This activity places you in the roles of judge, prosecutor, and defense attorney as they negotiate a plea bargain in a particular case
This activity places you in the roles of judge, prosecutor, and defense attorney as they negotiate a plea bargain in a particular case. You are asked to respond to specific decision points in the plea negotiations involving Slick Martin’s case. Being charged with robbery, Slick’s case poses some challenges for all parties concerned. As part of your answers in this assignment, be sure to address the questions posed by the judge, prosecutor, and defense attorney. Your response should be between 350-500 words, doubled spaced, using 12-point font.
Currently, Slick Martin is charged with robbery. Slick was involved with robbing a grocery store with his buddy. His buddy indicated to the cashier that he had a gun while Slick stood beside him looking for others to come into the store. Neither the cashier nor any patrons were hurt during the robbery. Both Slick and his friend were apprehended by police only a few blocks away from the scene. Both were arrested without incident and admitted to police that they had, in fact, committed the crime. Slick is 19 years of age. He has been in and out of foster homes as a juvenile and has a juvenile record for shoplifting and car theft. This is his first time in adult court. Slick tells his attorney that he has a drug and alcohol problem. He also has no job and he never finished high school.
Robbery involving a gun has a penalty range of two to ten years in prison. At the felony level at which Slick is indicted, there is a presumption for prison to be imposed. There are also two lower forms of robbery that do not have such a presumption. The local jurisdiction has a community-based correctional facility (CBCF) that is used to divert offenders from prison. CBCF is a locked-down facility in which inmates work a six-to-nine-month program. Obtaining sobriety, an education, and job/life skills are the priorities in the program. Slick’s attorney has a good relationship with both the prosecutor and the judge.
Back in Judge Justice’s chambers, the parties convene to have a discussion about Slick’s case
Jake Martin, Prosecutor: Jake Martin has been an assistant district attorney for 15 years. He is a no nonsense prosecutor who is not afraid to go to trial. But he is always willing to talk to defense attorneys about resolving cases. Back in the chamber, Martin tells the judge that Slick is at a turning point in his life. He comments that Slick has a bit of a juvenile record and that his current offense is serious.
Martin asks the defense attorney, “Chris, why I should take a risk on Slick and agree to probation?” He also asks Judge Justice, “Judge, how do you feel about CBCF?”
Chris Vaughn, defense attorney: Chris Vaughn has had her own legal practice for about 18 years. Her practice is exclusively criminal defense. She is thinking that both the prosecutor and the Judge could go either way on Slick in terms of arguing for prison. Vaughn starts out by telling Judge Justice and Prosecutor Martin that Slick is a lifelong resident in the community and has had a lot of family and substance abuse issues. Vaughn also comments that Slick has never been afforded any meaningfull programs to get his high school diploma or GED. She mentions that Slick has not received any substance abuse treatment and that his addiction was the basis for the robbery.
Vaughn asks Prosecutor Martin, “Jake, would you be willing to reduce the robbery charge such that there isn’t the presumption for prison?” Vaughn asks Judge Justice, “Judge, if probation is not an option, can you sentence Slick to a minimum sentence?”
William Justice, Judge: Judge Justice has been on the bench for more than 15 years and is considered a moderate to tough judge. But he is always open to open discussion on how to dispose of a case. He is accustomed to telling attorneys what he would do to defendants out of a plea bargain or after conviction at trial.
Judge Justice asks both attorneys, “Guys, what are my options here? What should we do with this Slick?” Judge Justice asks Defense Attorney Vaughn, “Why should I take a risk on this guy by not sending him to prison?” Judge Justice asks Prosecutor Martin, “Jake, are there any offers on the table for reducing the charges, or a recommendation on sentencing?”
Based on this information, please write a report that contains your response to each question below and best answers the three decision points in this group’s discussion.
- Questions Pertaining to Prosecutor’s Role
- In your opinion, what is the role of the prosecutor in this process?
- If you were the prosecutor, how would you recommend resolving the case, and why?
- In your response, be sure to address some of the questions that the defense attorney and judge have posed.
- Questions Pertaining to Defense Attorney’s Role
- In your opinion, what is the role of the defense attorney in this process?
- If you were the defense attorney, how would you recommend resolving the case, and why?
- In your response, be sure to address some of the questions that the prosecutor and judge have posed.
- Questions Pertaining to Judge’s Role
- In your opinion, what is the role of the Judge in this process?
- If you were the Judge, how would you recommend resolving the case, and why?
- As judge, do you perceive risks in granting probation to Slick?
- How would you respond to some of the comments by the prosecutor and the defense attorney?
William Justice, Judge: Judge Justice has been on the bench for more than 15 years and is considered a moderate to tough judge. But he is always open to open discussion on how to dispose of a case. He is accustomed to telling attorneys what he would do to defendants out of a plea bargain or after conviction at trial.
Judge Justice asks both attorneys, “Guys, what are my options here? What should we do with this Slick?” Judge Justice asks Defense Attorney Vaughn, “Why should I take a risk on this guy by not sending him to prison?” Judge Justice asks Prosecutor Martin, “Jake, are there any offers on the table for reducing the charges, or a recommendation on sentencing?”
