The Importance of an Accused's Right to Counsel
Shortly before midnight, Mr. Ross is driving through a residential area in an attempt to get his wife, who is in labor, to the hospital. The posted speed limit is 30 mph, but Mr. Ross is anxious to get his wife to the hospital and is driving 75 mph. In a dark area, the car strikes a 10-year old boy and his mother who are walking across the street. The boy is instantly killed, and the mother severely injured and unconscious. Mr. Ross loses control of the vehicle, the car hits a pole, and he and his wife suffer minor cuts and scratches. Mr. Ross, in shock and panic, takes a bat out of his disabled car and stops a passing vehicle by force, throwing the driver to the ground, placing his wife in the stolen vehicle and leaving the scene. The police ultimately apprehend him several blocks from the scene and arrest him.
You work for a private investigation firm specializing in criminal investigations for criminal defense attorneys like the one who represents Mr. Ross. You assure Mr. Ross’s attorney, who has hired your firm, that your information will be accurately assessed with the explanation of the events that occurred, as outlined above. Your job is to conduct an independent criminal assessment of what happened in this case, based upon the facts outlined above, and provide the attorney with your analysis of the case against Mr. Ross.
You may have some reservations in helping the attorneys for Mr. Ross. While the facts may be troubling, The U.S. criminal justice system depends on everyone’s presumption of innocence, access to a vigorous defense, and being found guilty only when the prosecution proves beyond a reasonable doubt to affirm a conviction. Review the following cases and video to learn more about the importance of criminal defense:
Powell v. Alabama
Gideon v. Wainwright
Rothgery v. Gillespie County
Luis v. U.S.
The attorney asks you to make sure that you address the following areas of concern, and any other information that you feel pertains to the case, in a 2 page report:
Based upon your opinion, reading assignments, and research, should Mrs. Ross be charged with any crimes? Identify the crimes and explain why he should be charged.
If you believe homicide is a relevant charge, discuss the specific charge, the pertinent elements of the charge, and what would be required to convict.
If you believe robbery is a relevant charge, discuss the specific charge, the pertinent elements of the charge, and what would be required to convict.
If Mr. Ross is charged, should he be charged with a property crime or a crime of violence? Explain why.
If you conclude that Mr. Ross has not committed a crime, explain why.
The Importance of an Accused's Right to Counsel
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The Importance of An Accused's Right to Counsel
Criminal forfeiture has in the recent past invaded the law courts with massive cases emerging as the attorney's forcible weapon. In our case, Mr. Ross is charged with several law violations (Harvard Law Review, 2016). He is found guilty of homicide by killing the young man and injuring his mother severely. After his vehicle hits a post, he moves ahead to seize a passing car by force. He is found again to commit robbery with violence. He could have received help willingly from the driver, but he forcibly throws out the owner and takes the car by force. He further violates traffic rules and is found guilty of traffic offense by overseeding from the average 30km per hour to 70 km per hour. This violation lands him to all these troubles which could have been evaded concerning the set guidelines and rules.
Homicide is an apparent crime committed by Mr. Ross. He is found guilty of the crime by hitting the young man and killing him instantly (Harvard Law Review, 2016). Though he was rushing to take his wife to the hospital, he accidentally overruled the young man. He has no record of overspeeding, and the current state is created by trying to save his wife, who is ready to deliver. In his quest to save his dear wife, he is forced to overspeed as the wife is in critical condition. From this pressure to protect the wife, he meets with the two victims and kills the young man. The case may be considered homicidal since it was in a...