Identify the “lessor included” offenses that the jury could convict the defendant upon.
Explain what the difference is between a felony and a misdemeanor criminal charge is and identify if the charges are a felony or misdemeanor and the fines/penalties involved
State if the criminal charge a choate or inchoate crime? Explain both of these terms in your paper.
Was the crime charged a crime against a person or property? Explain the difference in your paper generally.
What is the standard of proof the prosecutors must carry to win the case?
What is the actus reus? What is the mens rea? Is there concurrence between the two? (define these terms)
Was the crime committed a “criminal offense” or a “terrorist act”—explain the difference in your paper.
C. Defenses
Identify the specific defenses used by the defendant.
What evidence is needed to prove this defense? Explain all of their elements
Explain the difference between “justification” defenses and “excuse” defenses. What category does the defendant’s defense, in this case, fall into?
Explore other possible defenses as follows (just briefly explain them even if they don’t apply to your case):
Ex Post Facto Laws
Bills of Attainder
Statute of Limitations (and explain what is the statute of limitations for the charges against the defendant in your case)
Void for Vagueness
Mistake of Fact
Mistake of Law
G. Jury Verdict
What was the jury’s verdict?
What US Constitutional Amendment applies to the right to a jury (state specifically the amendment number) and what does it require? Have these requirements been met in your case? Why/why not?
Assume that the defendant was found not guilty, can the case be re-tried? Why/why not?
Explain the concept of “double jeopardy” in your response.
Do you agree with the verdict? Explain why/why not
What US Constitutional Amendment applies to prevent “cruel & unusual punishment” and (state specifically the amendment number)?
Was the ultimate sentencing against the defendant “cruel & unusual” punishment? If so, why? If not, why?
What are the mitigating circumstances? Were there any present in your case?
What are the aggravating circumstances? Was there any present in your case?
What were the victim impact statements made at trial? Explain what these are generally speaking and specifically did any victims make these statements during the sentencing phase of your case? If so, what was said by them?
H. Civil Liability
Does the defendant face any civil liability?
If so, who would be the plaintiffs and what type of tort?
What is the standard of proof that applies to that case that the plaintiff must carry to win?
I. Appeals
Criminal Appeals can be based on “mistakes of law” and not “mistakes of fact”. Explain what these mean in context for basis of appeals (not as a defense to a criminal charge)
Are there any grounds for an appeal for the losing side? If so, explain them.
What does the term “Habeas Corpus” mean and how would it apply to this case for grounds for appeal?
J. Conclusion
Summarize your findings
What are the parties (defendant and victim or victim’s families) doing now—where are they and how have they moved on in life
Were there any co-conspirators charged? What happened to them ultimately?
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