Problem Assignment for Courtroom Procedures
Assignment ID Number AFFGEHU83939HD Type of Document Essay Writing Format APA/MLA/Harvard Academic Level Masters/University References/Sources 4 References
Problem Assignment for Courtroom Procedures
BACKGROUND: This is a human trafficking trial. A Guatemalan man in his 30s is accused of bringing Russian adolescent girls to the United States with promises of honest labor, but instead trapping them in sex slavery.
A public defender represents the defendant before the trial. He tells the judge a week before trial that he no longer trusts his defense attorney and that he wants to replace him with a private attorney that his family has hired. The retained attorney says he is pleased to take the case, but he will need at least six months to prepare for trial because he will not be ready to go to trial next week (which is a pretty typical timeframe for this type of case). The prosecutor opposes to the defendant’s application for substitute counsel, claiming that the delay will harm the victim/witnesses, the Russian adolescent girls who are currently detained in juvenile detention awaiting trial. The prosecution claims that if the case is postponed for six months, the Russian young girls will flee and return home, forcing him to dismiss the case. The application for substitution of counsel is denied by the judge, who agrees with the prosecutor.
The jury selection process is the first step in the trial. A total of twenty possible jurors are chosen. There are five racial minorities among the potential jurors, while the remainder are white. All of the non-white jurors are struck by the prosecuting attorney’s peremptory challenges. A Batson challenge is raised by the defense attorney. The prosecutor explains that he struck Non-White Juror (NWJ) # 1 because she was too old to hear properly, NWJ # 2 and 3 because they testified that they had family or friends in jail (and so would likely be pro-defense), and NWJ 4 and 5 because he didn’t like the way they looked at me.
The defendant’s family members appear in court on the second day of the trial. The defendant’s nephew, a 5-year-old boy, is brought by the defendant’s sister. In most cases, children are permitted to attend court. The judge is concerned, however, that the presence of the 5-year-old in court may make the jury sympathize with the defendant since they will believe it is his kid. The judge orders the 5-year-old to leave the courtroom. The defendant’s sister must likewise leave the courtroom because the child has no one else to look after him.
The defendant is found guilty by the jury, and the judge holds a sentence hearing. The offense of trafficking kids carries a mandatory death penalty under state law. As a result, the prosecutor argues for the mandatory death penalty to be imposed by the judge. Because the death penalty is required, the judge concludes that neither the prisoner nor his defense attorney has the right to present any “mitigating” (favorable) arguments in favor of a lesser sentence. He then sentences the defendant to death without consulting the defense attorney or the client.
On appeal, the defense attorney challenges the trial and sentencing on at least five constitutional grounds.
AN EXAMPLE OF YOUR ANALYSIS:
This is your final project for the course. Prepare your paper with as much detail as possible, and explain as many themes from the course as you can, citing your textbook for support where necessary. Explain the following in a 4-5 page essay:
In this fact pattern, what constitutional questions or problems are raised? Provide evidence to back up your claims.
What would you do if you were the Judge?
Outline your reasons in order of importance – what is the most compelling argument that a constitutional breach has occurred?
Cite a case from your textbook and, if applicable, offer the chapter, section, or page number.
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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