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Case Study: ARSON AND OTHER CASES (Essay Sample)

Final Project In the final assignment for this class, you will research a court case in which the defendant is charged with arson. The court case must have been tried within the United States. Also, there must have been an actual trial; plea bargains or other truncated cases are not appropriate for this assignment. You must attach the case along with your paper in WebTycho as part of this assignment. Failure to submit the actual case will result in a lower grade. 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. You are required to submit different exercises during the semester, which include identifying the case to be analyzed, drafting the brief, and providing other information as needed via the conferences or Assignments folder. You must gain clearance from me to move forward. The primary purpose of these assignments is to encourage you to collect and analyze information throughout the semester and to prepare preliminary drafts, do not wait until the end of the semester. 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. Format Requirements Paper should be between six and ten pages (1,500 to 2,500 words) Double space 12 pt. font 1" margins Use APA citations for all sources Include APA reference page (not included in word count) Additionally - Create a cover page for your assignment (not included in word count) Include your name Course title and number Project title Date of submission source..
ARSON AND OTHER CASES Name Institution affiliation Course Date of Submission James Kluppeliberg The case in point is one involves James Kluppeliberg, a defendant in the case where he was charged with setting a fire that killed five children d a woman. The incident occurred in the year 1984. The defendant aged forty six was faced with death penalty in relation to killing of 28-year-old woman by the name Elva Lupercio and other five kids who were of age`s three to ten. The incident happened in their home 4400 block of Avenue known as South Hermitage. This happened at the neighborhood back yards. The husband of the woman managed to escape from the scenario hence survived the fire. The defense argued that the specific blaze that led to fire was not arson. Arguments were furthered by the developments brought forth by advance that took place in the science and were quite vital in the investigation on matters concerning fire. Various criteria were developed all in a bid to try and solve the fire related cases. Some of the advances that were achieved showed that some of the indicators priory used in judging on the fate of fire like blaze which symbolized that the fire had been lit intentionally was classified as signs of how hot the fire was. Advance in the fire science also termed many other convictions that were done as wrongful as they were judged on bad ideas. The judge rejected the idea of sentencing the defendant to death penalty as acclaimed. The earlier theories used were not applicable as they were not viable in all cases. The individual who happened to implicate the defendant later came to admit the defendant had no mistake hence claimed them as lies. The defense also layed a claim that the prosecution side did not cover about a fire that was started by a woman on the same block, few meters from the same fire that defendants is being accused of. The sentence of life came later as before the sentence, the defen...
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