Reflect on the two scenarios from the weekly Introduction. Now, imagine that you are the law enforcement officer who either cracked the big case and brought down a big cartel or who dutifully pursued the smaller case to find justice for an aggrieved family. In both circumCriminal Justice Case Studies: Criminal Courts and Judicial Process, Week 2
The Case of the Seized Computer
Brian is a 32-year-old male who lives with a roommate in a two-bedroom house rented
from Clark Real Estate. The house is located next door to a daycare for children who
range in age from 2 to 5 years old.
Brian works at a video game store at the local shopping mall. His roommate works third
shift at a nearby bread factory. During Brian's off time—he works weekends and has
two weekdays off—he volunteers at the daycare. The daycare conducted a background
check on Brian before allowing him to volunteer, which he passed due to having no
arrest record. Brian, an avid video game player, also spends a great deal of time on his
computer playing games and surfing the internet.
Officer Yoder was recently assigned to the ICAC (Internet Crimes Against Children)
Task Force, and when he returns from training, he uses his newly acquired skills to
search out and identify individuals involved in the acquisition and dissemination of child
Officer Yoder's investigations lead him to Brian, who has been receiving and sharing
thousands of images of children who are being sexually exploited. The images are
being shared in multiple states and in several foreign countries.
Officer Yoder obtains a search warrant for Brian's residence and computer system. The
computer is seized, and Brian is detained for questioning. Brian's roommate is also
detained for questioning, although he claims to have no knowledge of Brian's actions.
The roommate does have a prior conviction for a DUI, but he has been following his
probation guidelines well in attempt to get back on track.
During Brian's interview, he confesses to taking nude pictures of the children at the
daycare and uploading them to various internet groups with which he is associated.
stances, you feel strongly that the DA should fully prosecute each case. How would you convince your commanding officer to advocate with you to the DA? In this Assignment, you take on that perspective when providing a rationale to prosecute based on a case study.
What are the charges?
What is the reasoning behind the charges?
Which court(s) can or should be solicited?
What is the reasoning for choosing that court?
Note: Most importantly, a plea deal is not an option in this situation.
Provide your reasoning for why you would not take an alternate path, such as a particular court.
Provide your reasoning for why a plea deal is not appropriate.
Your role is the investigator and your audience for the brief is the commanding officer.
Be sure to draw upon examples from the case study and Learning Resources to support your response.
U.S. Department of Justice: Bureau of Justice Assistance. (2011). Plea and charge bargaining Download Plea and charge bargaining: Research summary. Retrieved from https://www.bja.gov/Publications/PleaBargainingResearchSummary.pdf
Etienne, M. (2017). A lost opportunity for sentencing reform: Plea bargaining and barriers to effective assistanceLinks to an external site.. South Carolina Law Review, 68(3), 467-486.
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