Question
1.Consider our lessons defining conflict vs. consensus perspectives (hint- early in the semester). 2) Consider our lessons on the factors impacting the prosecutor's decisionmaking powers.
1.Consider our lessons defining conflict vs. consensus perspectives (hint- early in the semester).
2) Consider our lessons on the factors impacting the prosecutor's decisionmaking powers.
3) Consider our lessons on plea bargains on the normal criminal process.
4) Skim these articles on the impact of race on plea bargains. Note - This study is not tested on, and is not meant as a comprehensive discussion about plea bargains. Instead, just skim them to see the aspects of this debate. Just note those areas you agree vs. disagree with, and why.
Handout.
5) Watch both of these videos:
5a) Video on Plea Bargains. Note specific scenes and scenarios that illustrate how plea bargains occur as described in the lecture. HERE
5b) Video on the pressures of defending the indefensible. Note specific scenes and scenarios that illustrate the role of defense counsel and the factors impacting their desire todefend their client. HERE
6) Now show you used our course lessons to develop an opinion on the above controversy by answering the below if single spaced), use the specifically cited references to the materials to explain whether you believe plea bargains are a "just"/fair way of determining guilt/criminality. You will answer this big question by answering each of the sub-questions below. (note, you are not graded on the form of your paper- you can answer it as one essay or each as short-answers)
6a) Briefly (a few sentences), describe how plea bargains alter the "normal" process of proving guilt. You must specifically cite both: the video and the course materials (lecture, textbook, or above handout) that formed your opinion.
6b) Describe the disparities in plea bargains. You must specifically cite both: the video and the course materials (lecture, textbook, or above handout) that formed your opinion.
6c) Describe the factors that impact the defense attorney's motivation to defend the defendant. You must specifically cite both: the video and the course materials (lecture, textbook, or above handout) that formed your opinion.
To illustrate; "The lecture taught me that the role of defense counsel is not to prove innocence but to do .... But, there is limited time, resources.... so, the defense attorney will be motivated to defend those that are ..... In the documentary Z I saw defendant X, and his attorney said about him...."
6d) Based on the videos and our course materials, do you believe that the purpose of plea bargains is to create conflictor to consensus (in other words, which perspective do you agree with). Your answer must use our lecture to define each perspective, and you must explain the reason for your belief.
To illustrate: "Lecture Z defined conflict and consensus perspectives as .... I believe the criminal justice process is meant to create consensus because it offers the defendant the opportunity to rehabilitate .... For example, in the documentary, I saw defendant Z...."
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