Problem 13.3

a. Should plea bargaining be allowed? Do you think plea bargaining offers greater advantages to the prosecutor or the defendant? Explain the reasons for your answer.

b. Do you think anyone accused of a crime would plead guilty if he or she were really innocent? Explain your answer.

c. Consider the following scenario: Marty, who is 22 years old, is arrested and charged with burglarizing a warehouse. He has a criminal record, including a previous conviction for shoplifting and two arrests for auto theft. The prosecutor has evidence placing him at the scene of the crime but no other physical evidence linking him to the crime. Because of his record, if Marty is convicted, he could face up to 10 years in prison. Marty's defense attorney tells him that the prosecutor will reduce the charge to petty larceny, carrying a one year suspended sentence and community service, in exchange for a guilty plea.

If you were Marty, would you plead guilty to the lesser charge? Why or why not? Give reasons for your answer.

d. The governor of a large state is charged with corruption by federal prosecutors. The case attracts widespread media attention. This is a first offense for the governor, who had previously been the attorney general of her state. Her defense lawyer meets with the prosecutors seeking a plea agreement. The defense wants either a reduced charge (a misdemeanor), the promise of a sentence that does not require jail time (probation), or both, in exchange for a guilty plea.

As a prosecutor, what factors would you consider in making your decision? Explain the reasons for your answer.