Please see the uploaded files belowState v. Freeman, 2014 ME 35
See attached: http://www.mainelegislature.org/legis/statutes/17-A/title17-Ach0sec0.html
Freeman was indicted on four counts.
Identify each specific crime and identify the specific statutory section reference
Write out the exact language of the section (please do not simply cut and paste)
Write out the facts that support his conviction for that specific crime; be sure that the facts you list cover every element of that particular crime
Freeman challenges his sentence arguing that it is excessive. The Maine Supreme Court, in reviewing Freeman’s sentence, articulates the three-step process that the sentencing court should follow. Identify these three steps.
Now, referring to each step, summarize the Maine Supreme Court’s review of the sentencing court’s analysis.
What is the process for assessing proportionality?
-State v. Michael Chapman, decided by the Maine Supreme Court on May 22, 2014.
Identify the crimes, including statutory section numbers, Chapman is charged with. Include the class of each crime.
Identify the crimes the jury finds Chapman guilty of.
Identify the crime on which the judge entered a judgment of acquittal.
What is the basis for the State’s appeal of the acquittal?
To what court does the State appeal?
What does the appellate court decide?
Define (use a legal dictionary) the words “vacated” and “remanded” and explain how. These legal terms are used in the case.
Explain the facts of the case that make accomplice liability an issue.
Explain using statutory section numbers and specific statutory language, the Court’s analysis of accomplice liability. Include the two different bases for liability. In your explanation, incorporate at least two precedents used by the Court to support its reasoning.
Focusing specifically on the “reasonably foreseeable consequence” language, explain the “objective criterion” and the “subjective state of mind.”
The Court finds that a “causal relationship” is required. Explain what this means and include “temporal and spatial proximity” in your explanation. State the facts that support the Court’s conclusion that the arson was temporally and spatially related to the burglary.
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