1.When discussing ethical dilemmas that are unique to the legal profession, the topic of plea bargaining oftentimes comes up. According to Wikipedia, plea bargaining involves an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
Imagine you are a district attorney prosecuting a burglary case. The defendant is willing to plead guilty in return for a sentence of probation, and you believe that this is a fair punishment. Although a thorough investigation was conducted, you believe the evidence that is available may not support a conviction. However, the victims are upset and want to see the offender receive prison time. You realize that these victims are taxpayers, so they pay your salary. What should you do? Support your decision by constructing a logical argument for the course of action you choose.
2. You are a prosecutor assigned to a District Attorneys office in a major urban area. You have a very full case load. You specialize in drug and violent crime investigations.
Consider each of the following scenarios. Offer an opinion as to whether the actions are legal, and support your answer. Offer an opinion as to whether the actions are ethical, and support your answer.
* Leaking the identity of a seventeen year old gang member who is suspected of committing a drive-by shooting to the media knowing full well he was in danger from rival gang members, and then offering protective custody only if he would plead guilty.
* Authorizing the arrest of a fourteen year old boy who confessed to a crime, even though there was no serious possibility that he was guilty, in order to pressure a guilty relative to confess to murder.
* Authorizing the arrest of one brother for possession of a very small amount of marijuana, even though you know the charge would ultimately be thrown out by the judge (but the young man would probably lose a scholarship to college) in order to have leverage so that he would testify against his brother, who is a known drug smuggler. The drug smuggler's activities have resulted in the deaths of numerous teenagers.
|Due By (Pacific Time)
||09/18/2015 12:00 am