Procedures In A Criminal Trial

Procedures In A Criminal Trial
Kaplan University

Procedures for Rape Case Study

The court verdict on Bert’s case

The prosecutor of the court ought to give a verdict in contrast with the evidence presented by defendant Bert. Bert declared before the court that he hit the girl. It is not only showed that he was present during the rape case but also had an intention of rape due to the action of hitting her is concerned. The defendant is clearly seen to have a strategy on how to weaken the victim so that he can commit the crime. Additionally, in chapter 265, section 22 and title one part IV of the Constitution of United States of America vividly explains more about the physical assaults (Cocca, 2004). This section of the constitution of a 187thcourt of the commonwealth under the sexual act says that whoever indulges in the sexual crime of the unnatural sexual deed is guilty of the injustice and the assaults. Consequently, the criminal must be imprisoned for a maximum of twenty years exclusive of the cash bail. Using the fact, that defendant Bert hit the girl; it is constitutionally valid to observe the hitting process as the first phase of rape and a physical assault on the victim.

The prosecutor’s verdict on Bland’s statement after charges filed against defendant Walsh

The prosecutor has two choices to deal with the statement given by witness Bland. The first choice is to call Bland to the chambers privately. The prosecutor will have a chance to ask the witness more questions, get an explanation and eventually analyze the statement accurately concerning the Walsh. The second choice the prosecutor should take is to form a tribunal to investigate the Bland’s written statement (Gager and Schurr, 1976). The tribunal will have to seek more clarification on Bland’s statement by asking him to provide the necessary evidence required for the case. The defendant is guilty of not giving in the statement early before the charges were filed in court. The prosecutor should, therefore, cease to focus on the statement but instead focus on the facts and evidence after the investigation.

Court ruling on Bert concerning Mook

Since there is no clear evidence that criminalizes Bert, he is, therefore, an alleged suspect. Consequently, Bert should not be detained but he should be released on bail. The required bail should be ten percent of the bond (Section 2332b, Title 18). The cash bail serves a gross period of two and a half months waiting for the key witness to arrive. In support of the determinist argument, the victim is not responsible for the behavior regarding the defendant’s evidence.

Conclusion

The court verdict should focus on the facts and evidence when dealing with the rape crimes. According to the National Medical Authority, there is exclusive evidence by using the DNA test. The victim should, however, be advised to take the examination in the lab in order to find any trace blood or hair that can be useful for DNA examination. To avoid the rape cases, women who are prone to rape should conduct themselves in such a way that it can reduce the crime. The prevention may include, decent dressing, avoiding walking alone in deserted areas and avoiding late night walk. The government should provide adequate security and quick response in case the crime is committed. If the victim is taken to the hospital within twenty-four hours, she might escape chances of pregnancy and infections.

Reference

Gager, N., & Schurr, C. (1976). Sexual assault: Confronting rape in America. Grosset & Dunlap.

Cocca, C. (2004). Jailbait: The politics of statutory rape laws in the United States. SUNY Press.