Reference no: EM133213683
You are to do the following:
- Review the facts of the cases below.
- For each case decide whether to take the case to trial, plea bargain the case, or dismiss the case. In doing so, be mindful of the impact your decision will have on the victims, the victims' friends and families, the defendants, and public trust.
- Make a list of the cases along with an explanation as to morally and ethically why you decided to try, plead, or dismiss each case and whether or not you decided to assign a prosecutor to the Truancy Program.
- Post your work to the discussion.
Reply to at least one other student's answer with your thoughts, comments or perspective.
Your answer and reply will be graded for how well you show that you fully understand and have applied concepts learned in this course and how well you have integrated these concepts into your thinking. Your conclusion should show critical analysis. Your arguments should be pertinent to the topic, logical and supported with evidence.
Case 1 - Multiple Defendant Gang Homicide
Two defendants went into rival gang territory looking for revenge for a prior gang homicide. They found a group of rival gang members and shot at the group of people as they drove past, killing two people and injuring four others. The defendants are both admitted gang members who have lengthy criminal histories-including robbery, burglary and assault with a deadly weapon.
- Trial = 25 years to life in prison (10 points)
- Plea = 7 years in prison (3 points)
- Dismissal = Release from custody (0 points)
Case 2 - Multiple Victim Homicide
The defendant has no criminal history. He attacked and stabbed to death his two teenage children and a friend who'd been trying to help him cope with his methamphetamine addiction. He may have some undiagnosed mental illness.
- Trial = 25 years to life in prison (10 points)
- Plea = Commitment to a mental institution until deemed "safe" and then returned to society (3 points)
- Dismissal = Release from custody (0 points)
Case 3 -- Driving Under the Influence of Drugs Causing Great Bodily Injury
The defendant has two prior convictions for DUI. In this case, he was driving under the influence of marijuana and struck a pedestrian in a crosswalk-causing that person to suffer a broken leg and incurring extensive medical bills
- Trial = 12 months in County Jail, full restitution to the victim and mandatory drug treatment and counseling (4 points)
- Plea = No jail time, fine, suspended license, restitution to the victim, and mandatory drug treatment and counseling (1 point)
- Dismissal = Case dismissed (0 points)
Case 4 - Child Molestation
The 35 year old defendant sexually abused his girlfriend's 8 year old daughter. He has prior convictions for drug possession, domestic violence, resisting arrest, and burglary. The child is very scared and will have to testify if the case goes to trial.
- Trial = 20 years in prison (10 points)
- Plea = 10 years in prison (3 points)
- Dismissal = Release from custody (0 points)
Case 5 - Domestic Violence
The defendant hit his wife giving her a swollen cheek and a bloody lip. He has prior arrests for battery (a bar fight), theft, and driving under the influence of alcohol. The neighbors report he has been beating her for years. The victim has recanted, wants the charges dismissed and is unwilling to cooperate with the prosecution of the case.
- Trial = one year custody in the County Jail, mandatory anger management counseling (4 points)
- Plea = No jail time, fine, unsupervised probation, anger management counseling (1 point)
- Dismissal = Case dismissed (0 points)
Case 6 - Rape of Unconscious Victim
The defendant is a college student. He met the victim at a large party near the campus of a university. She was not interested in the defendant and made that very clear to him. He was clearly interested in her. The victim then voluntarily consumed so much alcohol at the party that she passed-out. When she came to, she was at the defendant's apartment and he was having sex with her. She had not consented to him doing so. She immediately left and made a report to the police. The defendant has no prior criminal history whatsoever.
- Trial = 4 years prison (10 points)
- Plea = 180 days County Jail, 5 years' probation, mandatory counseling (1 point)
- Dismissal = Released from custody (0 points)
Case 7 - Truancy
Research has unquestionably shown that when children attend school, there is a significant drop in crime committed by juveniles. You have to decide whether or not to assign a prosecutor to oversee the enforcement of a Truancy Program in your community. If you do so, you will not see any results the first year of this program; however, because of the reduction in crime in subsequent years, you will have 20 points extra to use however you want in those subsequent years. If you do not implement the Truancy Program, you will have the 5 points available to handle the cases listed in this exercise; however, in all subsequent years, you will not have the 20 points available that you would if you'd implemented the Truancy program.
- Yes, assign a staff member = (5 points)
- No, do not assign a staff member = (0 points)