Criminal Case Defense Analysis.docx

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Running head: CRIMINAL DEFENSE CASE ANALYSIS 1 Criminal Defense Case Analysis Nicole Mitchell CJA/305 June 17, 2019 Jonathon Kingsbury
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CRIMINAL DEFENSE CASE ANALYSIS 2 Criminal Defense Case Analysis People v. Masalmani (2016) Sent from Lebanon to live in the United States as a child, Ihab Maslamani was subjected to abuse and neglect by relatives and in result, became the product of a terrible family and home environment. Ihab was placed in at least 10 different foster homes and was eventually diagnosed with ADHD, depression, and pediatric seizures. Unable to form attachments with parental figures, he became more oriented towards running the streets and becoming involved in gangs. One Summer day in 2009, Maslamani and his friend and co-Maslamani, Robert Taylor, engaged in a usually horrific, disturbing, and violent crime spree that extended over a three-day period. Background. Masalmani was 17 years and 8 months old when he committed the offenses. This was not a mere botched robbery that turned into a killing. Masalmani engaged in an unusually horrific, disturbing, and violent crime spree that extended over a three-day period. Masalmani, aided by co-Maslamani Robert Taylor, brazenly and forcibly kidnapped and carjacked Matt Landry in broad daylight outside a restaurant, punched and dragged him by the neck, drove his car, held him captive for at least seven hours, used his ATM card to steal his money and buy numerous items. Landry was taken to a drug house where Masalmani bought and consumed crack cocaine. Afterwards, Masalmani took Landry to a nearby vacant house where he killed him in a brutal execution style by shooting him in the back of the head. Masalmani then committed additional violent crimes over the
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CRIMINAL DEFENSE CASE ANALYSIS 3 next two days, including robbing a bank and its customers, kidnapping a bank customer, and another carjacking. Landry's significantly decomposed body was found two days later inside the vacant burned out house where he had been shot in the back of the head. From the position of the body, it appeared that Landry had been kneeling at the time of his murder (People v. Masalmani, 2016). Nature of the Case and Type of Defense. The defense utilized the affirmative defense, an answer to a criminal charge in which a Maslamani takes the offensive and responds to the allegations with his or her own assertions based on legal principles. Affirmative defenses must be raised and supported by the Maslamani independently of any claims made by the prosecutor. Affirmative defenses include justifications and excuses. The type of legal defense that was used in this case were excuses, a type of legal defense in which the Maslamani claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law. Dr. Daniel P. Keating, testimony that the prefrontal cortex is not fully developed until a person reaches his or her middle twenties fails to consider that an offender who is
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  • Fall '19
  • criminal law, Foster care, Maslamani

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