In this module, you have learned about the elements of a crime and a defendant’s

Question

In this module, you have learned about the elements of a crime and a defendant’s Constitutional protections.

In this assignment you will review a scenario, and determine what the elements of the crime are, what the prosecutor must prove, and what constitutional protections the defendant may invoke.

Scenario

Joanna works for a small manufacturing company. Joanna started with the company as the executive assistant, and the company has grown quickly over the last five years. Since Joanna has been with the business from the beginning, she has been promoted several times, and is now responsible for accounts payable and receivables.

Over time, Joanna starts “fixing the books” and taking money out of the company’s income for her own personal use. After two years of doing this, she has taken $115,000 of company money. Her boss determines something is wrong with her books, and calls the police. Joanna is charged with embezzlement.

After reading the above scenario, answer each of the following questions as completely as possible:

In order to obtain a conviction for embezzlement, what must the prosecutor prove in this case? (5 pts)

A defendant is guaranteed certain protections under the Constitution. Which of these do you think would be most helpful to Joanna in this case? Be sure to explain your answer. (5 pts)

In the first two questions, you have identified both the prosecutor’s role and the defendant’s role in the criminal process. Now, outline the steps necessary to obtain a criminal conviction in this case. In completing this exercise, think of the steps involved – defendant is charged, defendant obtains lawyer, prosecutor’s burden of proof, jury process, etc. Your response will be graded based on your inclusion of all necessary steps and their application to this particular case. (10 pts)

Explanation / Answer

In this specific condition in order to maintain a conviction for embezzlement the prosecutor must prove embezzlement beyond reasonable doubt. For opening the conviction for embezzlement prosecutor is required to prove that Jonah was specifically interested with the property including her owner's office. Prosecutor also requires to prove that Joanna wrongfully took the books in her benefit and had strong intentions to do the specific act.

In this specific case it is required to be proven without a doubt that she committed the specific crime. Joanna has full right of effective assistance of the Council which can be easily found in sixth amendment. If Joanna is not able to afford effective assistance of counsel then the assistance would be automatically appointed to her. Right of examining and confronting the witness is also available to Joanna according to the sixth amendment.

Step 1- The crime is allegedly committed - Joanna has committed embezzlement from the company with total pricing of $115,000 the company she worked.

Step 2 - Joanna gets arrested

Step 3 - Charges for embezzlement are put on Joanna

Sep 4 - Defendant is required to obtain a lawyer

Step 5 - Prosecutor provides the proof

Step 6 - trial process where presentation of embezzlement proof is done

Step 7 - sentencing is done in this specific scene but due to the unavailability of clear information in the case we cannot see if he is guilty or not but if he is found guilty for the specific case than their would be a sentencing.

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