Week 6 227 Assignment

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Kenyatta University *

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250

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Law

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Nov 24, 2024

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Running Head: CASE STUDY 1 Case Study Name: Institution:

CASE STUDY 2 Case Study 1. How should the court rule on Bert’s motion for severance in the case? Bert’s confirmation that he hit one of the girls is adequate evidence that he could also have engaged in the raping act. The admission of brutal violence against the girls affirms the intent that the individuals involved had. Bert, therefore, places himself on a precarious level for judgment because hitting the girls seems to be the fundamental aim of the raping mission (Svoronou, 2020). The hitting was undoubtedly a mission to frighten the girls to lose their senses for them to conduct their rape atrocities. The intention to commit a rape act is the deduction from this information. It forms a linkage that cannot be dismissed since hitting directly connects with the intention to cause fear. The fear created gives the criminal confidence to execute their sinister mission. In this case, the girls succumbed to fear with the thorough hitting and lacked any choice but submit to the demands of the criminals ( Roberson & Winters, 2020). In this regard, Bert stands as a prime suspect in the case and his case is worse already because he reveals the high probability that he engaged in the rape acts. The admission incriminates him more because of the intention behind it. Hitting that resulted in rape was geared towards causing fear. The perpetrators in such a heinous act are primes suspects and should be interrogated further to extract as much details as possible from them (Svoronou, 2020).

CASE STUDY 3 2. What should the prosecutor do following the statement Bland said after charges had been filed against Walsh? Bland should be in question for producing information that lacked a genuine basis. He should be summoned for interrogation to explain the statement that he released in the first place and provide an explanation for the changes that said. It is important for Bland to go for an interrogation because an assessment of his statements can help in giving light to the case ( Roberson & Winters, 2020). It will help to determine the people that were involved in the raping act. On the other hand, Walsh could be using Bland as the person that feeds the prosecution with falsities as a technique of breaking away from the case. The authorities must take precautionary measures to ascertain the authenticity of Bland’s statements. Bland can be genuine or fake and this depends on the investigation work that the authorities are going to conduct (Svoronou, 2020). He can easily manipulate things to the benefit of Walsh if the authorities are not keen. 3. How should the court rule on Bert’s motion to continue regarding Mook? Bert should remain in custody because he already admitted to have hit the girl. However, the information regarding Mook is also critical in this case. Mook can testify to reveal the truth if Bert was in his company when the incidences happened (Leipold & Abbasi, 2006). For this reason, Bert should not be released together with the other suspects. His case can wait for the time that Mook comes home and testifies in the case ( Roberson & Winters, 2020). Alternatively, the court can contact Mook to come to the country instead of waiting for 2 months. 2 months is a lengthy period and the case is so sensitive that acquiring the

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CASE STUDY 4 evidence early enough can help in quick processing for the prosecution to prepare for the final case. The presence of a witness is an important procedure that the legal process must integrate while arriving to the final stages of a case. The magnitude of a rape case is unimaginable and the available evidence must be cogent enough to convict the suspects for the crime ( Roberson & Winters, 2020). The court can, therefore, proceed with the case after the witness has testified to grant the required information needed to process the case into finding out if Bert was truly involved in the rape.

CASE STUDY 5 References Leipold, A. D., & Abbasi, H. A. (2006). The impact of joinder and severance on federal criminal cases: An empirical study. Vand. L. Rev., 59 , 347. Roberson, C., & Winters, R. (2020). Procedures in the Justice System, 12th ed (12th ed.). Pearson, 2020. Svoronou, E. (2020). Revisiting the Greek and English Legal Term Pairs in the Domains of EU, Civil, Commercial, and Penal Law Based on the Underlying Concepts: A Critical Reflection on Equivalence and the Role of Terminologists and Translators.

Week 6 227 Assignment

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