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Exploring the Roots of Crime within Community Dynamics

Delve into how conformity, power, and exploitation led to a criminal prosecution in a close-knit community. Explore legal procedures, court systems, pre-trial tactics, jury dynamics, and case theories. Unearth the verdicts, sentences, and appeals of the young adult offenders involved. Discover unanswered questions about violence, gender, and societal norms in this thought-provoking case study.

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Exploring the Roots of Crime within Community Dynamics

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Presentation Transcript

  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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