Reference no: EM13772258

On June 7th, 2012, local joggers discovered the first body along the Arkansas Valley River Walk. On June 16th and 24th, 2012, two more murders would take place. All three victims were male, and they all died as a result of gunshot wounds from close range.
The police were swamped with calls from frightened residents. In total, over 400 calls were received regarding the case. The Arkansas Valley River Walk is a popular area for running and walking along the Arkansas River. The small community was gripped by fear, and the police were under a lot of pressure to solve the case.

Every lead was followed up on, resulting in many dead ends. However, two witnesses stepped forward with information that led police to the eventual capture of the defendant, Amy Smith. A later interview with the defendant's roommate also uncovered more information.

Witness #1: The first witness, an ex-boyfriend of the defendant, contacted police in July. His statement included the following.

· Earlier in the year, he and Amy had gone on a few dates. He decided it was not working between them and broke it off.

· Amy started to stalk him at that time, but he did not feel her actions rose to the point of police notification. However, he was concerned about her mental state and contacted her roommate, asking that she keep an eye on Amy.

· Amy told him that she had a .45 caliber weapon. This information was not shared with the public, and it was the same caliber as the gun used in the killings.

· Once the descriptions of the victims were released, he quickly realized that he fit the same profile as the deceased.

· He and Amy met while running along the river walk.

2. Witness #2: At the end of July, a second witness, a runner who regularly ran along the Arkansas Valley River Walk, came forward. Her statement included the following.

· The runner witnessed a female (later identified as Amy Smith) run from the river walk to her car, place something under the seat, and drive from the lot in a hurry.

· The runner frequently saw the female jogging along the trail; therefore, she did not think to report it earlier. Also, she did not know the female jogger's name.

3. Witness #3: An interview with the roommate uncovered the following.

· Amy had been acting very strange, including angry outbursts and statements regarding making her ex "pay."

· Amy has a history of depression and other possible mental health issues. Her moods would swing between highs and lows. She had become very withdrawn and spent most of her time in her room when home.

Officers obtained a search warrant and searched the home of Amy Smith. During the search, officers found a weapon and a journal describing some of the events surrounding the crimes. The writing in the journal was erratic and confusing. The journal provided information that placed the defendant at the Arkansas Valley River Walk during the mornings of each of the murders. The journal also confirmed that Amy possessed a weapon at the time of the murders and contained statements that she wanted to see her ex suffer for breaking up with her.

Based on the witness interviews and the evidence found at the house, Amy Smith was arrested for the murders along the Arkansas Valley River Walk. Soon after the defendant's arrest, she was brought to the courtroom to face trial.

Key Players

Dan Harris; Prosecuting Attorney

Courtney Roberts, Defense Attorney

Sandra Goodman; Judge

Your Role and Assignment

Part 1: Role of the Prosecutor, Dan Harris

The role of the prosecutor is to represent the state.

Before trial, a defendant must be formally accused based on a determination of probable cause. As the prosecutor in this You Decide, you have the option of formally charging the defendant through either an information or grand jury proceeding. Using your assigned reading material, explain each option and which you would choose. Your response should be approximately one to two paragraphs in length.

Based on the facts of the case and using one of the resources found in the Webliography (see Weeks 2 and 6 in the Webliography), what crime(s) would you, as the prosecutor, charge the defendant with? Provide the elements to at least one crime that you believe you can prove in court, based on the facts of the case. In addition to the elements of the crime, discuss how the facts of the case would support each element. Your response should be approximately two to three paragraphs in length.

Part 2: Role of the Defense Attorney, Courtney Roberts

The role of a defense attorney is to ensure that a defendant's rights are upheld.

Using your assigned reading and/or the DeVry University Library, as the defense attorney in this You Decide, what defense(s) might you consider raising if the case goes to trial? What facts from the case might support your defense? Your response should be approximately one to two paragraphs in length.

Part 3: Role of the Judge, Sandra Goodman

The role of the judge is to oversee the trial.

A defendant may opt for either a bench or a jury trial. Using your assigned reading and/or the DeVry University Library, discuss the two formats and explain the role the judge will serve in each circumstance. Your response should be approximately two to three paragraphs in length.

In this You Decide assignment, you will do the following.

1. Read the facts of the case.

2. Imagine being in the role of each of the three courtroom players: the prosecutor, the defense attorney, and the judge.

3. Prepare your response to this You Decide by answering the questions beneath each of the roles.

4. When preparing your response, please use the facts of the case and at least two of the following resources:

the assigned reading,
the DeVry University Library,
and the state criminal code resources.