Reference no: EM133942269

Scenario

You accepted an internship with the Clancy private investigation agency. Your internship role will consist of working with your assigned private investigator, Jack Ryan. The agency has been hired by XYZ criminal defense law firm to gather information to help their new client, Red October, who has been charged with murder. You have been tasked with conducting research and evaluating information, gathered by Jack Ryan, based on what you learn from the facts of the case. Your valuable input and the final report you provide to Jack Ryan will assist with the defense of Red October.

Basic facts of the case:

Two young adult males entered the residence of Red October at approximately 4am with the intent to steal Red's known antique weapons collection. Red shot and killed one of the intruders. Red called the police and was subsequently arrested for murder. The second intruder was later found and arrested for attempted burglary. According to the surviving intruder, they were surprised to learn that Red was home because they did not see his vehicle in the driveway.

1. Define the term "Affirmative Defense" and provide the elements required for the prosecution to prove 2nd degree murder according to the New York State law.

2. State your opinion on whether the elements have been met and areas where Jack Ryan might investigate further.

3. Explain to Jack Ryan the difference between Justifications and Excuses as defenses.

4. Suggest what you feel will perhaps be the best defense and include a real-life case example and synopsis where this type of defense was used successfully.

5. Jack Ryan would like you to end the report with a hypothetical ethical scenario involving exculpatory evidence. Here you will create an ethical scenario where the prosecution intentionally holds a piece of evidence which may have been beneficial to the defense of Red October.