criminal history mainly helps to decide what the charges are, or they are placed with an argument relevant to the fact about the case taking place in the court proceedings made against the defendant. Thus, the steps which are required to be taken to relate to the case trial mainly include:
Charging: Charging mainly involves filling up with ideas and getting hold of the different information about the District Attorney who is alleging the crime which attempted while this might be committed or as it is indictment voted by the grand jury. Thus the District Attorney states the notion that this would help in filing the case as well as the information related to the information during the Pre-trial Court appearances for alleging the criminal acts, which includes an attempt for murder or any reckless act which has occurred on an endangered note.
Plea of Bargain: This step, mainly prosecutes the negotiation made for the acquisition which is caused to plead for the voluntary guilty in exchange for dropping one or more changes, which takes place to reduce the charges for a less serious offense, or as it is recommended to a shorter sentence.
Arrest and Investigation: This is based on arresting the suspect, here which is Susan, while conducting an investigation in certain cases, which includes taking off the photograph related to the victim’s injury while the crime location can be undertaken by the blood samples as well as photos related to the car which is used during the incident while interviewing the victim named as Jack. The witnesses, as well as the defendant, are related to ensuring enough facts as well as evidence to prove certain criminal acts as well as the defendant’s intent.
Initial Hearing/ Arraignment: This is related to doing in less than 24 hours as Susan is arrested and shall be charged. Therefore, the defendant Susan will be brought under the magistrate about the judge for all the initial hearings, which will lead to focus on determining whether she is released from any prison before the magistrate who released them from the prison before any trial takes place before any trial after meeting up for bail as well as its requirement. Compares to the initial hearing, both sides are well engaged in discovering an exchange system related to the information as well as the evidence while witnessing the present trial. Moreover, this allows both parties to understand the different factors in such cases and is relevant for getting information relevant about the evidence and the witnesses who will take a present trial. This allows both parties related to understand the various factors related to the case, with evidence before getting the trial begins.
Preliminary Hearing: This phrase is relevant to the prosecution which would help in introducing the evidence which is made against the defendant to call for the witnesses. While this allows the defense to take a cross-examination related to recognizing the evidence and can witness in the court to determine the probable cause (Avery & Cooper, 2019).
The Pre-trial motions: In case of the pre-trial prosecution or in case of the defense which narrates about the attorney may file a pre-trial motion, which has been requested for the criminal court judge with certain issues. Thus, this can make an argument made against the use of certain evidence as well as why it shall be used or remain kept under the actual trial. Thus, the judge is required to determine the outcome with a pre-trial motion. Finally, the case goes on with the trial.
During the trial, relevant to the prosecution as well as the defense attorneys present evidence through witnesses to testify, on what can be denoted or can be known. The prosecution and defense give on with closing about the remarks with overall ideas based on the evidence as it is presented by the jury or the judge to decide whether the defendant can be recognized as guilty beyond any reason or any doubt or can also be considered guilty.
Thus, the elements must be undertaken by the essential to suspect the convict in United States court under the actus reus or the criminal act, As done in the case of Susan who tried driving over her boyfriend Jack. In the case of men rea with criminal intent or the state of the defendant’s mind during the incident, as well as the concurrence with the relevance of the two events. Moreover, the court is based on considering the other prime factors related to the legality related to the issue. This must be the case for the laws relevant to the issue with the hand, causation, harm, and a delineated punishment. This case is considered to be one of the most negligent actions which often catered to the ideas related to the notion as it is stated that Susan is related to the point against the action taken care of or can be considered by the judge to decide the case. Thus, this site is horrific because Susan confronted Jack in a utensil shop, and they developed a relationship that can be considered to be a partner. Moreover, the law must take up the decision with the law related to the issue, or identify the delineated punishment.
References
Mulder, J. D., & Hamaker, E. L. (2021). Three extensions of the random intercept cross-lagged panel model. Structural Equation Modeling: A Multidisciplinary Journal, 28(4), 638-648.
Kunze, P. (2019). Approximate Boundary Layer Methods for a 3D Panel Code for Helicopter Simulations.
Davis, J., & Marshall, D. (2020). A Higher-Order Method Implemented in an Unstructured Panel Code to Model Linearized Supersonic Flows. In AIAA Scitech 2020 Forum (p. 1748).
Aidonojie, P. A., Oyemwen, O. A., & Omohoste, A. P. (2021). The Legal Impact of Plea Bargain in Settlement of High Profile Financial Criminal Cases in Nigeria. Sriwijaya Law Review, 5(2), 161-174.
Avery, J. J., & Cooper, J. (2019). Racial Bias in Post-Arrest and Pre-Trial Decision Making: The Problem and a Solution. Cornell JL & Pub. Poly, 29, 257.
Born, G. B., & Profaizer, J. R. (2021). Pre-Trial Proceedings in US Courts. In Banks and Remedies (pp. 149-186). Informa Law from Routledge.
