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Roots of Crime

Roots of Crime . Community-how it gave rise to this:conformity and intimidation Power of this group of guys Exploitation of this particularly vulnerable victim Homogeneity of community Parents complicity-all wanted to achieve and maintain “normalcy”. Unanswered Questions.

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Roots of Crime

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  1. Roots of Crime • Community-how it gave rise to this:conformity and intimidation • Power of this group of guys • Exploitation of this particularly vulnerable victim • Homogeneity of community • Parents complicity-all wanted to achieve and maintain “normalcy”

  2. Unanswered Questions • Are males inherently violent? • Would women do something analogous? • Could this have happened anywhere?

  3. Disruption of Past Practice • What allowed this to become a public, criminal prosecution? • Whistleblowers:why and what consequences • Charlie Figuroa • teachers • Police-Sheila Byron • Particular District Attorney

  4. Legal System and Adversary Process • Legal process is a contest the goal of which is to win • Each side builds their case around a theory that is offered to explain events in most advantageous way • Uses and manipulates information to bolster theory • Examination and cross-examination of witnesses-bolster or undermine credibility

  5. How Courts are Organized • Dual System: Federal and State Courts • Hierarchical: trial courts up through appeals courts • Trial courts try facts and apply law • Appellate courts review legal rulings and render written opinions which contitute precedent

  6. Pre-Trial • Police Investigation • What tactics were used- Grand Jury-23 jurors • Required in Federal Prosecutions • Discretionary in State Prosecutions • Closed to public • Prosecutor presents evidence-defense does not-indictment results

  7. Motions • Requests for a ruling of law outside of jury • Rape Shield-these laws, adopted by a majority of states, preclude presentation of evidence of victim’s prior sexual activity with anyone other than defendant • Here-judges ruled that accounts of her prior sexual conduct was admissible

  8. How to structure trials and what court-who would be tried together-separate trials for Maher and Corcoron • Plea-Bargaining-Deal offered, all or none had to take it. Declined-why?

  9. Lawyers • Lawyers for each took different approach in constructing story • Goldberg-prosecutor-tried to lay groundwork for who Leslie was Defense could have -argued that she was mentally capable -that she was sexually experienced -didn’t know her but this would require them taking stand -down and dirty approach-she was promiscuous and wanted it

  10. Jury • 10 women, six men, 8 black and 4 white. • Majority in 30s and 40s, few in late 50s and early 60s-one was 26 • Urban and suburban • Mixed occupations

  11. Theories of Case-Defense • Defense-Leslie was sexually promiscuous, and engaged in consensual sex • Prior sexual conduct-helped by Judge Humpheys ruling on Rape Shield • Gynecological records • Cross-examination • What else

  12. Theory of Case-Prosecution • Leslie was incapable of consent and was forcibly raped • Wanted to bring in evidence of previous molestations • Why mother put her on birth control pills • Ruling on rape shield law that prior case would violate her privacy impeded prosecution’s case

  13. VERDICTS • Chris Archer-Guilty of two counts of aggravated sexual assault-1 for using force or coercion, 2 for assaulting mentally defective woman. Guilty of 2nd degree conspiracy • Kevin Scherzer-same as Chris • Kyle Scherzer-Guilty of 1 count of first degree aggravated sex assault-using force or coercion. Guilty 2nd degree on mental defective charge.Guilty of 2nd degree conspiracy

  14. Verdicts • Bryant Grober-Acquitted of 1st degree aggravated sexual assault, Guilty of 3d degree conspiracy to commit aggravated sexual assault and aggravated sexual contact

  15. Archer and both Scherzers-maximum fifteen years in prison (could have been up to 40 years)-bail pending appeal Young adult offenders institution Grober-3 years probation and 200 hours of community service SENTENCES

  16. Appeal • Argued in New Jersey Appellate Court in April 1997. • Skeptical that force and coercion had been used • Dismissed force and coercion charge. Upheld Mental Capacity Charge • Result-Jury verdict left standing

  17. Next Class • Watch TV Movie if possible • Finish Discussion • Read “Doubt” in Packet • Handout writing assignment-due 2/14

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