Roots of Crime

Community-how it gave rise to
this:conformity and intimidation
 Power of this group of guys
 Exploitation of this particularly vulnerable
victim
 Homogeneity of community
 Parents complicity-all wanted to achieve
and maintain “normalcy”
Unanswered Questions

Are males inherently violent?
 Would women do something analogous?
 Could this have happened anywhere?
Disruption of Past Practice

What allowed this to become a public,
criminal prosecution?
 Whistleblowers:why and what
consequences
– Charlie Figuroa
– teachers

Police-Sheila Byron
 Particular District Attorney
Legal System and Adversary
Process

Legal process is a contest the goal of which is to
win
 Each side builds their case around a theory that is
offered to explain events in most advantageous
way
 Uses and manipulates information to bolster
theory
 Examination and cross-examination of witnessesbolster or undermine credibility
How Courts are Organized

Dual System: Federal and State Courts
 Hierarchical: trial courts up through appeals
courts
 Trial courts try facts and apply law
 Appellate courts review legal rulings and
render written opinions which contitute
precedent
Pre-Trial

Police Investigation
 What tactics were usedGrand Jury-23 jurors
 Required in Federal Prosecutions
 Discretionary in State Prosecutions
 Closed to public
 Prosecutor presents evidence-defense
does not-indictment results
Motions

Requests for a ruling of law outside of jury
 Rape Shield-these laws, adopted by a
majority of states, preclude presentation of
evidence of victim’s prior sexual activity
with anyone other than defendant
 Here-judges ruled that accounts of her prior
sexual conduct was admissible
How
to structure trials
and what court-who would
be tried together-separate
trials for Maher and
Corcoron
Plea-Bargaining-Deal
offered, all or none had to
take it. Declined-why?
Lawyers

Lawyers for each took
different approach in
constructing story
 Goldberg-prosecutortried to lay
groundwork for who
Leslie was
Defense could have
-argued that she was
mentally capable
-that she was sexually
experienced
-didn’t know her but this
would require them taking
stand
-down and dirty approachshe was promiscuous and
wanted it
Jury

10 women, six men, 8 black and 4 white.
 Majority in 30s and 40s, few in late 50s and
early 60s-one was 26
 Urban and suburban
 Mixed occupations
Theories of Case-Defense

Defense-Leslie was sexually promiscuous,
and engaged in consensual sex
– Prior sexual conduct-helped by Judge
Humpheys ruling on Rape Shield
– Gynecological records
– Cross-examination
– What else
Theory of Case-Prosecution

Leslie was incapable of consent and was
forcibly raped
– Wanted to bring in evidence of previous
molestations
– Why mother put her on birth control pills
– Ruling on rape shield law that prior case would
violate her privacy impeded prosecution’s case
VERDICTS

Chris Archer-Guilty of two counts of aggravated
sexual assault-1 for using force or coercion, 2 for
assaulting mentally defective woman. Guilty of
2nd degree conspiracy
 Kevin Scherzer-same as Chris
 Kyle Scherzer-Guilty of 1 count of first degree
aggravated sex assault-using force or coercion.
Guilty 2nd degree on mental defective
charge.Guilty of 2nd degree conspiracy
Verdicts

Bryant Grober-Acquitted of 1st degree
aggravated sexual assault, Guilty of 3d
degree conspiracy to commit aggravated
sexual assault and aggravated sexual contact
SENTENCES

Archer and both
Scherzers-maximum
fifteen years in prison
(could have been up to
40 years)-bail pending
appeal
 Young adult offenders
institution

Grober-3 years
probation and 200
hours of community
service
Appeal

Argued in New Jersey Appellate Court in
April 1997.
 Skeptical that force and coercion had been
used
 Dismissed force and coercion charge.
Upheld Mental Capacity Charge
 Result-Jury verdict left standing
Next Class

Watch TV Movie if possible
 Finish Discussion
 Read “Doubt” in Packet
 Handout writing assignment-due 2/14