Applying the Law According to the State of Zee
1st Degree Sexual Battery
In applying this charge to Jake, the prosecution must first prove that some type of sexual intercourse took place. Second, force or coercion, defined by the state, must have also occurred. In the state of Zee, ‘Sexual Intercourse’ ensues when “penetration, however slight… [is] inserted by a person into the genital[s].” With this in mind, and applying the victim’s account where, Jake had penetrated Cindy slightly with his penis before she managed to push him off. Here, it is proven, with regards to the applied definition and the law, that Jake has met the first requirements needed. It is made clear that when engaging in the act Jake had grabbed Cindy and pushes her onto a sofa, and rips open her garments while kissing her breasts. After a clear protest by Cindy, Jake continues to rip off her lower garments and slaps Cindy pre-penetration. According to the state, force occurs when physical force is used. It is made clear that Jake had used forced during this scenario. Meeti...
... middle of paper ...
...lled into question and the jury might begin to feel more sympathetic towards the victim and begin to dehumanize the defense. It is not ideal to try to prove his innocence, rather it its more advantageous to spark within the jury reasonable doubt against all the alleged crimes.
Based on the scenario the persecution will charge the defense with 1st & 2 Degree of Sexual Battery and with Criminal Sexual Contact, while the defense will aim to prove reasonable doubt exist. The prosecution has met the defined terms and based on the testimony by the victim have reason to go to trial. The prosecution, in an effort to respond to the defense, will ask questions that help Cindy’s character; while the defense will try to harm or put it to question. In this scenario, victim was clearly put in harm and all charges have met the necessary standards to try the defendant.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- The stages of trial in the criminal justice system are not always as it is depicted in movies or television shows. According to the entertainment industry, there are two sides: good versus evil, and the story usually ends with an epic, jaw-dropping conclusion that finds the defendant guilty as in A Few Good Men. While that may be the case during some trials, the true beauty lies within the strategy of the prosecution and the defense. In fact, there is a distinct art that occurs at trial that takes a tremendous amount of preparation and knowledge to gain the upper hand.... [tags: good, evil, prosecution, defense]
1512 words (4.3 pages)
- In the 1950s, American culture was at its most unstable – societal values were in flux, and artistic movements were struggling to validate themselves. The Beat generation – a group of ambitious poets – took it upon themselves to fight for liberation from censorship and expose the inconsistency between idealization and realism regarding American society. Most importantly, this group of men and women fought through many tribulations to abolish “art for arts sake,” and to create an artistic culture that made an impact.... [tags: Poetry Analysis ]
1912 words (5.5 pages)
- Insanity. When some people think of the word “insanity”, television shows comparable to Law and Order and NCIS may come into mind. Due to some of these shows, one may not fully comprehend what is insanity. In this paper I will discuss what insanity, a brief history of insanity and how it impacts today’s society, furthermore, I will also discuss my personal thoughts on the subject. What is the insanity defense exactly. The insanity defense can be defined as “A defense asserted by an accused in a criminal prosecution to avoid liability for the commission of a crime, whereas at the time of the crime, the person did not appreciate the nature, quality, or wrongdoing of the acts.” In order to und... [tags: Insanity defense, Mental disorder, Crime]
1008 words (2.9 pages)
- The mystery, “Witness for the Prosecution”, was produced in 1957 by Arthur Hornblow, Jr. and directed by Billy Wilder. The two lead male actors were Tyrone Power as Leonard Vole and Charles Laughton as Sir Wilfrid Robarts. The lead female actor was Marlene Dietrich as Christine Helm. “Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict.... [tags: Billy Wilder, Arthur Hornblow]
883 words (2.5 pages)
- "The Affluenza Defense: Judge Rules Rich Kid’s Rich Kid-ness Makes Him Not Liable for Deadly Drunk Driving Accident" -- Madison Gray, Time.com The relationship between motive and consequence is a complex one, and is made even more debatable when context becomes involved. Throughout our judicial history, the line between responsibility and exemption remains razor-thin in its subjectivity. If a woman murders her husband, but was abused by him for years, why is this considered different from a murder where the perpetrator wasn’t abused.... [tags: The Affluenza Defense]
1956 words (5.6 pages)
- During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, “Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law-article.net).” Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly.... [tags: police, prosecutors, criminals]
922 words (2.6 pages)
- Insanity Defense In order for someone to be found guilty of a crime they must have actus reus and mens rea. The insanity defense did not deal with the actus rea, but the question is whether or not the defendant knew wrongfulness of his crime. The right of this defense come from the fact that a person should not be liable if he is not capable mentally to know what he is doing and able to conform his conduct to the requirements of law. Although the insanity defense tactic is rarely used and rarely successful, defense lawyers sometimes have strategy behind the weak insanity defense.... [tags: Insanity defense, Crime, Law, Capital punishment]
821 words (2.3 pages)
- America Online (AOL) was used for online service to get access to the internet and provided a means for communication with people by email, chat rooms, news media, and more in the 1990s. AOL executives, along with executives from PurchasePro were accused of overstating revenues from software licenses sold to PurchasePro. Computers could have been used to commit the crimes they were accused up. Certified professionals could have been used in this case which would have influenced the courts for the prosecution testimony.... [tags: Computer, Computer data storage]
1540 words (4.4 pages)
- This paper will present a compare and contrast of the short story, "Witness for the Prosecution" to the screenplay of the same name written by Agatha Christie. The focus of the similarities and differences will be, a review of the characters and the story. In both versions there are both likable and unlikable characters that create a gripping tale where you find yourself hoping young Leonard Vole will beat the overwhelming odds stacked against him. Vole has been accused of murdering the late Mrs.... [tags: American Literature]
507 words (1.4 pages)
- Opening Statement for the Prosecution May it please the court, ladies and gentlemen of the jury. My purpose today is to help you anticipate what you will hear over the next few weeks as you listen to the evidence. I simply want to give you an overview of this case. And I thank you for your patience and undivided attention in advance. The defendant, Captain Collingwood, is charged with a very serious offence, murder and the consequences are most severe. Captain Collingwood was left in charge of the vessel, the Zong, which set sailed from the AfricanCoastto Jamaicawith 470 African slaves.... [tags: Papers]
513 words (1.5 pages)