adversarial system

Assume for a moment that you are representing Todd as a defense attorney, and then switch roles and then
represent the state by listing multiple charges against Todd. Set up both sides of our adversarial system, creating
a argument of Todd’s defense, the best you can to get charges dismissed or reduced. Then create an argument to
prosecute Todd to the fullest extent of the law.
Read the fabricated scenario below then form an essay based on the questions addressed. You can set up s 2
essays if you prefer: prosecution and defense Some students actually write it as a script so to speak that is fine
No outside research is needed but be sure you read and apply cases from the chapter 4 and 7 that discusses legal
terminology and the police and the Constitution.
Include as much information as possible using appropriate legal terminology from your text. Be sure to define
the terms as you discuss them in your essay. ( Good faith, exclusionary rule etc.)
Be sure to answer each part of the question but do not include the question itself in your essay, and cite
appropriate cases to support your work. ( At least 4 cases total) Provide the holding and how they relate to this
Be sure to review rubric before posting.
You may include other information about Todd that is not included in the scenario to support your defense and
prosecution of Todd. Be creative but MOST importantly is to support your legal arguments using case law and
the legal doctrines discussed in the chapter 4 and chapter 7.
Identify strict liability crime in this essay and use appropriate case that support filing charges against Todd. Be
sure to discuss the holding for this case.
Can Todd’s defense attorney defend the strict liability crime? Why or why not
Identify the legal doctrine(s) that might apply to the search of Todd’s home, what if any of the evidence obtained
can be thrown out based on which legal doctrine and case(s)?
Mens Rea (Include appropriate elements) Every crime (except strict liability crimes will contain at least 1 or
more mens rea elements.
Actus Reus( Every crime will have an act), identify each act as you are writing your essay.
Identify the attendant circumstances, inferences circumstantial evidence. Which case highlights the latter 2 terms
of the significance of evidence and inferences?
What type of homicide is Todd eligible for? Be specific and include the elements of the homicide you have
chosen. See chapter 4 What is his eligible sentence range in Texas based on the murder charge you have
Does proximate causation arise in this scenario? Explain and apply using a case to support it.
Which defense might you use to defend Todd: Be specific and use chapter 4 as guide. For example: “Excuse”:
duress, Todd claims that a gang member will kill his whole family if he did not shoot his neighbor.

Note: You may add details about Todd (Background info. age etc.) that are not included in this scenario to
support your legal claims. There is not necessarily a right a wrong response to this essay, it is whether you
proved the prosecution and the defense of Todd. Enjoy it and have fun creating this ridiculous tale of events!

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