Your client was in the home of Clay Snow drinking moonshine whiskey with Snow and James Crawford. They sat in a small living room with no more than five feet separating the three men. Around 5 p.m., some petty arguments and disagreements occurred between your client and Crawford. One person called the other a \”damn liar\”, and then your client and Crawford stood up and moved toward each other. Snow got between the two men and wrapped his arms around your client\’s waist to prevent violence. Snow felt Crawford behind him, and all three men started moving sideways toward the bed. Snow then heard gunfire and turned to see Crawford take three to four steps toward the dining room door before going down to his knees and collapsing on the floor. Your client admits shooting Crawford but claims he did so in self-defense. He maintains that Crawford jumped on top of him and choked him. When he saw Crawford reach into his pocket, he thought Crawford was reaching for a gun.
Before trial, the prosecutor furnished you with all the photographs of the crime scene in the prosecutor\’s possession. You conclude, however, that the photos do not afford you an adequate means of understanding the crime scene and determining the location and relationship between the objects of furniture in Snow\’s house. You feel that you need to know the actual size of the room in order to understand the explanation of events given to you by your client since it would be difficult to examine and cross-examine witnesses about the details of events that occurred at a location with which you are unfamiliar. Snow denied your request to view the crime scene, and you would like the court to order Snow to permit your inspection of the crime scene. Draft a motion that will give you access to the crime scene.
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Write My Essay For MePrecisely what are you requesting from the court, and what is the court\’s authority to order such an inspection? Will you request
A. discovery from the state?
B. some variation on a subpoena duces tecum to Mr. Snow?
C. a search warrant to inspect the crime scene?
D. enforcement of a constitutional guarantee of compulsory process that establishes the defendant\’s right to call for evidence in his behalf?
Answer all questions, in 2-3 pages.
SAMPLE SOLUTION
When a crime occurs inside an individual’s residence, subsequent harm includes not only the crime itself but a violation of the privacy, security, and sense of safety of the PLACE YOUR ORDER NOW AT writtask.com |regaining a sense of security in one’s home is essential in the healing process of the victim. However, in some situations, the court may issue an order forcing the victims to allow invasion of their homes following the discovery process of criminal cases (Brown, 2018).
Analysis of the Case Scenario
In this scenario, the prosecution has PLACE YOUR ORDER NOW AT writtask.com | the defense with pictures of the crime scene PLACE YOUR ORDER NOW AT writtask.com | the trial. However, the defense is not satisfied that the photographs provide a satisfactory way of comprehending PLACE YOUR ORDER NOW AT writtask.com | scene of the crime and ways to PLACE YOUR ORDER NOW AT writtask.com | the locations and relationships of items of PLACE YOUR ORDER NOW AT writtask.com | in Snow’s household. The defense feels that they must have accurate measurements of the house to PLACE YOUR ORDER NOW AT writtask.com | the description of the occurrences given by PLACE YOUR ORDER NOW AT writtask.com |that they need the PLACE YOUR ORDER NOW AT writtask.com | to evaluate and interrogate the witnesses about what took place in Snow’s house. Snow has denied access to his house, and the defense would like the court to issue an order to allow the defendant’s attorneys to inspect the scene of the crime. The defense should, therefore, file for a court order allowing discovery from the prosecution.
Motion to Gain Access and Inspect the Crime Scene In this PLACE YOUR ORDER NOW AT writtask.com | for a court order to grant attorneys and their agents access to inspect, measure, and examine the crime scene at Snow’s place of residence within thirty days after the granting of…
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