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

March 23, 2022
Christopher R. Teeple

This Competency Assessment assesses the following outcome:
CJ227-M3: Describe the various parts of a criminal trial and the roles of the major participants.
Assignment Instructions
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 Walsh. 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.
1. How should the court rule on Bert’s motion for severance in the case?
2. What should the prosecutor do following the statement Bland after charges had been filed against Walsh?
3. How should the court rule on Bert’s motion to continue regarding Mook?
Note: This Assignment will require outside research. Use at least two credible sources beyond the text material, and discuss how you evaluated the credibility of the resources used. You may consult the Library, the internet, the textbook, course material, and any other outside resources in supporting your task. Use proper citations in APA style.
The paper should contain a cover page and a list of references in APA format.
All internal citation of outside sources plus the listing of all references should also adhere to APA format.
Download the Assignment Checklist
Minimum Submission Requirements
This Assessment should be a Microsoft Word (minimum 2 pages) document, in addition to the title and reference pages.
Respond to the questions in a thorough manner, providing specific examples of concepts, topics, definitions, and other elements asked for in the questions. Your paper should be highly organized, logical, and focused.
Your paper must be written in Standard English and demonstrate exceptional content, organization, style, and grammar and mechanics.
Your paper should provide a clearly established and sustained viewpoint and purpose.
Your writing should be well ordered, logical and unified, as well as original and insightful.
A separate page at the end of your research paper should contain a list of references, in APA format. Use your textbook, the Library, and the internet for research.
Be sure to cite both in-text and reference list citations were appropriate and reference all sources. Your sources and content should follow proper APA citation style. Review the APA formatting and citation style found in the Writing Center. The Writing Center can be found within the Academic Support Center under Academic Tools in the left navigation of your course. (It should include a cover sheet, paper is double spaced, in Times New Roman 12-point font, correct citations, Standard English with no spelling or punctuation errors, and correct references at the bottom of the last page.)

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