Scenario 1:

You are the Prosecutor in a Child Sexual Battery case. The alleged victim is 10 years old. The alleged perpetrator is her biological uncle. The crime took place approximately 1 year before it was reported. It was reported by the child's school teacher on mandatory reporting when the girl wrote in a school assignment about the incident. The child's mother has taken the approach that it did not happen and the child is "confused." The child is adamant that it occurred and has significant anxiety, bed-wetting, and behavior issues that are consistent with the victimization of a young child sexual victim. There is no physical evidence like DNA due to the time lapse in reporting. However, a medical examination of the child indicates that there has been some type of sexual behavior that has occurred.

The defense has come to you asking for a plea offer. What factors do you weigh in making a decision as to whether you will extend an offer to this defendant? What would be at least 3 advantages to having a plea negotiation? What would be at least 3 disadvantages to having a negotiated plea? Scenario 2:

You are the privately retained defense attorney for Sam Smith. Sam Smith has been accused of Trafficking in Meth. Sam Smith has three prior felony convictions and is looking at a 25-year sentence upon conviction of this charge. The police report indicates that "Sam Smith was driving in a high crime area at 2:13 am on June 1, 2023. Sam was stopped for failing to come to a complete stop at the stop sign in this residential area. Officers requested consent to search the vehicle and Sam consented. Upon search of the vehicle, 47 pounds of Meth were located in the trunk of his vehicle. The grams were individually packaged in one-pound increments. In addition, there were scales and $2000 in cash located in the trunk area as well."

The officers that conducted the traffic stop are part of the Street Crimes Unit, which specializes in detecting street-level narcotics and crime. Your client Sam adamantly alleges that there was NO CONSENT given. He says, "Why would I have agreed to let them search my car? I knew what I had in there." You truly believe your client is telling the truth. What do you, as his defense attorney do? What motions do you file? What arguments do you make? Be specific and thorough. Scenario 3:

You are the Prosecutor in an overly publicized police brutality case. The alleged perpetrator was stopped while trying to enter a local jewelry store at 2 am. The 4 officers involved were caught on tape beating the suspect while he was down on the ground and appeared to be subdued. The suspect sustained a broken back and neck, and the doctors estimate he may never be able to walk again. The officers maintain he was still actively resisting and that they are justified in their actions. They maintain they were in fear of their lives and were using only what force was necessary under the circumstances. The body cam footage is inconclusive on either account. You decide to go forward with the charges against the suspect because this is his 8 burglary or robbery within the past 10 years. The suspect had the burglary tools on him and in the bag was a firearm. You have also charged him with felon in possession of a firearm.

The pre-trial media coverage on this has been non-stop. There are protests occurring outside of the police station daily, as well as at the courthouse steps. The protesters' signs read, "Life is more important than diamonds. Stop police brutality." The law enforcement agency is pushing for full prosecution of this suspect and the clearing of the officers. None of the 4 officers have ever had an allegation of excessive force or police brutality. You are concerned about several things related to this case.

Should you offer a plea? Should you offer to drop the charges? Can there be a fair trial?