Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American Criminal Justice System

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Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures in the justice system (8th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.

If possible will appreciate it by 6pm on Tues 27Aug 2013

Analysis and Application: Explain the Steps a Criminal Defendant May Go Through in the American Criminal Justice System
The following case study presents issues related to the steps a criminal defendant may go through in the American criminal justice system from arrest through sentencing.
Case Study:
You have just been hired as a lawyer at a small criminal defense firm. On your first day, Robert Crook enters the office and asks to speak to an attorney. All of the other lawyers are at lunch so you speak to Mr. Crook. Mr. Crook states that he is worried about being arrested for an armed robbery of a gas station that occurred the night before. Mr. Crook explains the following to you after you assure him that anything he tells you will be protected under the attorney-client privilege.
Mr. Crook states that he has been out of work and owes money for gambling debts; that he was desperate for money and robbed a gas station last night located a couple of blocks from his house. Mr. Crook states that he used a BB gun but admits that it looks like a real gun. Mr. Crook took a total of $130.00 during the robbery. Mr. Crook states that he was not wearing a mask and that the attendant got a good look at his face. This morning, Mr. Crook heard that officers had stopped by his apartment looking for him. Mr. Crook tells you that the only person at the apartment this morning was his 13 year old nephew. Mr. Crook did not know whether the 13 year old let the police in or if the police forced themselves in, but states that the police found the BB gun he used under Mr. Crook’s bed. Mr. Crook wants to know what is going to happen to him should he be arrested—from arrest to sentencing. Mr. Crook has no experience with the criminal justice system and has never been arrested before.
Please prepare a PowerPoint® presentation as follows:
Include a minimum of ten (10) slides (excluding cover and reference slide). This project requires you design a power point presentation with 10 slides in the body of the project and 1 slide for a title page and one slide for the reference page for a total of 12 slides, minimum.
As Mr. Crook’s lawyer, explain the advice you will give him both pre-arrest and post-arrest.
Identify all major steps you will take to prepare a defense for Mr. Crook, including investigation of evidence and witnesses, should Mr. Crook be arrested for a felony such as armed robbery.
Explain to Mr. Crook the pre-trial process and any motions you would file on his behalf (including your reasoning for filing these motions).
Describe to Mr. Crook his trial options.
If this case goes to trial, discuss with Mr. Crook the possible sentence he could face based upon a review of your own state’s criminal laws.
Define key legal terms to Mr. Crook so he has an understanding of the legal principles involved.
Cite all legal authority used in giving advice to Mr. Crook.

The Assignment should contain a cover slide and a list of references in APA format.
All internal citation of outside sources plus the listing of all references should also adhere to APA format.
Further instructions on Power Point Project….
UNIT EIGHT PROJECT DIRECTIONS
This project requires you design a power point presentation with 10 slides in the body of the project and 1 slide for a title page and one slide for the reference page for a total of 12 slides, minimum.
POWER POINT DIRECTIONS
1).  Make sure each slide is properly formatted and aligns with the formatting of other slides.  In this case you will want to write the question at the top of each slide.
2).  Make sure slides are not  too “busy” with bullet points.  There should not be a lot of sentence writing on the slide, much like it would be if actually presenting the powerpoint.
3).  Because students are not actually presenting the powerpoint, they have to convey to the reader (me) that they can elaborate on their answers.  Students should use the notes section of the powerpoint slide to fully type out an explanation of the bullet points on the slide.  These notes should be written like the answers you wrote for the other projects; they should be in proper format and clearly communicated.  In this way, the notes section takes the place of the student actually presenting the powerpoint.
4).  Be sure the slide length requirement is met, exclusive of cover and reference slides.
MAJOR HINTS FOR THIS PROJECT:
For this project you are the defense attorney so make sure you think like one.  DO NOT SUBMIT A PROJECT THAT JUST WALKS THROUGH THE PROCESS FROM ARREST TO SENTENCING.  YOUR JOB IS TO GIVE ADVICE ABOUT THE PROCESS TO YOUR CLIENT.  Here are some examples:
The first question asks:  As Mr. Crook’s lawyer, explain the advice you will give him both pre-arrest and post-arrest.
So, for pre-arrest advice, are you going to tell him to turn himself in before he is arrested?  What are you going to tell him about the arrest process, including what to say or not say to law enforcement?  What are you going to tell him happens after his arrest?  Are you going to tell him about further questioning by law enforcement and what to say and not to say?  Are you going to tell him what they do at the jail once he is arrested?  What is going to happen to him post-arrest – you may want to look at the Unit Four paper you did.
The second question asks:  identify all major steps you will take to prepare a defense for Mr. Crook, including investigation of evidence and witnesses, should Mr. Crook be arrested for a felony such as armed robbery.
Note this question asks what YOU are going to do as the defense attorney.  Some students seem to miss that and start discussing what the prosecutor or law enforcement folks are going to do.  Don’t do that.  What and who are YOU going to investigate?
The third question asks:  Explain to Mr. Crook the per-trial process and any motions you would file on his behalf (including your reasoning for filing these motions).
Your job as a defense attorney is to provide information to your client that will help him to make decisions.  So, you will advise as to the possible motions you will file and what would happen if you win or lose those motions. Remember that the question requires an explanation for the motions you will file.
The fourth question asks:  Describe to Mr. Crook his trial options.
This is pretty easy.  You should have three possible trial options.
The fifth question asks:  If this case goes to trial, discuss with Mr. Crook the possible sentence he could face based upon a review of your own state’s criminal laws.
Here you must describe what might happen if he goes to trial and is convicted of Armed Robbery.  For this advice, please look up the statute in your state to properly advice your client of the possible maximum sentence for this crime should he be convicted.  Also, research lesser offenses that your client could possibly be charged with initially or that could be the result of a plea bargain.
The sixth question requires you to define key legal terms:  Here is where you go back through your slides and note what legal terms you used and then use this final slide to define any key legal terms you used.

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