Use the criminal complaint to exercise the IRAC Method
For students interested in earning some extra credit, this is an opportunity that builds upon the case you read in the final exam, State of Wisconsin v. Hussein (2020). After reading through the case criminal complaint and completing the final exam, students can use the criminal complaint to exercise the IRAC Method for Charge 1 – Chronic Neglect of a Child (Consequence is Death). The State of Wisconsin charged the defendant with this count. Using this count (as detailed below and in the criminal complaint), complete an IRAC analysis to determine whether the prosecution can prove this charge against the defendant in court.
Utilize the IRAC Method Guidelines to ensure your submission meets the requirements (formatting/template); be sure to address each step of the IRAC Method. Also – be sure to include a reference page and cite any/all sources used to complete the extra credit opportunity. Students can use external resources, if necessary, for the extra credit. (No external resources are allowed for the Final Exam itself).
Count 1: CHRONIC NEGLECT OF A CHILD – CONSEQUENCE IS DEATH
The above-named defendant, between October 12, 2018 and January 26, 2020, in
the Village of Howard, Brown County, Wisconsin, being a person responsible for
the welfare of a child, JJM, DOB 10/18/2014, through her failure to take action, for
reasons other than poverty, did negligently fail to provide necessary care,
necessary medical care and necessary food so as to seriously endanger the
physical, mental, or emotional health of the child, and the child suffered death as a
consequence, and the actor is guilty of chronic neglect as she committed 3 or more
violations under s. 948.21 (2) within a specified period of time involving the same
child, contrary to sec. 948.215(1)&(2)(a) Wis. Stats., a Class B Felony, and upon
conviction may be sentenced to a term of imprisonment not to exceed sixty (60)
years.
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