Scenario Joanna works for a small manufacturing company. Joanna started with the

Question

Scenario

Joanna works for a small manufacturing company. Joanna started with the company as the executive assistant, and the company has grown quickly over the last five years. Since Joanna has been with the business from the beginning, she has been promoted several times, and is now responsible for accounts payable and receivables.

Over time, Joanna starts “fixing the books” and taking money out of the company’s income for her own personal use. After two years of doing this, she has taken $115,000 of company money. Her boss determines something is wrong with her books, and calls the police. Joanna is charged with embezzlement.

After reading the above scenario, answer each of the following questions as completely as possible:

1. In order to obtain a conviction for embezzlement, what must the prosecutor prove in this case?

2. A defendant is guaranteed certain protections under the Constitution. Which of these do you think would be most helpful to Joanna in this case? Be sure to explain your answer.

3. In the first two questions, you have identified both the prosecutor’s role and the defendant’s role in the criminal process. Now, outline the steps necessary to obtain a criminal conviction in this case. In completing this exercise, think of the steps involved – defendant is charged, defendant obtains lawyer, prosecutor’s burden of proof, jury process, etc. Your response will be graded based on your inclusion of all necessary steps and their application to this particular case.

Explanation / Answer

1. The prosecutor must prove that he relied on the defendant's services for accounts receivable and payable function, that the defendant took the money from the company and did not earn it from other sources and that the defendant's actions were intentional.

2. The defendant can prove that she earned the money from some other sources. Further, her lawyer can carefully examine the evidence to know the whether the charges of prosecutor are accurate or exaggerated. In case the charges are proved in court, then the defendant can choose restitution i.e. paying back all the money she embezzled from the firm.

3. Various steps in obtaining a criminal conviction include:

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