Around 2:30 p.m. on the afternoon of September 18, the victim, a prominent citizen in the community, was assaulted and robbed of his wallet by the defendant while walking home from work. He was assaulted, pushed up against his car, and threatened with a knife. Because of the victim’s prominence in the community, this crime generated a great deal of media attention, calling for a quick arrest and conviction of the person or persons who committed the crime, which resulted in heavy pressure being placed on the police to make an arrest. The defendant was apprehended several days later while carrying the victim’s wallet and a knife. The victim subsequently identified the defendant in a lineup. During the preliminary hearing, the defendant was declared indigent and provided with a public defender. Because of the nature of the offense, bail was denied. The defendant, who chose not to take the stand in his own defense during the trial, was convicted on multiple charges connected with the assault and is awaiting sentencing.
• Address the following in 750–1,000 words:
o At what stage in the criminal justice process does double jeopardy attach itself to the proceedings? Why? Explain your answer.
o Do you feel that the jury in this case might be unduly influenced by the defendant not taking the stand in his own defense? Why or why not? Explain your answer.
o What constitutional safeguards, if any, would apply to the defendant not testifying in his own defense?
o What theory of punishment would you apply in this case, and why? Focus on theories of punishment for the defendant rather than the exact number of years to be sentenced.
• Be sure to reference all sources using APA style.
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