The following is a criminal prosecution case involving Michelle Carter and Conrad Roy III. They happened to be in an affair which later led to Conrad’s death. Carter was accused of initiating the suicide of her boyfriend over phone calls and texts. On July 13, 2014, Conrad’s body was found lying in his pickup truck in a parking lot where, the night before, he had filled the cab with deadly carbon monoxide as reported by the authorities. Below is a proceeding of how the case was handled by the authorities. (Walton, 2015)
1. What is the burden of proof?
Is a duty placed upon the plaintiff or the defendant to prove or disprove a disputed fact? In criminal cases, the burden of proof is placed on the prosecution who must demonstrate that the defendant is guilty beyond a reasonable doubt before he or she is convicted by the jury. In some jurisdiction, the defendant is given a burden to defend himself by establishing some existing facts.
2.Give a brief explanation of Prima Facie Case?
The term prima facie is a Latin word to mean “the case at first sight.” Therefore, prima facie is a strategy of evaluating a case at its initial stage to determine if there are existing facts to bring it to trial. Usually, a party with the burden of proof presents a prima facie case, when they give enough evidence to support a verdict in the party’s favor, assuming the opposing party does not disapprove it. Presenting a prima facie case successfully does not mean that a party wins instead; the opposing party has the opportunity to offer evidence that contradicts the other party’s prima facie.
3. Give a brief explanation of the applicable code the prosecution was brought under.
The prosecution entails of one party being accused of manslaughter after convincing her boyfriend to kill himself. It was testified clearly after the police troopers got hold of bulk evidence inform of cell phone call and text records from both party’s phones. Later, this case was brought to court for trial and eventually a verdict was passed on. Although, one month before his death he was caught speaking into a camera about his mental health, admitting he has had suicidal thoughts.
4.Give a brief explanation why the Carter trial was so pivotal to the prosecution of crimes in the United States.
Carter trial was so critical to the prosecution of crimes in the United States, in that it proved that there is no association between violence and mental illness. Research says that people living with mental illness are not violent and only 3 to 5 percent violent acts can be attributed to individuals living with a serious mental illness. People with serious mental illness are over ten times more likely to be victims of violent crime than the general population, Conrad’s death serves as a tragic example of this.
Also, having the support of friends, professionals and family is very essential when battling mental illness. This trial was a devastating example of what happens when two individuals rely significantly on one-another regarding recovery. Therefore, Carter was not qualified to give Conrad advice.
II.OPENING STATEMENTS.
1.Which attorney general was most persuasive.
Attorney Joseph Cataldo
2.WHICH ATTORNEY GAVE THE JURY THE MOST FACTS TO CONSIDER.
Attorney Katie Rayburn
III. Establishing/challenging a prima facie case of murder.
1.Name one witness who helped establish a prima facie case of homicide for the prosecution or challenged a prima facie case for the defense and explains why he/she helped or hurt the prosecution of the case.
Attorney Maryclare Flynn helped establish a prima facie case of homicide for the prosecution by giving evidence of the phone calls and texts recorded, that was enough evidence to win the case. Therefore, the ruling was made according to her favor; this helped the prosecution of the case since justice had to prevail after the judge passed on the verdict.
IV EVIDENCE.
1.what other evidence (than testimony) was significant in establishing or challenging a prima facie case of murder?
The cell phone calls and texts recordings were another significant evidence that helped in establishing prima facie in this case of murder.
V CLOSING ARGUMENT.
1. Describe why one was more persuasive than the other and how the jury would have been persuaded one way or the other based on the closing statements.
Attorney Joseph Catalano tried to persuade the Judge Lawrence that what they were dealing with was a suicide but no a homicide, he went further saying that Conrad caused his death by his physical actions and he dragged Carter into this. Joseph also said that Nobody was present during Conrad’s death hence his death was his own choices.
While Attorney Katie Rayburn started her argument by quoting texts from Carter to her friend Samantha Boardman, in which she said Roy’s death “is my fault,” that she could have told him and that she “f…..told him to get back in” his truck. Rayburn also said that Carter triggered Conrad’s death just to gain sympathy and to rekindle friendships that had faded.
Therefore, in this case, Katie Rayburn sounded more persuasive, she gave more than enough evidence. Hence it is a clear indication that the jury passed on the verdict in his favor. (Sweeney, 2017).
.
VI OUTSIDE FACTORS
1.Are there any other outside factors other than those listed in the book that affected this case? (e.g., the media, society)
Yes, for instance, the media was a great factor that contributed towards the solution of this case. Were it not for the media; the case would have been dissolved due to some factors like corruption especially from the defendant’s side. How the media broadcasted all the court proceedings meant that every action was to be handled with a lot of seriousness and the verdict given was a deserved one.
2. Why do you think this is such a divisive case in the United States?
This case is divisive in the United States since it has created division among people and even families. Conrad’s family were the most affected since they lost their son through Love affairs. It is known that never a day that Carter’s and Conrad’s family will ever get along due to the great misunderstandings caused by the death Conrad. In the United States, any case that involves families is usually perceived as a divisive case, and once families are divided, then it is not an exemption that the whole nation can fall in the same boat.
VII CONCLUDING THOUGHTS.
1. As a budding criminal justice scholar, discuss briefly why this case is important to the study of criminal justice and criminal prosecution and how reading primary documentation about it has changed your perspective on the case.
This case is significant in the study of criminal justice and criminal prosecution since the scholar can understand and identify the right way to serve justice. Nevertheless, this case gives a criminal justice scholar the insight to interpret and practice the United States law in any other case that one will handle in future.
However, as a criminal justice scholar, reading primary documentation about prosecutions has changed my perspective in this case that it is not to be taken lightly as one may think. People may say that it was Conrad’s fault to take his own life but digging deeper we will find out that Carter is the one behind her boyfriend’s death; therefore this case needs to be handled with much seriousness.
Reference
Knopf, A. (2017). Suicide‐texting verdict and protecting your child. The Brown University Child and Adolescent Behavior Letter, 33(S8), 1-2.
Walton, D. (2015). Presumption, burden of proof and lack of evidence. L'Analisi Linguistica e Letteraria 2008-1, 16, 49-71.
Sweeney, S. (2017). Deadly speech: encouraging suicide and problematic prosecutions. Case Western Reserve Law Review, 67(3), 941.
