Objective: Examine the prosecution of criminal law. No more then one page

It is important to know how the courts prosecute criminal law. As you consider the following case study you will examine how the court system should deal with heinous crimes and young victims.

• Read the below referenced case study and prepare to discuss the questions that follow.

Consider the following scenario: A six-year-old girl is raped by her stepfather. This occurs while the stepmother is witnessing the entire event and rubbing the child’s cheek indicating it will be ok in the end. The child is crying throughout the entire ordeal. The evidence indicates that the child was raped by the stepfather with a penis and also with a glass pop bottle. The Prosecution files charges of rape against the stepfather and the mother. Evidence included gruesome photos, forensic exam of the victim, a recorded statement by the mother, and statements from the victim.

• Is there a particular way these types of cases should be handled by the parties within the court system?
• Consider the role of the defense attorney here. What kinds of ethical questions may arise and what is the attorney’s duty?
• As a prosecutor, what is the best way to handle a case of this nature?
• Defendants have a right to confront their accusers, so we really need to put child victims on the stand in most cases. Why does the law force this? Should there be an exception for child victims? How can a victim’s advocate aid in a situation like this?
• What should a judge consider when sentencing this type of individual?
• Should age of the victim really be considered in the sentencing portion of the case?