Defense Attorney’s Arguments

A suspect is captured at a shopping center’s parking lot wearing a ski mask and matching the general description of the rapist given in the primary scenario. He now awaits trial on 6 counts of rape.* His defense attorney is arguing that his client (who is considered mentally challenged) is too intellectually deficient to be the culprit. The defense attorney argues that the absence of DNA, fingerprints, and other evidence shows that a much more intelligent perpetrator must have committed these crimes.

Instructions

1. Given your role as chief investigator for this case, answer the following questions in a PowerPoint presentation (4–6 slides with speaker notes) that you will deliver to the court in response to the defense attorney’s arguments:
a. What facts do you try to establish to link the offender to these crimes?
b. What evidence do you have linking the offender to the crimes?
c. What testimonies do you have linking the offender to the crimes?

2. Please note that the suspect will not confess to these crimes.

*Please note: The criminal statutes that address rape or sexual assault often vary according to jurisdiction. These statutes may use different terms for the offense, such as ‘rape’ or ‘sexual assault’ and may even include different acts in their definitions of the crime than other jurisdictions. Please assume that this scenario takes place in a jurisdiction (such as Illinois, Nevada, or South Dakota, among others) in which the acts of the serial rapist could properly be charged as rape or sexual assault.
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