Analysis and Application: Procedures in a Criminal Trial

The following case study presents issues related to procedures in a criminal trial and the roles of the major participants.

Case Study:

Jones, Walsh, and Bert have been arrested on suspicion of rape and criminal assault of a 14-year-old girl. As the police investigation unfolds they locate and obtain the statement of Bland, who provides them additional information about Jones. The evidence the police uncover reveals that there have been three separate assault and rapes of juveniles over a 3-day period.

The prosecutor in the case files charges against Jones, Walsh, and Bert for their acts. Bert hires an attorney to defend him. Bert tells his defense attorney that he did not commit any of the rapes and that he was only present one time with Jones and all he did was hit one of the girls. Bert explains that he can prove this because at the times the other rapes are alleged to have occurred, he was with Mook. Mook is currently out of the country on a mountain climbing trip and will not return for 2 months.

Shortly after the prosecutor files charges in the case, Bland contacts the prosecutor's office and provides a written statement to the prosecutor that Walsh was not present during any of the rapes.

In a 2 page paper (excluding the title page and reference page), discuss the following questions, explaining your answers in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms and principles; and citing legal authority (your text and other legal authority) to support your conclusions.

How should the court rule on Bert's motion for severance in the case?

What should the prosecutor do following the statement Bland after charges had been filed against Walsh?

How should the court rule on Bert's motion to continue regarding Mook?