Criminal Law Research
Description
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I had to do an observation on a criminal hearing. The case I observed was actually my daughters case. At 7 months old she had a broken left femur from a daycare provider. So below are the charges she got but only walked away with the Neglect charge. Don’t forget to use the resources I have provided you below in the upload called Course Materials.
- ·
First, locate
Wisconsin statutes which govern the crime with which the defendant was
charged in the case you observed. Here is the charge she had
gotten, Count 1 had gotten dismissed but Read In.
·
COUNT 1
·
Child Abuse-Recklessly Cause Great Harm,
Felony E, Wisconsin Statutes 948.03(3)(a)
·
Sexual Assault of a Child / Physical Abuse of
a Child by a Child Care Provider, Wisconsin Statute 939.635 (Charge was
Dismissed but Read In)
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COUNT 2
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Neglecting
a Child, a class A misdemeanor, Wisconsin Statutes 948.21(1)(a).
·
Does Wisconsin have
mandatory, determinate, indeterminate or guideline sentencing options? In
accordance with Wisconsin sentencing standards, what are the sanctions
available for this defendant if found guilty? Hint: You can find Wisconsin statutes and other information at http://www.findlaw.com.
·
You will need to then
research the cases affecting the law the defendant was accused of violating.
Locate a minimum of two U.S. Supreme Court cases dealing with the observed
criminal proceeding. Although the constitutional issues will differ, the cases
should be based on the criminal activity of the case or cases you
·
State
v. Rundle 176 Wis. 2d 985 (1993)
·
State
v. Consaul
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Using what you found
during your research, brief the two precedent cases of the observed law or
proceeding. The briefs should have the proper format as shown below!
Case Title Citation
Issue of the case: Should be in question form.
Facts
Supreme Court Decision
MajorityDissenting
decision
Comments
For information on the specifics of how to brief a case, please visit the
following website:
o
How
To Brief a Case
http://www.lib.jjay.cuny.edu/research/brief.html
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