Monika Case Study Paper Assignment
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages Description/Paper Instructions
Section A – Compulsory, answer all parts – 2000 words
Monika lives with her brother, James, in a ground floor flat in London. Her brother is unreliable and has sold drugs in the past. Monika has been in a relationship with Derek, who lives next door for a year.
James has lost his job and he is desperate for money to pay his bills. He has started selling drugs for their neighbour, Derek, without Monika knowing. The people he sells drugs to are his friends and one day, whilst Monika is abseiling down the side of a building, he has a party in the flat. James ends up giving his drugs away at the party. The next morning, he realises that he has no drugs to sell and worst of all no money to give to Derek.
After ignoring Derek’s telephone calls, he finally answers the phone and explains to Derek what has happened, hoping that he will give him some extra time to get the money together that he owes. Unfortunately, Derek is in a bad mood and tells James he has until the end of the day, otherwise something horrible will happen. James panics and runs away.
When Monika gets home, she puts her key in the lock and, as she opens the door, someone grabs her from behind and puts a pillow over her head. She is dragged down the hall and out the fire exit where she is put into a van and has her hands and feet tied together. The van is driven off with her in it. It comes to a stop in an alley, and she is kept in the van for what seems like hours when someone finally opens it. As she is lifted out, the pillow falls off her head. Monika sees her kidnapper is actually Derek. She starts screaming and shouting, Derek panics and drops Monika, who falls heavily and breaks her leg. He then runs off.
Monika, in shock and pain, manages to untie her hands and retrieve her mobile phone from her pocket. She dials 999 and, screaming and crying down the phone, tells the police she was kidnapped by her boyfriend, Derek, but he has run off and she is stranded in an alley. When two police officers eventually find Monika sobbing, she tells them that Derek put a pillow over her head and kidnapped her in his van. She says, “Derek did this to me, he is extremely dangerous”. Her statements are recorded on the police officers body-worn cameras. The police recover Derek’s van at the scene and also obtain some CCTV footage from a nearby shop.
Monika is too terrified to come to court and give evidence and re-live the incident. The prosecution wants to adduce her statements as evidence against Derek.
Assuming that Monika’s statements when she dials 999 and to the police officers amount to hearsay, discuss the relevant gateway that the prosecution will rely on to adduce the statements.
You should also discuss the human rights implications that flow from an accused’s inability to cross-examine the witness?
The Mahmood family live in the flat directly above Monika’s. Ahmed aged 5 was playing in his bedroom at the back of the property when he heard a commotion outside the property. He looked outside through the large window in his room and saw immediately below him a man he recognised as his neighbour Derek dragging someone into the back of his van, which was parked in the back yard with its doors open. He saw that the person who was being dragged along the floor, had their hands and feet tied together and a pillowcase over their head so he could not see their face, but he recognised Monika’s distinctive purple coat, which she always wore.
Ahmed likes Monika as she sometimes looks after him when his parents go out, but he does not like Derek who shouts at him for leaving his toys out in the communal area of their flats. He told his older brother Tariq aged 12 what he had seen and told him that they should call the police as Derek was hurting Monika. Tariq was busy playing Fortnite so told his brother to stop making stuff up and did not look out of the window to check what his brother had told him. Tariq thought no more about it until a police officer knocked on their door later that night asking if they had seen anything, then he realised that his brother may have been telling the truth and told the police and their parents what Ahmed had seen earlier.
Discuss the issues which arise when dealing with child witnesses and detail what special measures may be appropriate to allow them to give their best evidence in this case.
Also Consider whether or not 5 year old Ahmed or 12 year old Tariq would be suitable witnesses in this case. Detail what type of evidence each of the brothers could give and whether there are any particular evidential issues, which would arise in relation to their evidence – for example, is their evidence direct or circumstantial? Are there any further potential issues regarding hearsay? Is the identification evidence in this case reliable?
Section B – Answer the following – 2000 words
- The Criminal Justice Act 2003 creates a new level of inconsistency in the admission of evidence in criminal trials. Defence rights have been eroded, at a time when human rights protections should be in the ascendancy.
Critically discuss with reference to evidential rules governing bad character evidence.
RUBRIC
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
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