Mock Trial part 2
Gabrielle Posted:
1. Which side are you on?
I’m representing the defense for Alli McGraw.
2. What are your best pieces of evidence?
Lack of direct evidence connecting Alli to the narcotics: It’s critical to demonstrate that, in the event that marijuana was discovered in a shared or easily accessible place at Jackson High, Alli was not the one in possession of the drugs.
Character witnesses: I would draw attention to Alli’s spotless record and invite friends or teachers to attest to her well-behaved conduct.
Improper search: I would argue to suppress the evidence of marijuana possession if there is a procedural problem, such as an illegal search or a lack of reasonable cause.3. What are the biggest holes in your case?
4. When it comes to jury selection, describe your ideal jury. Age, socio-economics, job/background, etc.
I would aim for a jury that is:
Younger or middle-aged: Possibly less quick to pass judgment or more sympathetic to the difficulties faced by youngsters.
Diverse socioeconomic backgrounds: I would steer clear of affluent jurors because they might judge drug possession more strictly. Seeking people from working-class or lower-middle-class backgrounds would be my first choice as they might be more understanding of young people making mistakes.
Experience in social work or education: People who have experience working with young people and are aware of their difficulties may be more understanding of Alli’s circumstances.
Chidubem posted:
1.) I will be siding with the defense in this case for several reasons. Firstly, there isn’t enough credible evidence to justify putting Alli through such emotional turmoil, as this could significantly impact his future. Additionally, marijuana has been decriminalized in many states. Kamala Harris, one of the candidates campaigning in the upcoming election, has made decriminalization at the federal level a part of her platform. This further blurs the legal lines regarding marijuana and complicates the legal perspective of this issue.
2.) While there was probable cause to conduct a general search of students at the school due to previous incidents involving large amounts of marijuana, there was no specific reasonable suspicion targeting Alli individually. Without particular evidence or behavior linking Alli to illegal activity, hence such a search could be unjustified. Other reasons follow :
a.) Amount of Marijuana: The large quantities previously found at Jackson School contrast with the small amount recovered from Alli’s bag, suggesting the drugs may have been overlooked when the bag was purchased three days prior.
b.) Procedural Issues: The school failed to properly inform parents and guardians about the search, which raises concerns about the legitimacy of the process.
c.) Character Witnesses: Testimonies from witnesses affirm Alli’s reputation as an upright student, helping to establish a positive image with the jury.
3.) After careful consideration, the biggest hole in my case is my client’s possession of a Schedule I narcotic, which remains illegal under federal law. States like Florida have strict marijuana laws, punishing offenders with 20 grams or less with fines and possible imprisonment. This creates a significant challenge for the defense, as the possession of any amount of marijuana under federal guidelines can be difficult to dispute, even if the drug has been decriminalized in other states. This remains the most critical weakness in my defense.
4.) Jury selection is a crucial part of the legal process, allowing for the selection of individuals who may be more receptive to the defense’s arguments. I would ideally choose jurors between their mid-20s and late 30s, as they might be more lenient given the current trend of marijuana decriminalization in many states. Socio-economically, I’d prefer individuals with liberal viewpoints who are more interactive and open-minded. For occupations, I would target blue-collar or non-professional workers, as they may not have rigid views on drug-related cases. Additionally, jurors from large families might be more empathetic, possibly having family members with similar experiences, making them less judgmental. Having all these element present can definitely help in strengthening Alli’s case.
Sebastian posted:
- Which side are you on?
Prosecution side.
What are your best pieces of evidence?
The key piece evidence for this case is the marijuana found on Allis bag. This clear evidence that she was in possession of the drugs and basically this is a clear case of possession with option to misuse or distribute. Concrete evidence right there.
Witness statement. One of the students saw Alli nervous during the search. Why be nervous if she has nothing to hide. This is a clear indication that she was hiding something and well, there is evidence to support the witness statement.
It is also good to note that this search was conducted by Mr. Tilman and who has been a private investigator for 10 years. He carries along years of experience on conducting search searches and he very well know where to find them. Of course he did find them.
What are the biggest holes in your case?
Acquisition of evidence without a warrant. The defendant can claim that it is her right to be presented by a warrant before the search.
There are also witnesses who agree that Alli purchased the bag a few days ago and might not have seen the hidden compartment.
When it comes to jury selection, describe your ideal jury. Age, socio-economics, job/background, etc.
For my ideal jury, I would pick jury consisting of people above 30 years. These are people with children and they very well understand the problem with drugs in school and they would not wish to have their children get into drugs.
I would also pick Jury on the education sector like teachers. This is ideal since they understand the issue at hand.
For this kind of jury, I would pick employed people. They understand the need to work hard and not use short cuts like selling of drugs to earn money
SCOTUS responses
Bruce posted:
1. The petitioner in Powell v. Alabama is Ozie Powell. The respondent is the State of Alabama.
2. Powell v. Alabama was heard by the United States Supreme Court in 1932. This period was marked by the Great Depression, which had significant social and economic impacts across the country. Racial tensions were also high, particularly in the South, where the case took place. Herbert Hoover was the President of the United States at the time. The Chief Justice of the Supreme Court was Charles Evans Hughes.
3. The primary issue at stake is whether the defendants’ right to due process under the Fourteenth Amendment was violated due to the denial of adequate legal counsel.
4. The Fourteenth Amendment’s and The Sixth Amendment’s.
5. The Court analyzed whether the defendants were afforded a fair trial as guaranteed by the Due Process Clause of the Fourteenth Amendment. The Court looked at the circumstances under which the defendants were tried, knowing that they were not given reasonable time and opportunity to secure counsel in their defense. The Court also compared this case to previous cases like Moore v. Dempsey, where it was determined that the trial violated due process.
6. The Court ultimately ruled that the defendant convictions were unconstitutional because they were denied the right to adequate legal counsel.
7. The legacy of Powell v. Alabama is that it made sure that people facing serious charges, like the death penalty, must be given a lawyer if they can’t afford one. This case was important because it helped set up the rule that everyone deserves a fair trial with proper legal representation.
Article Discussion (Criminology)
Chali Posted
In contrast to last week discussion readings this week’s reading, focus primarily on people who come from a lower economic background. I’m not surprised by how society treats people with less money, but I do find it interesting how it is almost set up to intentionally make life harder for them. I think the articles talk about Red lining in different neighbourhoods, which plays a factor in the rate of criminal activity. Due to lack of access to things such as education, financial literacy services, and home ownership. People look to crime to achieve these things.
I think to reduce these issues governments and communities need to address the issues in the education system, for example the first article talks about how education isn’t prioritised in these communities because they aren’t taught to value it, and we see how this affects them in their adulthood. Secondly I think the way the government divides resources between the rich and poor need to be re-evaluated.
I did an assignment on the amount of cheque cashing places in a lower income area compared to the amount of banks in a higher income area. Despite their being less people in richer neighbourhoods their access to banks was significantly higher in comparison to the more densely populated areas. It just shows how unfair society, it’s very similar to what the woman in the third article describes as travelling further for a resource that should be available in an area like hers.
Natasia posted:
Porky Populism by Rod Dreher
- Addressed the sociological factors linked to criminology. It starts with a difference of opinion between the author and his sister about their eating habits. The argument suggests that eating healthy is a luxury the poor do not have so they resort to eating more processed foods. This showcases a divide in class when it comes to diets, the author every suggest a thing called reverse food snobbery. Which suggests the poor are proud of their poor meal options which usually isn’t the case. However there is a stigma behind being more pretentious in octet of one wants to eat healthy. It seems that when a solution is made the public views it as distasteful. Jamie Oliver a British chef who set out to change the public school lunch options in West Virginia was relentlessness ridiculed to the point of tears by the public. As well as Michelle Obama and NY Mayor Bloomberg who treated initiating healthier diet plans for the community and were met by claims of beings snobs.
- Learned helpless is the belief that one does not have control over their bad situation. This was something interesting to learn about, I have often heard of this scenario but never knew the proper term for it.
Poor? Pay Up, by Deneen L. Brown
- Focused on the obstacles the lower class must experience just to do small things and have access to better meals. This article focused on the economic factors and how it relates to criminology. Due to their social class many low income individuals must sacrifice their time for money to do ordinary things that could take a second to someone privileged. Being in a low income neighborhood causes the prices of things to increase to maintain demand, meaning many people who do not have transportation must settle for paying corner store prices for things such as toilet paper, which could cost $.50 a roll at a local supermarket but cost $2 at the corner store.
‘Culture of Poverty’ Makes a Comeback by Patricia Cohen
- Some things that stood out to be in this article was the experiment down by the Chicago Professor. He left letters around different neighborhoods of Chicago to see how many letters would get mailed of and from which area. This test was used to try to measure people in that neighborhood’s ability to show kindness to others which is a common indication of poverty which is usually untrue. It was also a test. to show if income of neighborhoods would affect the outcome of how many letters they would receive back. At the end of the experiment many letters were returned from different areas so there was no indication that wealth and poverty affected one’s ability to showcase kindness.
- Also interesting was the generalized black urban family mindset many individuals have. The study in Philly of black women upset me due to their inability to see marriage as an achievable thing. They further along the urban family depiction that a single mom and unmarried parents are the goals of a black household.
The Culture of Poverty Reloaded by Monique Redeaux
- Showcased some obstacles that low income children often face with education. It highlights the disconnect of the teachers and the students and relates that too the student’s overall academic performances. The article created in 2011 claimed that 90% of the teacher population at low income schools are white. Which is a huge gap in a 90%black and hispanic population school district. Increasing the amount of black teachers in school may be the key to increasing test scores and helping to build better student teacher connections.
• • Payne’s culture of poverty model preyed on the already racist and classist mindset of the public. She further pushed that poor people want to be savages and do not hold the same values and morals as their weather counterparts. She made a toxic mindset of poor common knowledge and like the article mentioned she made a killing off of her manipulations and social setback.
John Posted:
These articles gave me the opportunity to see poverty in a different way. Many of these mentioned topics are not normally seen by the rest of society. People living in poverty face many obstacles but one that caught my attention would be the price of food. These people do not have access to big company stores due to their environment. It is unlikely that a Costco is in a low income area. Which means that they need to buy their food from corner stores, which is much more expensive. I discovered that eating is more expensive when you are poor than if you are middle class.
Living in poverty can have an effect on crime as well. Having limited access to food or shelter can severely affect someone’s actions. These can leave to shoplifting, or any other kinds of theft. These people may believe that it is more appropriate to shoplift than purchase overprice food items. Another way poverty can relate to the causes of crime is through gangs. Since these people can not support themselves, they may turn to gangs for additional support. As poverty grows, the size of gangs can expand as well.
A way to combat these issues is to build more stores closer to these areas. From building in low income areas, it can provide jobs and give the area a better reputation. If food stores are built, it can even bring down the prices of food. I believe that more opportunities for employment can only help low income areas. Of course this costs money, so I believe funding should be focused in building up these area.
Another reaction that I had from reading the first article was about poor people’s perception of jail. I thought it was interesting to read that many poor people do not look at jail in a negative way. Instead of a punishment they believe it is apart of their life.