Ch 7 Courts Scenarios Lisa Opoku
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CRIJ 1301: Introduction to Criminal
Justice Chapter 7: Courts & Adjudication
Prosecutor Scenarios
Imagine that you are a prosecutor. Consider the following scenarios. For each, decide whether you would
dismiss charges, offer a plea agreement, or insist that the case go to trial. If you offered a plea agreement, what
punishment would be appropriate?
1.
An affluent suburban woman—the wife of a bank president—with no prior record, strikes and kills an
unemployed laborer with her car as he is walking along the side of an unlit road at night. The woman
claimed that she thought she sideswiped a deer or a construction barrel; she says she did not know that she
had hit a person and that’s why she kept driving after the collision. Evidence indicates that she was
returning home from a bar where she had several drinks, but when she was contacted by the police two
days later, the alcohol had already passed through her system; there is no way to know her precise blood
alcohol level at the time of the collision.
Answer: Insist that the case go to trial
2.
A man released on parole after serving five years in prison for a series of burglaries becomes enraged when
he discovers that his long-time girlfriend has become involved with another man while he was in prison. In
an angry state, he punches her several times–causing facial bruises and a bloody nose–but then feels
remorseful, apologizes, and begs for her forgiveness. He calls his parole officer immediately to admit what
he has done. The girlfriend pleads with the police and prosecutor to dismiss any charges and vows not to
testify against him.
Answer: Dismiss charges
3.
A seventeen-year-old suburban boy out joyriding with friends steals several mailboxes and throws them
into a lake. Some of the mailboxes contained mail, which raises the possibility of a federal crime in
addition to the state destruction of property charge. Investigation reveals that the boy defies his parents’
rules and stays out all night when he gets angry at them. The defense attorney reports that the parents
believe the boy has psychological problems that may be helped with medication and, moreover, they
believe the arrest and threat of prosecution will now motivate the boy to agree to meet with the psychiatrist
that the parents have hired. The people who lost the mailboxes and mail are angry, but they do not wish to
see the boy end up with a criminal record for youthful misbehavior. The boy’s parents have already paid to
replace the mailboxes.
Answer: Offer a plea agreement with intensive counselling and supervision.
4.
A seventeen-year-old youth from an inner-city neighborhood steals a football jersey from a sporting goods
store. He has a prior record for shoplifting candy from a grocery store. The owner of the sporting goods
store wants him to be prosecuted and given the most serious possible punishment in order to warn other
potential thieves to leave his store alone.
Answer: Offer a plea agreement and restitution.
CRIJ 1301: Introduction to Criminal Justice
Chapter 7: Courts & Adjudication Defense vs. Prosecutor Ethical Dilemmas
Defense Attorney Ethical Dilemmas
1.
You are asked to represent a defendant who cannot afford to pay your full fee at the present time. Should you
work out an agreement so that your client pays you $1,000 retainer now and pays the rest of the fee if and when she is acquitted (recognizing that conviction would result in incarceration and no real opportunity to earn the money for your fee)?
Answer: I would work out the agreement, and then prove innocence of my client so he or she would not have to be incarcerated, but there would be some terms and conditions stating that should the client be found guilty, other family members are obliged to pay the rest of the fees.
2.
If you were a defense attorney and were given a choice of defending a known drug dealer who would pay you
large amount of cash for your service (enough you could pay off your mortgage, for example) or defending pro bono (free legal service) a poor African American man who had been falsely accused of bank robbery, what would you do and why?
Answer: I would defend the African American man who had been falsely accused of bank robbery. Already in the judicial system, minorities have been convicted wrongly of crimes they are innocent of. I would be practicing fair justice as the individual deserves to have a fair trial to prove his innocence. Under no circumstance would I tell him to accept a plea also because he is innocent.
3.
What if you were falsely charged with aggravated rape; would you rather be represented by a private attorney
who would cost every dollar you have saved up (several hundred thousand dollars) for your children’s college
education, or a public defender? Why?
Answer: I would prefer a public defender because aside the huge sum of money I would be saving, a private defender may not have experienced court proceedings as compared to a public defendant who can prepare me for my trial.
Prosecutors Ethical Dilemmas. Imagine that you are small-town prosecutors who must make decisions about a series of cases. Prioritize the following cases and make decisions about how to proceed (i.e., dismiss charges, recommend bail, negotiate pleas, or prepare for an eventual trial). As prosecutors, they are confronted with the following constraints:
1.
The local jail is under a court order that prohibits unconstitutional overcrowding. Thus only two people can be in the small jail within the next month, because the other cells are filled with people serving short sentences.
Answer: Recommend Bail
2.
The next election is only one month away and the prosecutor's opponent in closely monitoring decisions in individual cases in order to look for cases that can demonstrate that the prosecutor is not really tough on crime.
Answer: Prepare for an eventual trial
3.
There are only two assistant prosecutors in this small town office who assist in processing cases.
Answer: Negotiate pleas
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