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Description :the state I live in is Illinois
Students will present a recorded closing argument from either a prosecution role based upon the fact pattern provide below. Prosecution should match conduct to a crime. Anticipate the arguments the other side will make and be prepared to address them in their own arguments.
Closing argument should be more than 5 minutes but no more than 15 minutes in length.
Model Penal Code Online: https://archive.org/details/ModelPenalCode_ALI Links to an external site.
Students will learn how to present an oral argument and persuasively use both facts and law to make their case.
Fact pattern describing case:
This is a murder prosecution. The defense is self-defense. The defendant, Marsha Jones, and the victim, Elmer Jones, were married and living in a one-bedroom apartment in a two flat building. Both were 30 years old, had been married for 8 years, and had no children. Elmer Jones was employed as a guard at the county jail; Marsha Jones worked as a part-time secretary.
Testifying at trial, Marsha Jones stated that on the day of the shooting, 6 months ago today, she was in the living room of the apartment watching television when her husband came home about 11 pm. He had been drinking and promptly got into an argument with her. He was yelling that the house was a mess and that as usual, she had not done a thing about it. She stated that she tried to calm him down, but he just got worse, started threatening her, and then began punching her in the stomach. She tried to protect herself but couldn’t. In desperation, she ran into the bedroom where she knew her husband kept his revolver that he used for work at the jail. She then returned to the living room and told her husband to leave her alone. She testified that her husband laughed, told her she wouldn’t use the gun, and suddenly lunged at her. She then pulled the trigger of the gun twice. Her husband then fell down in the living room.
Immediately after the shooting she called the police. When the police arrived, she told them what had happened. The police did not notice any bruises on her body.
Marsha Jones also testified that her husband often came home drunk and often threatened and beat her. She also said that her husband was about 6’2” tall and weighed about 210 lbs. She is 5’4” tall and weighs 120 lbs.
On cross examination, the defendant admitted she had not told the police of the earlier threats and beatings and admitted she had never called the police about them or told anyone. She said Elmer had threatened to kill her if she told anyone. She said there was a telephone in the living room and the bedroom, but she never called anyone. Ballistics evidence showed that the victim was shot from over 3 feet away and that his body had two bullet entry wounds. The first bullet entered his body in the chest at the left nipple and exited his back at the same level as the entry wound. The second bullet entered his body at the left rib cage just below the armpit and exited the body below the right armpit. The expert was unable to determine which shot had been fired first.
The autopsy report also disclosed that the victim’s blood contained alcohol in an amount slightly in excess of the state’s presumption of intoxication level.
Use law contained in the Model Penal Code to argue why the defendant should or should not be convicted of murder. You may use the reading to assist you in forming arguments but must only use facts contained in the fact pattern above or reasonable inferences that can be made from it.