The three stooges

Analysis and Application: Procedures in a Criminal Trial

The following case study presents issues related to procedures in a criminal trial and the roles of the major participants.

Case Study:

Jones, Walsh, and Bert have been arrested on suspicion of rape and criminal assault of a 14-year-old girl. As the police investigation unfolds they locate and obtain the statement of Bland, who provides them additional information about Walsh. The evidence the police uncover reveals that there have been three separate assault and rapes of juveniles over a 3-day period.

The prosecutor in the case files charges against Jones, Walsh, and Bert for their acts. Bert hires an attorney to defend him. Bert tells his defense attorney that he did not commit any of the rapes and that he was only present one time with Jones and all he did was hit one of the girls. Bert explains that he can prove this because at the times the other rapes are alleged to have occurred, he was with Mook. Mook is currently out of the country on a mountain climbing trip and will not return for 2 months.

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Shortly after the prosecutor files charges in the case, Bland contacts the prosecutor’s office and provides a written statement to the prosecutor that Walsh was not present during any of the rapes.

In a 2-page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions.

How should the court rule on Bert’s motion for severance in the case?
What should the prosecutor do following the statement Bland after charges had been filed against Walsh?
How should the court rule on Bert’s motion to continue regarding Mook?
Note: This Assignment will require outside research. Use at least two credible sources beyond the text material, and discuss how you evaluated the credibility of the resources used. You may consult the Library, the internet, the textbook, course material, and any other outside resources in supporting your task. Use proper citations in APA style.
The paper should contain a cover page and a list of references in APA format.
All internal citation of outside sources plus the listing of all references should also adhere to APA format.

SAMPLE SOLUTION

Statement of the Facts

Law enforcement arrested Jones, Bert, and Walsh for assault and suspicion of raping a girl aged 14 years. As they continued with their investigation, the police obtained a statement from Bland that Jones was indeed present in three separate incidences of rape and assault over 3 days. The prosecution charged Jones, Bert, and Walsh for participating in the offense. Bert hired a lawyer and explained that he did not rape but only hit one of the girls. He also claimed that he could prove his innocence through his alibi Mook who was apparently on a mountain climbing excursion outside of the country and would be back after two months. Bland contacted the prosecutor and submitted a written statement exonerating | GET AN EXPERT FOR YOUR ASSIGNMENT | jointly charges two or more offenders with the same crime, the court must try them together unless the presiding judge rules that it is in the best interest of involved parties to separate the trials. A severance motion by a defendant based on an out-of-court statement from another person is inadmissible against them (“Rule 14: Severance of Offenses and Defendants,” 2016). Severance can have different meanings in law. For instance, the court may use the term to divide a lawsuit into different…