Provide your reasoning for why a plea deal is not appropriate. all questions are for US Law and court processes. 

See both documents attached. Please provide references. Please save as two separate documents, one labeled “Case study 1” and the other labeled “case study 2” 

all questions are for US Law and court processes. 

CASE STUDY FOR PARTS 1 & 2

Brian is a 32-year-old male who lives with a roommate in a two-bedroom house rented from Clark Real Estate. The house is located next door to a daycare for children who range in age from 2 to 5 years old.

Brian works at a video game store at the local shopping mall. His roommate works third shift at a nearby bread factory. During Brian’s off time—he works weekends and has two weekdays off—he volunteers at the daycare. The daycare conducted a background check on Brian before allowing him to volunteer, which he passed due to having no arrest record. Brian, an avid video game player, also spends a great deal of time on his computer playing games and surfing the Internet.

Officer Yoder was recently assigned to the ICAC (Internet Crimes Against Children) Task Force, and when he returns from training, he uses his newly acquired skills to search out and identify individuals involved in the acquisition and dissemination of child pornography.

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Officer Yoder’s investigations lead him to Brian, who has been receiving and sharing thousands of images of children who are being sexually exploited. The images are being shared in multiple states and in several foreign countries.

Officer Yoder obtains a search warrant for Brian’s residence and computer system. The computer is seized, and Brian is detained for questioning. Brian’s roommate is also detained for questioning, although he claims to have no knowledge of Brian’s actions. The roommate does have a prior conviction for a DUI, but he has been following his probation guidelines well in an attempt to get back on track.

See also  Importance of law and ethics on Professional Health Practices.

During Brian’s interview, he confesses to taking nude pictures of the children at the daycare and uploading them to various Internet groups with which he is associated.

PART 1

Your role is the investigator and your audience for the brief is the commanding officer.

Write a 500 word brief that provides the rationale for taking the case in the case study to trial. In your brief, address the following:

· What are the charges?

· What is the reasoning behind the charges?

· Which court(s) can or should be solicited?

· What is the reasoning for choosing that court?

· Note: Most importantly, a plea deal is not an option in this situation.

· Provide your reasoning for why you would not take an alternate path, such as a particular court.

· Provide your reasoning for why a plea deal is not appropriate.

PART 2

Now the audience is your assessor. In 200 words respond to the following critical reflection prompts:

· How can overcharging or horizontal and vertical charging be employed as a strategy for discovering the truth? When is it most appropriate?

· By whom are the strategies best applied?

· At what point does overcharging or horizontal and vertical charging become coercion?

· Is the strategy ethical?

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