5 pages/≈1375 words
Authentic Assessment (Essay Sample)
This assignment will introduce you to the concept of case briefing and will also have you explain additional items of concern that will help you build an understanding of the case and the criminal prosecution. In completing the assessment, use information from the text, supplemental readings, videos, classroom conferences/discussions, and external sources, including electronic and print sources. Use either American Psychological Association (APA) guidelines or Bluebook citation format. Please be cognizant that, when using sources not normally considered scholarly—e.g., videos, television programs, and newspaper and magazine articles—you will be held responsible for determining their scholarly value. If you are in doubt, contact me. The final product page count should be between six and ten pages. Use a 10- or 12-point font with one-inch page margins (top, bottom, right, and left). There must be a cover page and Works Cited page(s). These will not count toward the required page count. The required sections of the paper are as follows: I. Elements of the crime. Identify and discuss the elements of the crime, as the prosecution proved them. II. Defenses claimed by the defense. Identify and discuss any defenses claimed by the defendant. III. Constitutional protection issues. Identify and discuss any constitutional protection issues (e.g., Miranda warnings, search and seizure). IV. Case brief. Use the required formula: 1. Title and citation 2. Facts of the case 3. Issues 4. Holding (the final decision) 5. Reasoning (how the court arrived at this holding) 6. Analysis (how the facts of the case meet the legal criteria for prosecution) V. Your judgment. If you were the judge or a juror in this case, would you have agreed with the outcome? If yes, explain why; if no, explain why. source..
Law Name: University: Course: Tutor: Date: Authentic Assessment I Elements of crime Marc Thompson was found guilty of all nineteen counts, which includes wire fraud, money laundering, bankruptcy fraud and using fire to commit a felony. After getting a statutory maximum on all counts, the total amount of years in prison totaled to 190 (Legal Information Institute, n.d). To start with, the first element of crime was fire, and the rational jury considered that there was plenty of evidence suggesting that Thomson caused the fire. Jurors had several reasons to disbelieve Thompson’s account due to many reasons. First, he said that on the night of the fire, he left the house at 6.15pm but neighbors saw him leave the house at 7.00pm (Batey, 2009). The prosecutors also found that during the trial, the testimony that he gave contradicts the statements he gave to an investigator some days after the fire. Thompson said during the trial that while heading to the movie, he stopped at the gas station to purchase some cigarettes. However, he had told the investigator that he only stopped to buy a newspaper at a Walgreens. The prosecutors proved that he had committed a bankruptcy fraud after lying when filling up his bankruptcy application. In addition, he secretly wired money to an offshore account so as to hide the amount of his real assets to creditors. The jurors were told that Thompson lied under oath to the bankruptcy trustee and in his divorce proceedings. The prosecutors managed to prove that the statements made by Thompson were simply were not based on truth and it was very difficult for the juror to believe him (Legal Information Institute, n.d). Another issue concerns the codicil on his mother’s will claiming that his mother did not want an autopsy. However, the attorney who drafted the will said that he was not aware of the codicil and this added more doubts on Thomson’s case. II. Defense claims The primary defense in Thompson’s trial argues that the house was burnt down by his mother. In addition, Thomson and the defense team claimed that the fire investigator, Wiley-Earls, made unsupported claims of inclusionary fire that was initiated by an accelerant. They claimed that although the floor-level burning could have been caused by a liquid accelerant sprinkled on the floor, there could also be some other causes (Legal Information Institute, n.d). The defense produced some negative tests done by the government which had not been produced during the trial. They claimed that the jury’s verdict was not supported by evidence, and that there were no confirming test results. In addition, Wiley-Earls had submitted materials for testing to the government and she never received the results....
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