Assignment:
Respond to the following: Answer the 2 discussion question. Include at least 1 reference.
A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3 to 4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer.
These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source
1: Consideration for plea bargaining
Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case. Some prosecutors and public defenders often scramble to play "Let's make a deal" to reduce the long waiting time before a trial begins and to reduce the enormous backlogs faced by many courts. While some critics refer to plea bargaining as "assembly line justice" and a denial of a speedy trial and full due process rights, others argue that many defendants prefer to plea bargain their cases rather than to languish in overcrowded jails awaiting a jury trial -- which may result in a longer sentence; however, some prosecutors prefer not to plea bargain and carefully consider many different factors if they do decide to plea bargain.
• View the video, "Prisoners urged to accept deals," [Video File][07 Min 11 Sec]
• View the video, History of Plea Bargaining (Criminal Courts)
1. You are a prosecutor presenting the defense attorney a plea offer that does NOT reduce the criminal charge and offers a very small reduction in the sentence recommendation for the defendant. Discuss which of the factors listed below you gave the greatest weight when deciding to make such a get tough offer.
Factors: Employment status, drug history, age of defendant, prior felony arrests, juvenile record, probation or parole at time of arrest, detained, offense type, and amount of evidence against the defendant. You can also choose other factors not listed here, if they are more important to you.
2: Trial by Media
One of the most celebrated trials in the media was the 1995 O.J. Simpson trial in which the prosecution reveled over the "hard evidence" they were waiting to introduce: the blood-soaked gloves found at the crime scene; however, when the defendant (O.J. Simpson) attempted to put the gloves on, they were TOO SMALL. Thus, the defense counsel uttered the famous quip, "If it doesn't fit, you must acquit." Similarly, not since the O.J. Simpson case has more media attention been showered upon a defendant than in the Casey Anthony murder trial.
Most states allow news crews to cover court cases; however, pre-trial publicity (i.e., trial by the media), viewed by millions within the privacy of their homes, has many legal experts charging that the camera (i.e., "TV trials") is getting in the way of court proceedings and jury deliberations. Some critics argue that victims are often tried in the court of public opinion; others argue media has turned justice into a voyeuristic peep show. Some criminal defense attorneys, who represent some of the most notorious defendants in the country, claim that the public verdict permeates all levels of the criminal justice system. Conversely, some studies evince that pre-trial publicity and ongoing media coverage have little or no influence on the final verdict but may impact more on the sentencing phase of a trial.
View the video, Trial Interference by Media?
How effective is an appeal that argues media coverage interfered with justice? Crime, justice, and television will have to live together for a long time. Dershowitz argues that the First Amendment is the governing principle of American society.
2. Discuss the role, rights, and impact the media have in criminal trials. Provide an example, other than the O.J. Simpson or Casey Anthony cases, and discuss what impact the media had on the example you chose.