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Case Study: ARSON AND OTHER CASES

Essay Instructions:
Final Project In the final assignment for this class, you will research a court case in which the defendant is charged with arson. The court case must have been tried within the United States. Also, there must have been an actual trial; plea bargains or other truncated cases are not appropriate for this assignment. You must attach the case along with your paper in WebTycho as part of this assignment. Failure to submit the actual case will result in a lower grade. This assignment will introduce you to the concept of case briefing and will also have you explain additional items of concern that will help you build an understanding of the case and the criminal prosecution. In completing the assessment, use information from the text, supplemental readings, videos, classroom conferences/discussions, and external sources, including electronic and print sources. Use either American Psychological Association (APA) guidelines or Bluebook citation format. Please be cognizant that, when using sources not normally considered scholarly, e.g., videos, television programs, and newspaper and magazine articles you will be held responsible for determining their scholarly value. If you are in doubt, contact me. You are required to submit different exercises during the semester, which include identifying the case to be analyzed, drafting the brief, and providing other information as needed via the conferences or Assignments folder. You must gain clearance from me to move forward. The primary purpose of these assignments is to encourage you to collect and analyze information throughout the semester and to prepare preliminary drafts, do not wait until the end of the semester. The required sections of the paper are as follows: I. Elements of the crime. Identify and discuss the elements of the crime, as the prosecution proved them. II. Defenses claimed by the defense. Identify and discuss any defenses claimed by the defendant. III. Constitutional protection issues. Identify and discuss any constitutional protection issues (e.g., Miranda warnings, search and seizure). IV. Case brief. Use the required formula: 1. Title and citation 2. Facts of the case 3. Issues 4. Holding (the final decision) 5. Reasoning (how the court arrived at this holding) 6. Analysis (how the facts of the case meet the legal criteria for prosecution) V. Your judgment. If you were the judge or a juror in this case, would you have agreed with the outcome? If yes, explain why; if no, explain why. Format Requirements Paper should be between six and ten pages (1,500 to 2,500 words) Double space 12 pt. font 1" margins Use APA citations for all sources Include APA reference page (not included in word count) Additionally - Create a cover page for your assignment (not included in word count) Include your name Course title and number Project title Date of submission
Essay Sample Content Preview:
ARSON AND OTHER CASES Name Institution affiliation Course Date of Submission James Kluppeliberg The case in point is one involves James Kluppeliberg, a defendant in the case where he was charged with setting a fire that killed five children d a woman. The incident occurred in the year 1984. The defendant aged forty six was faced with death penalty in relation to killing of 28-year-old woman by the name Elva Lupercio and other five kids who were of age`s three to ten. The incident happened in their home 4400 block of Avenue known as South Hermitage. This happened at the neighborhood back yards. The husband of the woman managed to escape from the scenario hence survived the fire. The defense argued that the specific blaze that led to fire was not arson. Arguments were furthered by the developments brought forth by advance that took place in the science and were quite vital in the investigation on matters concerning fire. Various criteria were developed all in a bid to try and solve the fire related cases. Some of the advances that were achieved showed that some of the indicators priory used in judging on the fate of fire like blaze which symbolized that the fire had been lit intentionally was classified as signs of how hot the fire was. Advance in the fire science also termed many other convictions that were done as wrongful as they were judged on bad ideas. The judge rejected the idea of sentencing the defendant to death penalty as acclaimed. The earlier theories used were not applicable as they were not viable in all cases. The individual who happened to implicate the defendant later came to admit the defendant had no mistake hence claimed them as lies. The defense also layed a claim that the prosecution side did not cover about a fire that was started by a woman on the same block, few meters from the same fire that defendants is being accused of. The sentence of life came later as before the sentence, the defendant had been mistakenly released from the Cook county jail on which was not supposed to happen. A jail guard was accused of assisting the accessed to escape from the jail that he was being held awaiting the jury last sentence. The guard was said to do so after he was assisted by the defendant to obtain cocaine. However, the prosecution wished to drop the case on the grounds of consultation from experts on fire science who actually layed the verdict that the accused to be set free. There was a comprehensive Jeffrey Lionel Dahmer The victim was born in West Allis on May 21 in the year 1960. He underwent under normal childhood life but ultimately grew to develop mellow moods after an operation that involved double hernia when at the age of six years. The victim was also said to be molested by the neighbor. This induced the development of the introvert attitude which had adverse effects. He started early drinking in high school. After his parents divorced, he lived with his father. In 1982 he was arrested for indecent exposure and later he masturbated in front of two boys. In the 1988 summer, he was forced to go packing by the grandmother owing to strange behaviors and later in the year he sexually assaulted 13-year old boy and was arrested. Later, a brother to the 13-year old escaped after being dragged and raped by Dahmer. He tricked the officers that the boy was just a lover and given the fact that he was on probation for five years, he was released. In July 22 1991, Tracey Edwards reported him to the police after an escape from Dahmer`s captivity. He got the victims by visiting the gay bars where he invited most of them to his particular apartments. He also managed to lure some of the sex victims via money promises. Most of the victims were particularly bi-sexual or homosexual who had African or Asian origin. The life style of the victims was a high-risk which gives credit the reason why Dahmer managed to drive most of them to captivity. Victims were also found to have contained criminal records pertaining to rape and sex assault. Friday nights were some of the best periods where he went and pick the victim for the purpose of spending time with them during the weekend. In some of the cases, he crushed some drugs into the drinks and dragged the victim home where he raped them after which he killed most by them. The victims were killed through bare hands, leather straps or hand cuffing them. The remains...
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