Deliverable 2- Courtroom Participants

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Running head: WEEK 7: COURSE PROJECT: DELIVERABLE 2: COURTROOM PARTICIPANTS 1 Deliverable 2: Courtroom Participants Dolores Baker DeVry University Professor William Hirn December 7, 2022

WEEK 7: COURSE PROJECT: DELIVERABLE 2: COURTROOM PARTICIPANTS 2 Deliverable 2: Courtroom Participants An agreement between the prosecution and the defense, called plea bargaining, is a means of reaching an agreement in which the defendant pleads guilty to a lesser offense or one or more of the offenses charged in exchange for lenient sentences, recommendations, specific sentences, or dismissal of other charges (Meyer, 2022). Plea bargaining is common in most criminal cases. During the plea bargain negotiation process, certain factors, such as the criminal charges' seriousness and the evidence's strength, must be considered. Whether or not the government accepts or offers a deal may also influence the decision. Before considering a plea bargain for Slick, I would have to consider other factors. For example, is this his first offense? Do I have enough evidence to take the case to trial and the seriousness of Slick's crime? Lastly, evaluating who Slick is. In addition to shoplifting and theft, Slick had drug paraphernalia when police arrested him. When he was 17, he was adjudicated delinquent for assault. Driving under the influence resulted in an arrest at 19 years old. Indicted and convicted at age 21, he was accused of taking part in a theft ring and possessing heroin. As a result, Slick did not complete high school. A dropout in the 10th grade, he never received his GED. Slick has worked sporadically since Slick was 17 years old. He quits every job he has applied for or is fired for tardiness or non-showing up. As a ninth-grader, Slick began to use marijuana and drink alcohol. His addiction to cocaine and heroin began when he was 20 years old. Furthermore, if I were assuming the role of the prosecutor, I would not offer Slick a plea bargain because this is not his first offense. I also have enough evidence to take this case to trial.

WEEK 7: COURSE PROJECT: DELIVERABLE 2: COURTROOM PARTICIPANTS 3 On the other hand, assuming the role of the defense attorney, I would consider a plea deal for my client because he is not a first-time offender and the evidence the prosecution has on him is enough for a possible conviction. A plea agreement can lessen Slick's sentence and charges. In the State of Pennsylvania, any degree of burglary is a felony and comes with dire consequences upon conviction. If you are convicted of a burglary, you will face a lengthy prison sentence, heavy fines, and years of probation. Knowing that information, I would try and get Slick a plea deal. Slick's plea bargain involves reducing a felony to a misdemeanor. After arranging a plea agreement, I would offer Slick to serve two years in prison, and upon release, he should be sent to a rehab drug treatment center that will also help him become a successful citizen. Slick will also be placed on house arrest for five years with a weekly mandatory drug test. Considering that being the defense attorney would be the only way a plea agreement would take place as far as the prosecutor, I would not offer a plea agreement. In my role as Judge, I would consider the seriousness of the crime, any harm caused to the victims, the defendant's criminal record, and the likelihood of committing the crime again. Lastly, I would evaluate whether imprisonment will negatively affect the defendant. Slick is one of the cases where, while considering all these things, I would not consider anything else, as these things outline everything I need. Besides being in trouble, Slick has also been charged with other crimes. His record of offenses is not new, and he will likely continue this way. Also, when examining the evidence the police have on Slick, he made a statement in the police cruiser at the time of his arrest. In the police cruiser, Slick made a statement, which I would suppress since his Miranda rights were not read to him. Also, the Fifth Amendment to the

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