Analysis of Scenario

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Strategic Prosecution Planning

In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.

This week, you review the case from the perspective of a prosecutor.

Review the scenario presented in Week 2 and the additional information provided below:

Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed surveillance from several businesses nearby and identified an individual who matched the description given by the witnesses at the post office. This individual was observed on camera entering a vehicle with license plate 123-ABC. Police officers identified the female, Ms. Conspirator, to whom the vehicle was registered, and interviewed her regarding her involvement in the post office robbery. Ms. Conspirator eventually identified the male subject that carried out the robbery as Mr. Stamps.

Below are the relevant state and federal criminal statutes applicable to the robbery.

State Code

If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.

United States Code Section (18 U.S.C. 2114):

(a)   Assault.— A person who assaults any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or robs or attempts to rob any such person of mail matter, or of any money, or other property of the United States, shall, for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned not more than twenty-five years.

(b)   Receipt, Possession, Concealment, or Disposal of Property.— A person who receives, possesses, conceals, or disposes of any money or other property that has been obtained in violation of this section, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 10 years, fined under this title, or both.

Write a 2- to 4-page analysis of the scenario in which you address the following:

  • Should this case go to a state or a federal criminal trial? Why? What factors would a prosecutor consider to make this decision?
  • Is there a double jeopardy issue? In what way?
  • What are the main roles and functions of attorneys, court personnel, juries, and community members as the case moves through the criminal trial process? How can each party affect the trial?
  • What is the police officer’s role during the criminal trial process in this case?

Support your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.

Adhere to APA guidelines.

 

Previous weeks assignment posted in attachments. 

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