The Defense And The Prosecution Essay example

The Defense And The Prosecution Essay example

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According to the State of Zee and its laws, with respect to the scenario of Cindy and Jake, the defendant will be tried with 1st & 2nd Degree Sexual Battery, and the misdemeanor of Criminal Sexual Contact. While applying the situation based on facts, as well as the history of the two individuals, the definitions of the law will be applied so as to support the prosecution. The Defense will aim to prove Jake’s innocence by filling the motion for the victim’s sexual history, so as to legitimize the actions of the defense. The possibility of the case going to trial, both the defense and the prosecution will put their clients on the stand with various questions, each aiming to prove their goals.
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.
Conclusion
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.

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