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Week 2 Arrest Report Template

An arrest report can vary depending on your locality. Most reports have a form-based section wherein an officer enters information or data. Then, most arrest reports will have a narrative section. The narrative section of the report is where you demonstrate probable cause for making an arrest.

For this assignment, respond to the elements below, which mirror the narrative portion of an arrest report.

Choose two scenarios. Use one to complete Narrative1 below and the other to complete Narrative 2 below.

Narrative 1

For the first scenario you chose, write a 250- to 500-word arrest report narrative. Be sure to address all of the following:

· Identify the suspect’s level of intent (mens rea).

· Identify the causation (i.e., how the suspect’s actions caused harm).

· Explain how you used the intent and causation to form probably cause.

· Although aspects of the scenario itself may resemble how an arrest report narrative may sound, be sure to put the details in your own words.

Write your report here:

We received a report of high schoolers being in a fight and injuries were reported. Everyone questioned all had the same answers so at this time no one seems to be hiding anything. Jake, Scott and Tony all know each other and were in the fight. It started when Scott was taunting Tony and the fight broke out. Jake only was injured because he tried to break up the fight. Tony and Scott each collaborate that as well. the boys were all together waiting for help. It doesn’t seem to be a rivalry or a vicious attack.

Jake had the most serious injuries and was transported to the hospital. Even though jake wasn’t the intended target, Tony was trying to hurt Scott. He knowingly intended to hurt a person. He was swinging wildly trying to cause injuries.

After interviewing all the bystanders and the 3 boys involved, all the stories were the same. I have no reason to believe they are all covering up something different. With all the stories being the same, I have enough probable cause to see this as a fight between acquaintances and someone jumped in at the wrong time trying to do good.

Narrative 2

For the second scenario you chose, write a 250- to 500-word arrest report narrative. Be sure to address all of the following:

· Identify the suspect’s level of intent (mens rea).-

· Identify the causation (i.e., how the suspect’s actions caused harm).
· Explain how you used the intent and causation to form probably cause.
· Although aspects of the scenario itself may resemble how an arrest report narrative may sound, be sure to put the details in your own words.

Write your report here:

I was able to catch suspect Edwin almost right away climbing the fence a few blocks from the crime scene. He admitted to the breaking and entering. He was also under the influence of alcohol. He said he has walked by the house before and decided it would be an easy house to rob because of the elderly man who lived there. He intentionally went and kicked in the door and was then confronted by the homeowner who had a shot gun.

The homeowner was in bed when he heard Edwin at the door. He called 9-1-1 before grabbing his gun and proceeding to head downstairs. He fired one shot into the ground as a warning to Edwin. No one was injured in the firing of the gun.

Edwin admitted to committing the breaking and entering and I have full probable cause to arrest him with the crime especially seeing he fully admitted to doing it. both his and the homeowner’s stories line up also. No one was injured, but the breaking and entering and confession of the intent to rob the homeowner is enough to bring him to jail to be formally charged.

STUDENT REPLIES

STUDENT REPLY #1 Marshelle Owens

I would like to discuss Florida’s “stand your ground law”, and an incident that occurred in 2018. This law gives people the right to shoot someone if they feel threatened or fear for their lives. This incident took place at a convenience store in Clearwater, Florida. The victim was Markeis McGlockton and the suspect was Michael Drejka.

This incident occurred when Brittany Jacobs, parked in a handicapped parking space at the store. The sheriff said in his report that Michael Drejka approached Brittany when her boyfriend and 5-year-old son went into the store. He was arguing with her about parking in the handicapped parking space. The people who witnessed this incident said that Markeis McGlockton came out of the store and pushed Drejka so hard that he fell to the ground. When Drejka fell to the ground, within seconds, he shot McGlockton in the chest in front of his son and later died at the hospital.

The sheriff stated that the relevant issue was that the suspect shot the victim in fear for his life, not knowing what he would do next. In this case, Drejka was not charged for the murder or arrested. This case to me would be one of probable cause. Probable cause was in the Fourth Amendment that is normally cited before the police make an arrest, conduct a search, or get a warrant. In this case, Drejka was not arrested or charged for this murder. His defense was that it was in fear for his life and that is why he shot him. Causation is another term that can be used in this case in the suspect’s defense because he felt he had a reason to shoot him in fear of his life. To this day he has not been charged and the state is looking into changing this law.

References:

Lippman, M. ( 2018 ). Contemporary criminal law: Concepts, cases, and controversies ( 5th ed. ). Thousand Oaks, CA: Sage Publications, Chapter 8, ” Justification “, pp. ( 196-199 )

Vera, A (2018, July 25 ). Florida man could avoid charges in fatal shooting because of ” stand your ground ” law. CNN. retrieved from https://www.cnn.com/2018/07/23/us/florida-stand-your-ground-fatal-shooting/index.html

Lil/Legal Information Institute ( 17 Sept. 2009. ). Probable cause. Retrieved from

https://www.law.cornell.edu/wex/probable_cause

STUDENT REPLY #2

STUDENT REPLY #2 Samuel Nagy

Hello, I think determining guilt or innocence for this individual based on him shooting the burglar in self-defense, was ultimately defensible. And I agree it would be up to the criminal justice professionals to decide the man’s fate, in a court of law. I think there is always room for the human element to persuade the outcome and sentencing decision. And deciding to pull the trigger as the man’s home was being robbed may have been a split-second decision on his part to protect his family from the intruder. I think it is about intent and what the court can prove was intentional or not.

The duty of the Police, if there is probable cause that a crime has been committed, is to provide safety and protection to the community and make an arrest in that case. From the Learning Resources, it was clear that Police also can be allowed a search, seizure or receive a warrant during the interaction, with sufficient probable cause.

Ultimately the Judge in each jurisdiction has the decision to make if the defense is presenting a usable defense for the case or not.

MY REPLY TO THE PROFESSOR AND THE CLASS

Defensible Actions

After a high school fight between three boys, the police are called by a few witnesses of the act. The police need to investigate to determine whether the act committed was a crime or not. They must launch an investigation by collecting reports from the eyewitnesses and the boys. Two boys are there, one lying on his back with blood gushing out of his head and the other one holding his right shoulder. The boy lying on his back seems a little disoriented, almost losing consciousness. The other boy appears to have several contusions on his body. However, the other boy who injured the two is missing from the scene. The police then question the two victims, the suspects, and the eyewitnesses to gather enough details about the incident. The evidence collected is documented in cell phone footage, photographs, audio reports, and notes. Both the victims and the eyewitnesses share their side of the story. However, Jake, the boy lying on the floor, is rushed to the hospital. Coincidentally, they all give a consistent account of the event, all stories coinciding.

From the eyewitness, Tony and Jake’s stories, and the fact that Scott, who had beaten up the others, had run away, the police determined that Scott might have acted criminally. Upon determination that Scott acted criminally, “the prosecution then gathers the evidence the police and/or investigators have collected and presents it to the court” (Lippman, 2018). The court then determines whether the evidence displays actus reus (criminal act) and mens rea (state of mind) and whether the two correspond or match with each other.

“In every public offenses or crime, there must exist a union, or joint operation of act and intent, or criminal negligence” (Reid, 2016). Another factor normally presented in court is the causation and harm to the victim. In some cases, the defense team presents a request to the court, backed up with evidence, to exclude all the pieces of evidence that may have been gathered unlawfully. Such an act is considered a violation of the constitutional rights of the defendant.

“There is a presumption of innocence until proven guilty in a court of law. The prosecutor’s burden is required as a matter of due process of law to establish every element of a crime beyond a reasonable doubt” (Lippman, 2018).

References

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies. (5th ed.). (Ch. 8). (pp. 196-199). Thousand Oaks, CA: Sage Publications.

Reid, S., T. (2016). Criminal law: The essentials. (3rd ed.). (Ch.2). (pp. 35-36). New York, NY: Oxford University Press.

PROFESSOR QUESTION FOR ME TO ANSWER BACK

Hello

Thank you for your response. In addition to making a decision on the presence of the elements of crimes, the prosecutor must also determine if a juvenile will be charged as a youthful offender or an adult. In many violent cases, the prosecutor uses multiple factors. Understanding the aforementioned, in this case do you think the juvenile should have been charged as a juvenile or an adult? Why?