CJ 230 Project Two Template (1)

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School

Southern New Hampshire University *

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230

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Accounting

Date

Apr 3, 2024

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docx

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Uploaded by Christie2022

CJ 230 Project Two Template Memo to the Judicial Ethics Advisory Committee Complete this template by replacing the bracketed text with the relevant information. To: Judicial Ethics Advisory Committee From: Christie Roberts Date: February 24,2024 Subject: Discretionary Actions of Judge I am the public representative of Emily Doe and her family. I am writing to express concern regarding the discretionary decisions and actions made by the judge in the recent conviction of the defendant in Miss Doe’s case. I would like to express my concern regarding the following: [Explain parts of the decision-making process in which discretion can be applied in accordance with law and policy. Answer the following questions in your explanation: I am particularly troubled by the interpretation of California Penal Code Section 261(a) (2-4), which outlines circumstances under which rape is considered to have occurred. (1) This statute specifies instances where sexual intercourse is achieved against a person’s will through force, violence, duress, menace, or fear of immediate and unlawful bodily injury to oneself or another (Subsection 2). (2) As well as situations where an individual is incapacitated by intoxicating substances, anesthetics, or controlled substances, and the accused knew or should have known of this condition (Subsection 3). (3) Where an individual is at the time unaware of the nature of the act, and this is known to the accused. For the purpose of this provision “unaware of the nature of the act” refers to the incapacity to resist because the victim meets any of the following conditions: (A) Was unconscious or asleep. (B) Was not conscious, aware, perceptive, or cognizant that the act was occurring. (4) Unless specified otherwise, rape is subjected to imprisonment for 3,6, or 8 years, along with a fine not exceeding $70, which is allocated towards AIDS education. Despite the offender having to previous charges, the presence of two eyewitnesses and physical injuries consistent with sexual assault raised significant concerns. The victims’ unconscious state meant could not provide consent to sexual intercourse, unequivocally meeting the criteria for rape. Furthermore, her injuries, including bruising around her neck and genitals, further corroborated the occurrence of sexual assault. Given these circumstances, there should have been minimal to no discretion exercised in this case, as there was clear evidence indicating the offender’s commission of sexual assault. [Analyze discretionary decisions made by criminal justice professionals. Address the following in your analysis: The judge’s decision to sentence the offender to only six months in jail and register as sex offender, despite the prosecution’s recommendation of six years in prison, is deeply concerning. The victim believes that the judge may have been influenced by the offender’s affiliation with

the same elite college as the judges, as well as pleas from the offender’s family for leniency, suggesting that “his life should not be ruined by moments of sexual activity.” Such considerations are unacceptable and have far-reaching implications. Not only does this decision have a detrimental impact on the victim, but it also sends a troubling message to the public that sexual assaults are not taken seriously in this court. This leniency could potentially embolden offenders and discourage victims from coming forward, leading to an increase in sexual assaults and a decrease in accountability. Furthermore, it reflects poorly on the court’s integrity and the state’s commitment to justice. [Identify specific steps in the discretionary decision-making process that may lead to negative and legal impacts. Address the following in your identification: Throughout the decision-making process, it is imperative that judges refrain from allowing personal biases to influence their rulings. Sexual assault is a grave crime that demands unwavering seriousness and impartiality in its adjudication. Regardless of any personal affiliations or sympathies, the severity of the offense must be taken in precedence, and justice must be served without compromise. Any deviations from these principles undermines the integrity of the judicial system and diminishes the trust of both victims and the public in the pursuit of justice. Therefore, it is essential for judges to approach cases of sexual assault with the utmost objectivity and adherence to legal standards, ensuring that victims receive the justice and support they rightfully deserve. [Describe the role discoverability plays in the decision-making documentation process: Indeed, the role of discovery in this case was straightforward, as two eyewitnesses provided corroborating testimony, and medical reports aligned with their observations, leaving no doubt as to the perpetrator’s guilt. As a crucial step in the decision-making process, discovery involves presenting relevant evidence to the courts for consideration. In this instance, all pertinent evidence was clearly presented, leaving no room for ambiguity or uncertainty regarding the perpetrator’s actions. Despite the unequivocal evidence, the victim did not receive the justice she deserved. This outcome underscores the importance of not only gathering but also ensuring that evidence is thoroughly considered and that decisions reflect the gravity of the offense committed. In this case of sexual assault, where the staked are high and the impact on victim is profound, it is imperative that the judicial process upholds the principles of fairness and accountability to deliver justice. Sincerely, Christie Roberts References: California Legislative Information. (2013). Penal Code Section 261. Retrieved from https://legalinfo.legislative.ca.gov/faces/codes_displaySection.xhtml ?

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