For purposes of this essay option, Write a formal essay paper addressing the specific questions presentedfor discussion therein, showing that you have researched the required assignments and studied them,including the following case: People v. Anderson, 70 Cal.2d 15 (1968).pdf. In that matter the CaliforniaSupreme Court reviewed a first-degree murder conviction and death sentence of a defendant who had killed aten-year old girl, the daughter of a Mrs. Hammond with whom he had been living for about eight months.This appeal reviewed the trial court’s second conviction and death sentence upon retrial after the sameCalifornia Supreme Court reversed the earlier conviction because it had been predicated upon a jury findingthat the murder was committed in the course of the commission of raping the victim, an enumerated felonyunder the legislatively defined felony murder rule. The evidence that the defendant had, at the time of killingthe girl, the specific intent to commit rape, was obtained by police as a result of denying the defendant arequested attorney, and therefore had been erroneously admitted on the trial in violation of the interveningU.S. Supreme Court decision in Escobedo v. Illinois (1964). Consider in your essay whether the defendant’ssecond murder conviction and death sentence might have been upheld, had the interrogating officers thatinterviewed the defendant at the police station after his arrest not violated the defendant’s right to counsel, butobtained incriminating testimony in a manner not offending the defendant’s constitutional rights. Be sure tosee https://scocal.stanford.edu/opinion/people-v-anderson-24435 [read in particular the transcript quoted infootnote 4 (fn. 4, infra) — FN 4. The record discloses the following colloquy between defendant and theinterrogating police officers, prior to the time defendant gave his incriminating admissions: …]In preparing your essay, YOU MUST APPLY the California Supreme Court’s rule distinguishing firstdegree from lesser degrees of murder, as announced on page four of our reading assignment (People v.Anderson, 70 Cal.2d 15 (1968).pdf), which was the defendant’s second appeal before the California SupremeCourt. On page four of the opinion (in my Adobe version of the text), the Court stated: “The type of evidencewhich this court has found sufficient to sustain a finding of premeditation and deliberation falls into threebasic categories: (1) facts about how and what defendant did prior to the actual killing which show that thedefendant was engaged in activity directed toward, and explicable as intended to result in, the killing–whatmay [cite] be characterized as ‘planning’ activity; (2) facts about the defendant’s prior relationship and/orconduct with the victim from which the jury could reasonably infer a ‘motive’ to kill the victim, whichinference of motive, together with facts of type (1) or (3), would in turn support an inference that the killingwas the result of ‘a pre-existing reflection’ and ‘careful thought and weighing of considerations’ rather than‘mere unconsidered or rash impulse hastily executed’ (cite); (3) facts about the nature of the killing from whichthe jury could infer that the manner of killing was so particular and exacting that the defendant must haveintentionally killed according to a ‘preconceived design’ to take his victim’s life in a particular way for a‘reason’ which the jury can reasonably infer from facts of type (1) or (2). Analysis of the cases will show thatthis court sustains verdicts of first-degree murder typically when there is evidence of all three types andotherwise requires at least extremely strong evidence of (1) or evidence of (2) in conjunction with either (1) or(3).” You can augment or intensify your individual research, elaborateor embellish your points, and demonstrate, informal essay paper style, the reasoning, and argumentationthat led you to certain conclusions that you may have posted in our Discussion Forum for Week Seven.
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