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Please read all directions. There must be at least 5 sources FOR EACH DISCUSSION QUESTION.Each
Please read all directions.
There must be at least 5 sources FOR EACH DISCUSSION QUESTION.
Each discussion questions MUST HAVE IT’S OWN REFERENCE TABLE…that means that there must be at least 2 reference lists in this order.
I have an electronic copy of the textbook that YOU MUST CITE AND USE AS THE PRIMARY SOURCE MATERIAL for these questions.
PLEASE DO NOT BID ON THIS ORDER IF YOU ARE NOT A NATIVE BORN US ENGLISH SPEAKING WRITER.
I have more resources if needed for the order (cases, research material…etc) but you need to be prepared to cite several court cases and case law for this assignment.
Please, please, please let me know if there are any issues with accessing the course text and I will fix it for you.
I will provide a generous tip if the order is completed quickly and throughly.
Discussion 5.1
In
the short video opinion piece from the Washington Post, the speaker describes a
dilemma that faces many people accused of a crime. If offered a plea deal,
should the defendant accept it? Accepting it means pleading guilty to some of
the charges in exchange for something else, usually dropping the other (often
more serious) charges and/or the prosecutor recommending a lesser sentence.
Refusing such a deal carries the risk of conviction on some or all charges and
a more serious punishment, probably including a longer prison sentence than
under the plea deal.
The
speaker focuses on the special problem of innocent persons in this position. He
argues a guilty defendant can more accurately assess his or her chances of
conviction and punishment than an innocent person because the guilty person
knows what happened and has an idea of the evidence that might be presented
against him or her at trial. The innocent person, the speaker argues, might not
have any knowledge of what happened. Thus, these individuals typically cannot
make the same assessment and might choose to take the plea deal instead. The
speaker points to the fact that 95% of defendants accept plea offers, and that
many exonerated of crimes originally pleaded guilty as evidence that the
plea-bargaining system induces some innocent persons to take plea deals.
Please
provide responses to the two questions below:
Please provide your
assessment of the speaker’s argument. Do you agree or disagree with his
framing of the problem, reasoning, and conclusion? Please consider the
speaker’s position and explain in detail whether you agree or not.
Please provide your
assessment of the practice of plea bargaining in general. Please explain
in detail whether you view plea bargaining as an effective tool in the
administration of justice.
Your
response should include outside research in addition to the textbook and class
materials. Please cite sources in support, using Bluebook format.
Discussion 5.2
Candice
was charged with driving while intoxicated after two previous convictions of
the same offense. In the state where these offenses occurred, a third offense
constitutes a felony punishable by up to five years imprisonment. In correspondence
with Candice’s counsel, Karla, the prosecution offered a plea bargain where in
exchange for a guilty plea, the charge would be reduced to reckless driving, a
misdemeanor. The prosecutor agreed to recommend a sentence of no longer than 90
days. Karla neglected to communicate the plea offer to Candice and the offer
expired unaccepted.
Candice
pleaded guilty to the felony driving while intoxicated charge and was sentenced
to 2-4 years in prison. Shortly after sentencing, Candice learned that there was
a plea offer that would have let her plead to a misdemeanor and receive no
longer than 90 days in jail. Candice appealed her conviction, arguing that she
never would have pleaded guilty had she known about the plea offer. She claims
her constitutional rights were violated and argues her conviction must be
overturned. Please evaluate Candice’s constitutional claims on appeal and the
likelihood of success of each.
Your
response should include outside research in addition to the textbook and class
materials. Please cite sources in support, using Bluebook format.
