Can the prosecutor willingly and knowingly lower charges to avoid three-strikes sentencing? Does your answer change if the question involves mandatory minimum sentencing? Explain your answer fully
Florida's three strikes law allows anyone convicted three times for certain felonies, including aggravated stalking or child abuse and murder, to be sentenced to life without parole. Billy, who has two prior convictions, one for aggravated stalking and child abuse, now faces a driving under the influence ("DUI") accident where a victim was severely injured. The prosecutor could charge Billy with murder. Billy would then eligible for "three-strikes sentencing." But the prosecutor likes Billy and agrees to a plea bargain where Billy agrees to plead guilty to reckless driving in exchange for a sentence of two years. When the victim's family learns of the plea deal, they are furious and appeal to a judge for help invalidating the prosecutor's decision to lower the charges.
What will be an ideal response?
ANSWER: Answers may vary: Charge bargaining by prosecutors is a way of life in the criminal justice system. It is a way to reward suspects who turn state's evidence or help the prosecutor prosecute others, it's also a way to prevent prison overcrowding. The same factors are true in determining the charges that may trigger certain mandatory minimum sentences.
You might also like to view...
The Ohio State studies clearly indicated that good managerial leaders exhibit a great deal of concern for
a. considerate and structuring b. control and expressive manners c. a contemplative and expressive style d. manifestation of charisma e. a democratic interaction with employees process
What is the court order that requires an individual to appear at a specific time and place to testify as a witness?
a. A subpoena b. A warrant c. An indictment d. A process
In the contemporary United States, in which place are you at the greatest risk for violent victimization?
a. School b. Work c. Home d. Shopping center
Which of the following may be considered child abuse?
A) Allowing a child to watch pornographic movies. B) Exposing one's self to a child. C) Voyeurism. D) All of the above