This case study is based on rape accusations against three men, Jones, Walsh, and Bert. Not all defendants were involved in this illegal action, which requires them to file motions. These motions will allow Bert and Wallace to dismiss the case or ask the judge to review their offense separate from the rape case. This paper will analyze the case study and discuss legal terms such as a motion for severance, a motion to dismiss, and a motion to continue.
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This case study is about a trial on rape accusations. However, Bert argues that he did not participate in the rape and only hit one of the victims. Hence, he may file a motion for severance and ask the court to review his case and accusation separately from rape accusations. Motion for severance allows to separate the cases and hold various trials for each (“Rule 14,” n.d.). After the court receives Bert’s motions for severance, they should grant this motion and review the case of him hitting a woman.
Following Blant’s statement that Walsh was not present during the rapes, the court should file a motion to dismiss because there are no legal grounds to justify the continuation of prosecution. Motion to dismiss is filed to ask the court to dismiss a case. According to Cornell Law School (n.d.), in the United States, 97% of cases are closed due to a motion to dismiss, mainly due to a settlement agreement between the parties. The dismissal without a settlement is made under FRCP Rule 12, for example, due to a failure to state a claim (Cornell Law School, n.d.). In Blant’s case, he should not be charged because he did not commit a crime.
In the case of Bert, he should file the motion to continue since he claims that he was not present at the locations where rapes occurred, but his witness is currently on a mountain hike. Motion to continue is a request filed to ask the court for an extension of the deadline (Cornell Law, n.d.). If granted, the hearing of the case should be rescheduled for another date. If given, Bert will be able to prove that he has an alibi for this case. In this case, the court should rule to reschedule the hearing and wait until Mook returns to hear the witness’s claims.
These three motions exist to help defendants in complex cases similar to this one, either ask the court to dismiss the charges as they are innocent or reschedule the hearing if their witnesses cannot attend. In essence, this helps the defendant prove that they are innocent and defend themselves. The participants of the trial are the three defendants, their attorneys, witnesses, prosecutors, and the court jury. Each party participating in a court hearing has its role. For example, the defendants should provide their version of events. The prosecutors collect evidence and present them to the court to prove that the defendants are guilty. The attorney’s job is to use their knowledge and expertise to help their client form the defense. To summarize, this case study is an example of how different emotions can be filed in a single case.
Cornell Law. (n.d.). Motion to dismiss. Web.
This reference is credible because it is a website of a law school, an education facility that focuses on law studies, and the materials there are posted to help students.
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Rule 14: Severance of offenses and defendants. (n.d.). Web.
This reference is dependable because the link is for a governmental organization. It includes “gov.” The website itself is a representation of a Tennessee state court.