Discussion #4: Trial by Jury, Legal Analysis

Discussion #4: Trial by Jury, Legal Analysis

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Examine the following scenario and write a thoughtful, detailed legal analysis from the knowledge and cases you have learned this semester. 

Harold, a Hispanic man, was tried and convicted of rape, a felony. His jury consisted of six members, and all of them were women. During the jury selection, the prosecutor used all of his peremptory challenges to eliminate men, and Harold’s attorney did not object. In addition, the prosecutor had evidence which pointed to another suspect, and this evidence was not disclosed until after the trial was over. Harold’s new attorney wants to appeal his conviction.

Consider the first three steps of the Criminal Justice Decision Making Model:

Step One: Define the problem (and the questions that need to be answered): Read the information on The Right to a Trial by Jury, The Right to Due Process, and The Right to Counsel. Consider whether Harold’s new attorney can raise a claim that his right to a fair and impartial jury was violated. Would it make a difference whether or not the verdict was unanimous? Harold’s attorney is also interested in raising an ineffective assistance of counsel claim. Finally, discuss the Brady rule and whether the prosecutor should have disclosed the evidence of another suspect.

Step Two: Gather evidence (law, policy, procedure, data) and evaluate for relevancy: What cases lend credence to your arguments? Are there any that detract from it, and how would you overcome these?

Step Three: Weigh moral considerations and direct/indirect consequences: Ineffective assistance of counsel is a very difficult appeal to win. Do you agree that it should be so stringent, and why or why not? What other due process rights do you agree and disagree with?

Following Steps 4 and 5 of the Criminal Justice Decision Making Model, write a three-page essay in which you discuss the likelihood that these appeals might succeed. As you write your essay, use supporting ideas (facts, statistics, examples, expert opinions, and personal examples) to lend credence to your opinions. Cite your sources using APA format to support your points.

Step Four: Write your essay, utilizing the above material.

Step Five: Balance your position by addressing alternatives and potential pitfalls.

Your paper should be a minimum of three pages, standard format, double spaced.  This is a 30 point assignment: your assessment should be thorough, your analysis should be thoughtful and detailed, your conclusions and proposals should be well formulated and evidence-based; and your report should be well-articulated and college quality, including spelling and grammar and structure. 

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