Scenario Analysis. (Research Paper Sample)

Scenario Analysis (Student's Name) (Professor's Name) (Course) (Date of Submission) Scenario Analysis of a case of a Bank Robbery involving Jed, Jane and Herman This Analysis involves a bank robbery committed by three people namely Jed, Jane, and Herman. The three entered a bank that is based in Washington, D.C and took $65,000. In the robbery, Jed and Herman used shotguns though they did not harm anyone in the incidence. Another crime that the three did was over speeding while they were escaping to Canada. Fortunately, they were all arrested, but the police only recovered $25,000 of the stolen money. While in the court, their attorneys want a continuance, a plea that is objected vehemently by the case prosecutor. This paper will analyze this case based on several elements of judicial systems and judicial administration. Judicial Systems: Sentencing Guidelines By Jed and Jane entering a local bank and taking $65,000 they committed an offense of armed bank robbery. By committing this crime, they violated 18 U.S.C. § 2113- Bank robbery and incident crimes. For this reason, they are liable to a fine or an imprisonment of not more than twenty years for the crime or both fine and the imprisonment term. 18 U.S.C. § 2113 says that anybody who uses, force and violation, or intimidation to take, or to attempts to take any property or money or any other valuable thing that belongs to or in the care, control, custody, management, or possession of a bank, credit union, or any loan or savings associations shall be fined or imprisoned for a term not exceeding twenty years, or both. From the case, it has been indicated that when Jed and Jane entered a bank, they took $65,000 which falls in the limit that 18 U.S.C. § 2113 (b) talks of. According to 18 U.S.C. § 2113 (b), anyone who takes any property or money exceeding $1,000 that belongs or in custody, care, control, management, or possession of a bank, savings and loan association, or any credit union shall receive a fine or an imprisonment that does not exceed ten years or both. Though the amount that the police recovered was $25,000, it still exceeds the value that 18 U.S.C. § 2113 (b) stipulates. This means that if the three are found guilty of taking the money from the bank, they can face the stipulated penalties. When they were robbing the bank, both Jed and Herman used shotguns. According to 18 U.S.C. § 2113 (d), anyone who commits a bank robbery and assaults any person or jeopardizes the life of any person by use of dangerous weapon shall receive a fine or a prison sentence that does not exceed twenty-five years or both. The maximum fine that the three persons can get if they are found guilty of robbing the bank the stated amount is $250,000. However, for them to receive the stated penalties, the bank that they took the money from must be federally insured. From the case, it has been indicated that Jed was already a convicted felon when he committed a bank robbery crime. Also, besides robbing, the three got committed the crime of over speeding. Jed also was a convicted felon, meaning that he had a prior criminal record. The extra charges can be added to the case using offense level calculations. Judicial Systems: Functionality There are two kinds of courts in the U.S, federal courts and state courts. The states establish State courts. Within the states, there exist local courts that are established by cities, counties, and municipalities. On the other hand, federal courts are established by following the U.S Constitution. These courts are established to resolve disputes that arise out of laws that the Congress pass and the Constitution. In the case study, Jed, Herman, and Jane committed the crime of bank robbery and over speeding. Over speeding cases fall in the jurisdictions of the state courts. This indicates that the three persons are should face their trials in the state courts. The other cases that can be tried in the state courts are family disputes and broken contracts. Contrariwise, the federal courts deal with cases where the U.S government is involved and the cases that involve violations of the U.S Constitution and other federal laws. Other cases that are tried in the federal laws are cases that involves citizens of different countries with disputes that exceeds $75,000 in amount, bankruptcy cases, copyright, maritime law cases, and patent cases. Since bank robbery can involve stealing of money that is insured by the federal agency, cases that involve this type of crimes are tried in the federal courts as well. This means that the case involving Jed, Herman, and Jane for bank robbery should be tried in the federal court. Judicial Administration: Description of the Litigation Process The case of the bank robbery that Jed, Herman, and Jane were involved is a civil case. The process of litigation in a civil case starts by filing "pleadings." These are documents that explain each party that is involved in the dispute. The litigation process begins by the plaintiff/complainant filing what the defendant did. He does so in the court. The second step in the litigation process is giving the defendant time to answer the claims of the complainant. The third step is the discovery process that involves interrogating. Interrogations are done by both parties that are involved in the case ask for material information from each other, and from the third parties so that they can support the case. Seeking advice from the expert witnesses is the fourth step, and it involves and it involves both the claim and defendant seeks the opinions of these witnesses so that technical information can be explained and their argument validated. The fifth step is moving motions where both parties may ask the court to make certain ruling such as defendant asking the court to dismiss some of the plaintiff's evidence. The fifth step involves setting up timings and schedules for the case such as the trial dates. The sixth step is the trial which only begins after each party in the case provides the judge with a "brief." A "brief" contains all arguments and evidence that will be used in the trial. The plaintiffs normally present their evidence before the defendants do. The seventh step is the post-verdict where the parties involved in the case are free to challenge the verdict that the jury made. The eighth step is the ordering the losing party to pay the cost and fees incurred in the case. The final step is the appeal where the dissatisfied party moves to an upper court to ask for the review of judgments made. Judicial Administration: Statute of Limitations The statute of Limitation is...