Yamile Torres

Morning Class(A.M)

I.Statement of Issue: The court must decide that the defendant Riley
Jacobs committed a crime by the failure to report a felony?
Rule: (a) A person commits an offense if the person:
(1)
observes the commision of a felony under circumstances
in which a reasonable person would believe that an offense had
been committed in which serious bodily injury or death may have
resulted; and
(2)
fails to immediately report the commision of the
offense to a peace officer or law enforcement agency under
circumstances in which:
(A) a reasonable person would believe that the commision of the
offense had not been reported;and
(B) the person could immediately report the commision of the
offence without placing him or herself in danger of suffering serious
bodily injury or death.
(C) an offence under this section is a Class A felony with the
punishment of fines up to $5,000 and up to 2 years imprisonment.
My Words: It means if a person witnesses a crime or serious situation
and does not do anything to stop the situation by not calling the cop
or law enforcements agencies and if they are too scared to file a
felony they can also do it anonymously if a person does not stop this
they will/can be charged with failure to report a felony.
Prove:(Prosecution) what I have to prove is that Riley J. failed to
report a felony when she was 3 feet away from the assault and she
clearly was observing the incident that she pointed the victims
characteristic,behavior,and movement.She saw everyone with there
phones out even though her phone wasdeadshe could've used one of her
buddy's phone to call the police when they were snapchatting,taking
pictures,also videos and she failed to immediately reported or
informed the cops.If she didn't want to get caught drinking under
aged or attacted by the perpetrators she could ask 2 of her friends
maybe spencer since she was 22 to go around to wear the cops were and
report the assault or she could immediately report the incident
without placing herself in danger.However, I doubt the big guys would
of attacked her when she's with a group of friends in front of 1000 of

people who can defend her(same with the cops).Finally, if she was
buzzed to do something she gave good details on the victim's
characteristics and how many men had sexual intercoures with her she
did a good job detailing in the interview of remembering for a quite
drunk person,As well as she believed that someone called the police
since everyone had there phones out but yet, it was quite some time
that there was no sighting of a cop, so therefore no one reported the
incident,So she failed to report the felony.
II. Statement of Facts
She could of asked one of her buddies to borrow their phones
to call the cops if her phone was dead.
Her group was exactly 3 feet away from the assault and the
rule states that Riley observed it but she did not immediately
report it.(her group was the only group closest to the incident).
She could of went around avoiding the assault or asked
spencer to go and inform the cops what's going on without placing
themselves in any danger with the perpetrators,especially with a
bunch of people coming and going.
she didn't go to her because no one else did,and she didn't
think of going to her.(following the crowd)instead they left to
the wet T-shirt contest.
No one in her group called instead they just talked and
didn't immediately report the incident.
Her group was so close that even though riley was drunk
she was close enough to point out the victim's
characteristics,movement,and behavior also how mny guys had
sexual intercoure whith her.
She was posting pics,vids,and snapchatting while this was
happening and didn't even report the incident, when earlier she
said her phone die.
She was scared to go to the cops because she didn't want to
get cought drinking under aged, But yet she had a friend named
spencer who was 22.
Last year spencer said that there was a fight going on and
it turned out bloody and they were drunk to and riley called
911.and yet she didn't call 911 for the sexual assault.
she had DOUBTS and yet still din call/report.

Facts(con):
Riley was under aged drinking so she might of not know what
to do nor tell the cops

 Its the same typical thing you see during spring break and
it could've been crazier.
Last year was bad (lack of cops)
There was no danger(injury,blood)
Spencer didn't ask for clarification since she knows that
crazy things happen during spring break.
Phone was dead
Misunderstood the situation
It was difficult for the other witness to see what was going
on with the victim

III.Legal Analysis:
Fact:Riley could of asked her buddies to borrow their phone if
hers was dead so she can report it.
Rule: (2)fails to immediately report the commision of the offense
to a peace officer or law enforcement agency under circumstances
Explanation:She was with her group of friends taking vids ect and
she knew what was going on with the victim and she failed to
immediately report was was going on.And they didn't even go nor
call officer or law enforcement agency even though she was drunk
she called 911 before and she was drunk too and shes fine.
SUB-IRAC#1:
Fact:She could of asked spencer to go inform the cops since she's
22 so riley wouldn't get caught.
Rule:(B)the person could immediately report the commision of the
offence without
placing him or herself in danger of suffering
serious bodily injury or death.
Explanation:Rileywas scared to get caught under aged drinking and
for her to get in problems with the perpetrators as in placing
herself in danger she could of asked spencer(22 years old) to go
around and avoid the assault to the cops and report and inform
the cops what's going on and also having the safety of the cops
and put the assault to an end and arrest the men.

SUB-IRAC#2:
Fact:Everyone had phones out so Riley assumed they called the
police but they didn't.
Rule:(A)a reasonable person would believe that the commision of
the offense had not been reported

Explanation:When everyone had there phones out Riley assumed they

might of called the cops so there would be no need for her to,
But it was after quite some time where there was no sign of an
officer so she would believe that the assault had not been
reported.And yet she still didn't report/call, when she knew that
no one called/reported.Also,she was having doubts and still
didn't call/report.

SUB-IRAC#3:
Fact:Rylie and her group of friends talked about the assault and
what happened and no one reported nor called.
Rule:(1) observes the commision of a felony under circumstances
in which a reasonable person would believe that an offense had
been committed
Explanation:Riley's group were 3 feet away from the assault and
she could point out the victim's behavior,characteristics,and
movement. ,Riley talked about the victim with her friends..riley
was well aware on what was going on and how many time and with
who.

COUNTER-ARGUMENT#1:
Fact: Last year riley called 911 when a big fight broke down and she
was also drunk and yet she immediately reported the problem to the
cops. But this time she didn't call the cops to report this sexual
assault. She could of called and be anonymous like last year.
Fact: Yes but in the rule its states (1)observes the commision of a
felony under circumstances in which a reasonable person would believe
that an offense had been committed in which serious bodily injury or
death may have resulted, and during that fight it got really
aggressive and bloody so there was an injury and who know it could of
gotten to death and riley did report that because she had to since
there was blood involving to it.

COUNTER-ARGUMENT#2
Fact(Defense): In the rule it states (B)the person could immediately
report the commision of the offence without placing him or herself in
danger of suffering serious bodily injury or death and riley didn't
want to get caught by the cops for underaged drinking and get

arreseted and not be able to have the relaxing spring break she
wanted. She also was scared that if the men found out she might of get
injured since there are big guys and she tiny. That's why she didn't
want to say anything in the first place nor go and stop it herself.
Fact: the rule it states (B)the person could immediately report the
commision of the offence without placing him or herself in danger of
suffering serious bodily injury or death,However, her friend spencer
is 22 years old and she could of gone around avoiding the assault
going to the cops and reporting what was going on and the men wouldn't
find out because there were a bunch of people coming and going also
you can report an incident as anonymous if u dont wanna get caught
also you have the cops there s they wouldn't do anything. and she did
call 911 before and nothing happend and no one found out except
spencer who was with her during that call.

Statement #2: Is the defendant Riley Jacobs guilty to failure to

report a felony?
Yes, shes is because either way she knew no one called the cops and
she observed the assault for some time and didn't borrow a phone nor
ask a friend to go to the cops and report the incident.And even
thought she was drunk she had very good detailing for a drunk
person.Riley Jacobs had many options to report and stop the sexual
assault(rape) and get those who raped the victim in jail for the
wrongs they did.

CONCLUSION: Riley S. Jacobs is guilty for not reporting nor call

authorities to the sexual assault. and she had many opportunities and
options to help the victim. She is guilty for failure to report a
felony.
Facts to EMPHASIZE:
Failed to report a felony
She had doubts,and still didn't call
No battery you're surrounded by technology
Scared you had many useful and easy ways
Wasn't that drunk gave good details
Only group close to the scene
Facts to minimize:

misunderstood the situation

was drunk(under aged)
was afraid, didn't know what to do
there was no blood/danger involved