Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
· Write to request letter that the Innocence Project take over your case and represent your plea for release from death row.
· Assume that you are incarcerated at Midwest Penitentiary and that you are acting as a wrongfully convicted person who has been sentenced to die by lethal injection.
· Listed below are the facts in your case that led to your current incarceration. You are to write a 2-page request. Include an introduction and conclusion paragraph.
· In the paper, you will focus on some way to convince the Innocence Project that your death sentence should be overturned because of irregularities in the way your case was handled at the local level, which include having credible witnesses for an alibi, ineffective paid counsel, and a highly tainted victim ID.
· Make your best case by remaining focused on what you think is the most important issue, and don’t just use a “shotgun” pattern in hopes that something will hit.
· Highest regarded papers are ones that are most likely to be successful winning an exoneration and focus in on exactly what has the most legal bearing.
FACTS OF YOUR CASE:
You are a 30-year-old black male. In the early-morning hours of August 7th, 1997, a 40-year old white woman was walking through the courtyard of her apartment building when she was attacked from behind and thrown to the ground. The assailant bit the victim’s neck, ripped her dress open and killed her. A neighbor saw the assailant flee on a bike and reported the incident to a police officer who had been called by different neighbors who heard the victim’s screams. The neighbor who reported the crime told police that the victim had been attacked by a black man who was wearing black shorts and no shirt.
She also said the man had a very strong body odor, which she smelled on the victim when she ran out of her apartment to help her. Although the neighbor believed that the attacker lived outside of the apartment complex, a security guard for the complex directed police to you—one of the few black people living in the apartment complex.
Police knocked on your door just minutes after the crime occurred. You were in your bedroom wearing pajamas, rocking your young daughter to sleep. The officers conducted what is called a one-on-one “show-up,” a highly-suggestive identification procedure in which a single suspect is presented to the eyewitness at either the site of the arrest or near the site of the crime. You were told to get dressed. You changed out of your pajamas into black shorts and you were taken outside to the victim who was waiting in a patrol car.
You had no shirt on. The neighbor was asked to get out to take a closer look and to smell you, at which point the neighbor identified you as the victim’s assailant. Although you did not have strong body odor, but rather smelled of soap, the neighbor who identified you explained at trial that she believed that you must have taken a shower and that meant that you were the attacker.
You went on trial on November 19, 1997. Your mother retained a private lawyer to represent you. The lawyer, Frank J. Larry, met you for the first time on the day that your trial was set to start. At trial, the neighbor claimed that she recalled seeing a tattoo with the letters “LLE” on your chest. A police officer testified that the neighbor did not mention anything about the tattoo until after the show-up, during which you were shirtless, exposing your chest tattoo of the name “MICHELLE.” You testified in your own defense and told the jury that you were at home caring for your “fussy infant daughter” at the time of the crime.
Despite the fact that four relatives who were at home with you that night testified as alibi witnesses, you were convicted in less than a day. You were sentenced to death for the crime of First Degree Murder. You have contacted the Innocence Project of Colorado and you are requesting a DNA test of a stain on the shoulder of the victim’s dress where she was bitten. You are also uncertain as to whether the attorney that your mother obtained did anything to properly prepare for the trial and you would like for the Innocence Project of Colorado to represent you during your appeal.
TOOLS TO HELP YOU MAKE YOUR CASE:
· The human mind is not like a tape recorder and does not record events as we see them nor recall them as happens when rewinding a recording (The Innocence Project)
· Identification are less accurate when they individual is a different race/ethnicity
Variables that Affect Witnesses
· Distance from the person or event
· Presence of a weapon
· Degree of stress or trauma during the event
Variables that Affect Juries
· Non-verbal cues: attractiveness, believability, age, ethnicity, gender (Brodskey et al., 2010)
· Jurors tend to focus on other factors rather than testimony content when the testimony is more complex (Cooper et al., 1996)
· Credibility factors: confident, likeable, trustworthy, knowledgeable (Brodsky et al., 2010)
· 40% of eyewitness identifications are mistaken (Vrij, 1998)
· 80% of the first 100 DNA exonerated wrongful conviction cases were based on false identifications (Cicchini & Easton, 2010)
· Cross-examination is not useful when the witness is mistaken as opposed to when they are lying (O’Toole & Shay, 2006)
· Administrators can unintentionally make suggestive statements, gestures, or facial expressions that provides misleading feedback
· Compositions are not always similar and there is an increased likelihood the suspect might stand out
· Giving confirmatory feedback on witness’ identification can inflate their recollections
· Not recording identifications creates problems when presenting error or misconduct during identifications
· Blind administration involves an officer who is unaware of the suspect as to limit unintentional suggestions
· The “fillers” (non-suspects) should resemble the eyewitness’ description
· The suspect should resemble the fillers
· Eyewitnesses should not view multiple lineups with the same suspect
· The eye witness should submit a statement after identification, but before any feedback is provided
· All identifications should be video recorded
· Increased risk of false identification
· Most suggestive identification procedure· Even less reliable than lineups and photo arrays· Eye witness often believe that the officer has caught the true perpetrator· No due process protection when permitted at trial· Show-up evidence is not admissible unless at the time of the show-up the circumstances prevented the use of less-suggestive procedure (e.g., lineup or photo array), or the police lacked probably cause to arrest the defendant and detain him or her for a lineup or photo array (Cicchini &Easton, 2010)
FIRST DEGREE MURDER IN COLORADO:
Colorado Revised Statutes Sections 18-3-102: Murder in the first degree
What is Prohibited?
Colorado prohibits murder in the first degree, which is any of the following types of killings:
· A deliberate, intentional killing of another
· Causing a death of anyone (besides a criminal participant) while committing, attempting, or fleeing the scene of arson, robbery, burglary, kidnapping, sexual assault, sexual assault of a child, or escape from lawful custody (sometimes called felony murder)
· By causing an innocent person to be convicted and executed due to perjury or persuading another to perjure
· Causing someone’s death by knowingly engaging in conduct that creates a serious risk of death, because of an attitude of malice and extreme indifference to the value of human life (sometimes called depraved heart murder)
Crimes in Colorado are divided by class. Class 1 felonies are at the top, murder in the first degree is a Class 1 felony. Class 1 felonies can be punished by at a minimum, life imprisonment, and at a maximum, the death penalty.
SECOND DEGREE MURDER IN COLORADO:
Colorado Revised Statutes Section 18-3-103: Murder in the Second Degree
What is Prohibited?
Second degree murder in Colorado is knowingly causing the death of another person.
Second degree murder is a Class 2 felony
Class 2 felonies are generally penalized by a presumptive minimum of 8 years and a maximum of 24 years, with five years parole. However, second degree murder is a violent crime which has a higher maximum of twice the usual maximum sentence, thus 48 years would be the presumed highest end of the punishment range.
Murder in the second degree is reduced to a Class 3 felony where the death was caused during a sudden heat of passion, caused by a highly provoking act of the victim, which excites the defendant sufficiently, and that a reasonable person in his or her place would also be provoked. However, if there was time to cool down from the excitement, it would be a Class 2 felony.
Class 3 felonies are punished by 4-12 years, but again, as a violent crime, 24 years would be the presumed upper limit.
INEFFECTIVE ASSISTANCE OF COUNSEL IN COLORADO:
A claim of ineffective assistance of counsel on appeal – presents a mixed question of law and fact. The benchmark for judging any claim of [ineffective assistance of counsel] is whether the lawyer’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 2064 (1984).
To win a claim of ineffective assistance of counsel, a defendant must therefore meet two prongs:
1. Counsel’s performance was constitutionally deficient;
2. The deficient performance resulted in prejudice to the defendant.
To satisfy the prejudice prong, in the context of a guilty plea for example, a defendant must show that but for counsel’s errors, there would have been a substantially different outcome.
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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