In the cases that follow, you will approach the prosecutor as the public defender assigned to these cases to negotiate thecharge and/or sentence. In each of the fact patterns below, the wishes of the client have been set out. However, the clientmay agree to some other proposal. In none of the cases does the client want to go to trial.
Remember that you, as the defense attorney, need to make a rational argument as to why the charges should be reducedor dismissed, or why sentencing recommendations should be made. The prosecutor will not just grant a request to dismisscharges or make a sentencing recommendation without a rational basis for doing so.
Scenario1
Sam has been charged with robbery. He was arrested for robbing a clothing sales clerk after an informant notified the policethat Sam had admitted to committing the robbery. Sam has no prior history of criminal activity.Defendant’s wishesthe client wants the charge lowered to second degree robbery, and a prosecution recommendationfor six months imprisonment.
Scenario2
Jerri committed at least five burglaries in January and February. She is charged with two counts of burglary. The search ofJerris apartment turned up items that had been taken during the two burglaries. There is a possible question as to whetheror not the search was legal.Defendant’s wishesJerri wants the counts reduced to burglary in the second degree, an agreement that the prosecutorwill not bring charges on the other three burglaries, and a recommendation that the times of imprisonment for each chargebe served together.
Scenario3
A woman who was a passenger in Gary’s taxi cab charged him with sexual assault. Gary totally denies the charge, but thereis very strong evidence against him.
Defendant’s wishesGary is willing to plead guilty to indecent exposure, although he still claims he is innocent.
Your paper should be at least two pages in length and follow APA guidelines, to include a title and reference page. The titleand reference page do not count towards the page length requirement. Properly cite the textbook and all other scholarlyreferences utilized to support your position.
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