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Maximum thirty extra-credit points for the semester In, at most, four pages of c

ID: 3456960 • Letter: M

Question

Maximum thirty extra-credit points for the semester In, at most, four pages of clearly writen prose text (one side per sheet, only), please address the crtical issues in the following fictional passage, and do so through the questions supplied olowing the passage itself. The material on this page, then, is the "subject" portion of the assignment. Formatting, Core Rubric and grading information on following page. Due no later than 30 March (MW clas) or 01 May (IR clas). No electronic submissions. Text: Here we are confronted with a capital murder trial, one in which prospects for the parking lot one sunny aftemoon, at very close range and in the head, with a murder, a Ms. Smith, by name. Among not look very promising. The Defendant, our client, is accused of shooting the deceased in the Mall 357 Magnum revolver. Most if not all the factual evidence seems clearly against our client, including the testimony of an alleged eye- witness to the other maneuvers to counter such evidence overall, we intend to discredit Ms. Smith by asking her under oath, if it is or is not true that she is a prostitute and a dealer in illegal drugs. Our aim here is to play upon the egotistical conscience of a certain juror, a Mr. Jones, by name, hoping he will vote not guilty in this case because he fundamentally wrishes to avoid the embarassment of having to admit to his wife, his children, his business associates and his religious colleagues that he in practical effect voted to execute our client based on the testimony of a morally corrupt and debased witness. Think here as would a Judge,in such an instance. Questions (to be answered in continuous f seemingly damning factual evidence could the Prosecutor bring against prose text): What kinds o our client? What are the advantages and the disadvantages of the Prosecution bringing forward the eye- witness, Ms. Smith? What makes bringing forward eye- witness testimony a risky maneuver? If the Prosecution is to prevail, is there any particular kind of reasoning that the Prosecution must use to organize and present all the damning factual evidence mentioned above? Can the idence in play be cast in another kind of reasoning that the Defense could use, and in such a way as to dismiss or jeopardize the value of all or pants) of this evidence? When Ms. Smith's characteris attacked, which fallacy of relevance is involved? What should be the reaction of the Prosecution to this effort? (Continues .

Explanation / Answer

1) The factual evidence that the prosecutor can bring in front of the Judge is the presence of the eye-witness who saw the criminal shhoting the person on the head in the market area. It is the version of the eye witness that should be heard by the Judge for punishing the criminal.

2) The advantage is that the version may prove out to be beneficial for punishing the criminal so as to prevent such acts in the society again. The disadvantage is that there is no video proof or recording of the criminal killing the victim in the market area or any evidence or revolver may have been left behind for committing the crime in the society.

3) A risky option of bring forward such witness can be that such witness may not be present at the actual scene of crime but have been specially bought by a group of people on the pretext of providing money to punish or target an innocent person in society. It can be a form of business dealing to punish or remove a small innocent person in the society or to leave some criminal evidence in the home of the innocent person who is blamed or killing and murdering a person in the society.

4) The evidence provided by the prosecutor should contain video images or photographs of the criminal shooting a person at the site of shooting. It should not just be based on visual versions. The eye witness should be able to correctly explain the situation of crime without any obstruction or hindrance. The incentive should be decided to honor the correct eye witness and not the duplicate eye witness.

5)The defense should properly ensure about the basic presence and genuine observation of the eye -witness of the scene of crime. There should be a proper validation of the eye witness.

6) There can be challenge to the presence of the eye-witness at the scene of crime with the availability of proof of committing the crime. The prosecutor should be able to extract the exact details of the occurence of the scene of crime from the eye-witness and should be able to explain the entire details of what happened and should be able to recognize the criminal and not a duplicate person standing before the eye -witness. The can be a vision problem for recognizing the criminal.