1) write a 8-10 sentence detailed paragraph.
Pre-trial Motions (POST)
After watching this week’s video, why do you believe that the judge ruled in favor of the Defendant, thus not allowing the prosecutor to show pictures of the victims to the jury? If you were the judge, would you have made the same decision? Can the argument be made that if the Defendant caused the damage, the jury should be able to see it?
What other pre-trial motions might a defense attorney or prosecutor argue before trial? Name one or two motions from the book and tell us about them.
2) write a response to the students paragraph 5 sentences min. Write how you agree with their ideas and add more to it. Do not just compliment the student on their work. Add details of how you agree.
Student Response: After watching this video, I believe the judge ruled in favor of the defendant, and decided not to allow pictures of the victims to be shown to the jury for a few reasons. First, highlighting the fact that the victims were children would have not allowed for the defendant to get a fair trial. The jury would be so fixated on the children or images of the children that they would not take in the evidence without already having a bias beforehand. Second, the victim’s status as children truly had no bearing on the case. The accident was just as horrific no matter who the victims were. So being children or adults does not make a difference. If I was the Judge, I would have made the same decision. Most likely we would reach the same verdict anyway, so the child factor could be omitted without causing damage to the case.
A defense attorney might argue a few pre-trial motions in a case of this nature. First, could be a Motion for a Change of Venue. This motion might be arguing because having the case in the original jurisdiction where the incident occurred would cause a bias that would cause the defendant not to get a fair trial. It would be difficult to find an impartial jury in the area where the crime occurred due to media and publicity. Second, could be motion to suppress evidence. This is where the children factor, accident photos of the children, and first responder testimony comes in. those key elements would be requested by the defense to be thrown out because those facts would hurt the chance for a fair trial for the defendant.
3) write a 8-10 sentence detailed paragraph.
https://www.rd.com/culture/why-the-innocent-plead-guilty/ (Links to an external site.)
Read the article in the above link. And watch this week’s video.
What is a plea agreement? (Links to an external site.)
Also make sure that you’ve read the textbook info on 326-338.
Let’s discuss plea bargains in general.
First, there are two types of plea bargains. One is a count plea bargain, the other is a sentencing plea bargain. What’s the difference between the two?
Second, discuss why plea bargains are necessary in our system. How do they help the criminal justice system? What would happen if we eliminated plea bargains?
Then let’s discuss how plea bargaining may be a negative aspect of the system. What can go wrong with plea bargains? Should they be limited?
4) write a response to the students paragraph 5 sentences min. Write how you agree with their ideas and add more to it. Do not just compliment the student on their work. Add details of how you agree.
Student Response: The difference between count plea bargain and sentencing plea bargain is Count bargaining-Many consider count bargaining to fall under charge bargaining. Here, the defendant pleads to only one or more of the original charges, and the prosecution drops the rest. Sentence bargaining-The defendant takes a guilty or no contest plea after the sides agree what sentence the prosecution will recommend. Count bargaining they are negotiating that defendant will plead guilty but they will dismiss the other charges and Sentence Bargaining is that the defendant will plead guilty but they want the judge to decide jail time instead. Honestly I don’t know what to think about plea bargains. It helps the criminal justice system to spend less money. If we eliminate plea bargains the criminal justice system will spend more time and more money in all cases. I think if all defendants plea bargain they would just do less time for the crimes they commit. I think they should have the choice depending on the case. Yes I think they should be limited, because if they are just getting in trouble all the time they would just see it as a game and keep doing it. They know that if they plead guilty they will do less time and will not learn from it.