Paul Smith, Anthony Klein, Kenneth Driver, and Travis Ballou are students at an exclusive high school located in a Texas suburb. After excessively drinking at a football game, some of the boys decided to engage in a “knockout game” wherein a person attempts to knock out an unsuspecting victim with a single punch. The victim, a 44-year-old man, fought back, at which time some of the boys joined the fray, causing the victim to suffer fractures to his wrist, a broken jaw, and permanent loss of vision in his left eye. Driver has consistently maintained that he took no part in the knockout game and that, in fact, he was so intoxicated at the time that he could barely walk. All four students were subsequently charged with aggravated assault and disorderly conduct.
Smith, Klein and Ballou, who come from wealthy families, were able to arrange for attorneys to be present at arraignment, and to pay the $7,000 bail required to secure their release. Kenneth Driver, however, is the son of a disabled single mother who was admitted to the high school on a financial needs grant. Lacking adequate funds, he was unable to make bail, or to retain an attorney in time to represent him at the initial bail hearing. After spending 27 days in jail awaiting a bail reduction hearing, Kenneth reluctantly agreed to plead to a lesser offense with time served to allow for his immediate release so that he could return home.
Having heard similar stories from many of his fellow inmates, Ken Driver is shocked and outraged that people can be treated like this simply because they don’t have enough money to make bail. He has since decided to attend law school, but also feels as though there should be something more he can do. He has approached your office to discuss the possibility of “taking some action against the state or government, or something” and has proposed working off his legal fees by assisting with basic clerical and administrative tasks, working as a runner, and cleaning the office, file room, and reception area. Inspired by the youth’s passion, your supervising attorney has asked you to conduct the preliminary research and prepare an interoffice memorandum of law exploring the possibility of filing for declaratory and injunctive relief regarding the county’s bail and pre-trial detainment procedures under due process and equal protection rights.
Requirements:
In completing this assignment, your attorney has requested that you fulfill the following requirements:
1) Research and identify the statutes under which the boys would have been charged, and correctly cite as part of the facts only. As these elements are not relevant to the issue you have been asked to address, do not analyze the statutory elements of the initial charges.
2) Research, study, and discuss information you obtain from at least 1 relevant secondary authority consulted in your background research which supports your client’s position in this matter.
3) Research, cite, and thoroughly apply at least 2 court opinions: one which supports your client’s position, and one which supports the opposition. Cases may be mandatory or persuasive; the weight of your legal authority will be considered in grading.
4) Develop the arguments and counter arguments based on the legal authority you have located.
5) Based on the weight of your legal authority, identify the strengths and weaknesses of your arguments, and predict whether you believe the court will find in your client’s favor.
Your memo must be prepared according to the notes provided in Attorney’s Preferences for Interoffice Memos as provided in Week Four Lesson Notes Folder. Embellish your facts as needed but use care to ensure that you do not change the legal issues in any way. While not required, you may also cite and apply any relevant statutory authority you happen to encounter in your research process. All case citations must conform to Bluebook guidelines.
Goals:
Your goal for this assignment is to demonstrate your ability to identify and phrase legal issues; to research, correctly cite, and thoroughly apply related legal authority; and to present your written arguments clearly, concisely, and professionally.
