Criminal Justice Case Study Answers

Words: 698
Pages: 3

1. Conclusion

The Conclusion should summarize your argument, and it should not present any new ideas, law, or facts. Be consistent with your Brief Answer. Make the Conclusion concise and decisive, even if your reader might ultimately disagree. If it is useful to the reader, the author might note possible areas of further research or action that were discovered during the analysis, but that were beyond the scope of the assignment.
CONCLUSION

Although the death occurred during Ott’s escape after committing a robbery, he did not kill the toll collector. Because Ott lacked the required malice, he is not guilty of first-degree felony murder under section 189 of the California Penal Code.
A. Annotated Sample Memorandum

The memo below provides an example of office memo format and organization. Use the memo format that your teacher, or supervising attorney prefers.
MEMORANDUM

CONFIDENTIAL
Attorney Work
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The clothing design affixes American flags to the garments and then slashes and stitches through them. Several patriotic groups have promised to protest the display.
Questions Presented
1. Could our client, Designing Women, be prosecuted under federal law for publicly displaying clothing with slashed American flags affixed to it?
2. Could our client be prosecuted under state law for the same act?
Brief Answers
1. No. Our client could not be prosecuted under federal law. Although 18 U.S.C. section 700 imposes criminal penalties for mutilating or defacing the American flag, the U.S. Supreme Court decided in 1990 that the statute is overbroad and therefore unenforceable.
2. No. Our client could not be prosecuted under state law, even though California criminalizes flag desecration in section 614 of the Military & Veterans Code, because this statute was declared unconstitutional.
Discussion
I. Successful Prosecution For Flag Desecration Is Unlikely Under Federal