In choosing what charges to file when a crime is committed, a prosecutor wields significant power. That power is checked by specific evidentiary requirements—for example, a prosecutor could not charge someone with drug trafficking if that person was simply found possessing a small amount of heroin for personal use. Still, a single prosecutorial decision can mean the difference between a 3-year and a life sentence, a plea bargain and a trial, or a conviction and a mistrial.
For this Assignment, you assume the role of a prosecutor involved in several criminal cases.
To prepare:
- Read the Week 4 case studies found in the Criminal Justice Case Studies: Criminal Law, Week 4 document.
- This Assignment requires you to apply your learning to all case studies in the document.
Write a 750- to 1,000-word paper that addresses the following for each case study:
- What decision would you make as the prosecutor for each of the three cases? Be sure to address the following:
- What is the actus reus, level of mens rea (purposeful, knowing, reckless, or negligent), and is there concurrence?
- As the prosecutor, would you bring charges against the suspect or would you drop the charges?
- If you decide to charge a suspect or suspects, be sure to address the following: What would you charge them with and why? Would you consider offering a plea agreement? What sentence would you recommend?
- If you decide not to charge a suspect or suspects, explain how you came to this conclusion.
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