Unit 9 Assignment- Criminal Law
Distinguish between the detention of an individual and the arrest of an individual. What is a “stop and frisk” and what is the name of the landmark ruling of the U.S. Supreme Court that first set forth the law relating to stop and frisks? Sum up the Court’s holding in this case.
- Explain the process of plea negotiations. How does the plea bargain process help the prosecution? the defendant? the people?
- Beth and Carl have been married for five years. One day Carl comes home to find Beth in bed with another man (John). He immediately walks over to the closet and grabs his revolver. Beth jumps out of bed and pleads with him to put the gun away. They struggle over the gun, and John is fatally wounded. Based on this scenario, answer the following questions:
- Could Carl successfully be prosecuted for voluntary manslaughter? Why or why not? Be sure to go over each element for voluntary manslaughter and why the facts do or don’t support that charge against Carl of killing John.
- As prosecutor, would you charge Beth with John’s death? Why or why not?
- After you have completed your answer to the above questions, discuss any defenses Beth might have to the charge you argue should be made against her in your answer.
- Note: do not forget to cite to your source such as the textbook, case law, etc.