Narration and synthesis of the case (Schmalleger et al. 2010) Nathan Clement has filed a case appealing a trial case filed by his former wife Jenifer against him. In its ruling the trial court found despondent guilty of stalking and causing fear on Jenifer. In the present case Clement has filed an appeal against the ruling made by the lower court against him. The appellant contents (1) insufficiency of evidence for conviction; (2) unconstitutionality of the stalking statute; (3) admission of evidence based about events occurring prior to the effective date of the stalking statute; and (4) admission of evidence about events occurring on other dates other than the date of the alleged offense by the trial court. In its ruling the trial court iterated supporting evidence. It was for instance the defendant’s actions dating FEBRUARY 18 1997; MARCH 1997 and APRIL 4 1997 could be quantified to substantially have caused fear on the claimant. Given the discarded trail of events prior to JANUARY 23 1997 it could be argued that the defendant intentionally and knowingly intended to cause fear injure cause death or possibly commit an offense against the defendant’s property. References Laitos J. G. (1997). Legislative retroactivity. Urban Law Journal; Journal of Urban and Contemporary Law 52 81-159. Schmalleger F. Hall D. E. & Dolatowski J. J. (2010). Criminal law today (4th ed.). Prentice Hall. Spiga V. (2011). Non-retroactivity of criminal law: a new chapter in the Hessene Habre saga. Journal of International criminal Justice 9 (1) 5-23. [...]
Unit V Case Study Access and read What Constitutes the Crime of Stalking? After reading, please address the items below: Provide a brief overview of the handout. What are the elements of the crime of stalking under the statute discussed in this case? Do you agree with the court of appeals that the statute is not unconstitutionally vague? Is the evidence in this case sufficient to support a stalking conviction? Your response should be at least three (3) pages in length (not including the references page). While you may use your textbook to complete this assignment, you are required to use at least two (2) outside resources, which may be from the CSU Online Library or from other professional journals. All sources used, including the textbook, must be referenced; paraphrased and quoted material must have accompanying citations. All references and citations used must be in APA style.