CCJS 100 Assignment 3

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University of Maryland, University College *

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100

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Law

Date

Jan 9, 2024

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docx

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4

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ASSIGNMENT THREE Elijah Johnson University of Maryland Global Campus CCJS 100
A Hispanic man is walking down the street heading to his place of business. During this walk a young group of men see him and begin a pursuit. While following this man they begin hurling racist remarks and verbal threats. The man continues to ignore them which irritates them. One of the young men punches the gentleman from behind which encourages the rest of the men to join in on the assault. While these men assault the gentleman it is all being audio and video recorded by security cameras for other local businesses. The assault ends and the perpetrators all flee. The Hispanic male recovers and calls the police instantly. The police arrive and begin questioning the man. The man gives detail of his assault and descriptions of his assaulters. The police were able to obtain security camera footage and identify the individuals who participated in the attack. With the evidence gathered and turned in, the commissioner has enough evidence to charge everyone and issue warrants for their arrest. As per Maryland statutes these men are each charged with 2 nd Degree Assault, Stalking, and misdemeanor hate crime. The charge of stalking come due to the men’s pursuit of the Hispanic man causing fear and leading to the assault itself. The assault charge comes for the obvious beating of the Hispanic male (Maryland 2022). Maryland is also one of 46 states that do have hate crime statutes that can impose a penalty of up to three years imprisonment and a $5000 fine (State's Attorney's Office). My role as the district attorney would be to review the evidence and decide if we have a solid case. I can make the decision to pursue charges or not. Before the trial begins, I can meet with the criminals and their lawyers to come up with the best plea deal possible for everyone. With the evidence present most of the young men agree to plead guilty to the 2 nd degree assault in exchange for the stalking and hate crime charges to be dropped. The who initiated the assault
is the one who will face the brunt of the charges due to his initiating the conflict. We go to trial and the evidence against him is presented to the judge and jury. With the evidence present it is an easy trial for the jury to decide on a guilty verdict. The last man is found guilty of all three charges and faces 20 years of imprisonment and up to $8000 worth of fines depending on the judge’s decision. In order to find this man guilty the evidence had to have been indisputable that he was the perpetrator, that this situation was absolutely random and didn’t occur from an earlier altercation, as well as the mutual conflict argument not being able to be used.
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References: 2022 Maryland statutes :: Criminal law :: Title 3 - other crimes against the person. Justia Law. (n.d.). https://law.justia.com/codes/maryland/2022/criminal-law/title-3/ Stop the hate: What You Need to Know About Hate Crimes and Bias-Related Incidents. Hate Crime Unit Montgomery County MD State’s Attorney’s Office. (n.d.). https://www.montgomerycountymd.gov/SAO/other/hatecrimes.html Rutz-Burri, L. (n.d.). 7.9. Courtroom Players: Prosecutors. SOUCCJ230 Introduction to the American Criminal Justice System. https://openoregon.pressbooks.pub/ccj230/chapter/7-9- individuals-working-in-the-trial-courts-the-courtroom-workgroup/