Friday, March 30, 2012
Peterman/Defense-repost of assign. part 1
Ladies and Gentleman of the jury, the case that was brought to my attention as a Defense Attorney was about a forty-five year old man named Steven Peterman. Mr. Peterman has been charged with Attempted rape of a child and he could possibly face some serious time in prison if he is convicted of this terrible crime. As Mr. Peterman's lawyer, it is my sworn duty to defend him to the baest of my ability to prove that he has been improperly charged with Attempted rape of a child and he is innocent of this crime. When I began to defend Steven Peterman, I have read the reports of how the police had obtained information about Mr. Peterman allegedly being involved in some kind of pornography ring. According to the police reports, a female acquaintance of Mr. Peterman had enough information to prove that my client has been involved in this alleged child pornography ring for some time and she would assist the police officers in a attempt to create a ten year old girl in order to set him up and have him arrested. It is unclear of how long this female acquaintance, whose name will not be mentioned in order to protect her identity, has had this information and it is also unclear if what she has told the police officers are true or just false accusations to defame my client's character. Based on what she has told the police, they created a ten year old girl and she would pretend to know the child so she could set up a meeting with my client. While she pretends to know this made up child she would allow Mr. Peterman to go to her residence along with additional instructions in order to meet this young girl. According to the two basic concepts of actus reus and mens rea, it has something to do with a person committing the act of wrongdoing, the conduct of the persons behavior when they are committing a crime, a person having a guilty mind or criminal mind, etc. It is further said that both actus reus and mens rea have to be present when a person does something wrong, not one or the other. When a crime has occurred, the individual involved may not be in their right state of mind and may not realize what has happened until it is explained to them by their lawyer or by a medical professional. In order for the punishment to fit the crime, it has to be relevant to the actual crime that has been committed and what was going on in the persons mind when it happened. As a Defense Attorney I have to ask these type of questions such as what was the person thinking about when he or she was in that vulnerable mental state at that particular event and was it the right thing to do at that particular moment. Even though Mr. Peterman has been charged with Attempted rape of a child, I do not believe that my client is guilty of this crime. I will do everything I can to prove his innocence. The crime that my client has been falsely accused of Attempted rape of a child. In order to charge someone with the "attempt" to commit a crime, they would have the intention to do something wrong to someone else so they can get what they want without any regard to the other person. There are various crimes that has something to do with that word, "attempt" such as attempted murder when you try to kill someone, but the person is still alive, attempted robbery when a person tries to rob another person, but that person is caught by the police and charged with that particular crime, and attempted rape occurs when a man tries to have sex with a woman against her will and manages to get away to tell the cops what has happened to her and she goes through the process of being checked out at the hospital, identifying the suspect, etc. I am not saying that I do not believe that those are serious charges and it can make the victim feel traumatized for a long time and would require them to get professional help to deal with what happened to them. But what I am saying is that my client, Steven Peterman is not guilty of Attempted rape of a child. The reasons why I do not believe that Mr. Peterman is guilty of this crime because he did not have sexual relations with someone under the legal age of consent (18) and it is unclear if what this female acquaintance said was true in the first place. If what this woman said to the police was true, where did she get this type of information from? Was this information given to her by someone she knew? The truth is that no one really knows for sure. Finally, I would like to say to the members of the jury once again that Steven Peterman is guilty of the crime of attempted rape because it has already been proven that the child did not exist when he was arrested at the woman's residence. There is also no DNA evidence indicating that the child was sexually assaulted and he was completely unaware of what was going on when his acquaintance claimed to know the child, who was created by the police officers during their investigation to trap my client at her residence. The jury should also consider if what the woman claimed to be facts and had a motive to defame my client's character. My client is innocent of this serious charge and he would like to go back as a free man and live his life in peace, thank you for listening to my arguments.
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Jessica, sorry that you did not have any commentators to rebut your defense. You make a good point that not substantial act has been committed. (At the bottom of your argument you forgot the not unimportant word “not” before “guilty” in one sentence – I’m sure that is a mistake). Of course by pointing out the absence of DNA evidence you raise another problem, namely the question what exactly constitutes “attempted rape” as opposed to “rape;” when the DNA is present, isn’t it already rape?
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