Discuss how the courtroom work group approaches trials and pleas. Explain this in the context of a defendant who insists on going to trial and a defense lawyer who knows that there is a strong possibility of conviction
What will be an ideal response?
The possibility of a trial greatly influences negotiations and the courtroom work group. Trials are a costly and time-consuming means of establishing guilt. Yet, most cases do not have significant factual or legal issues. Most of the weak cases have already been weeded out of the system. For those that remain, the work group has developed norms about normal cases and normal sentences. Based on these considerations, all members of the courtroom work group have a common interest in disposing cases and avoiding unnecessary trials. In a case where a defendant insists on going to trial, a defense attorney must assess the following: (1) the likely outcome at trial, (2) the offer presented by the prosecutor, and (3) a defendant's possible willingness to accept a plea deal. If a conviction is likely, the defense attorney must explain the evidence, piece by piece, to the client and inform him/her about the likely testimony in court and how the jury might view the evidence. The defense attorney is also obligated to share with his/her client any offer made by the prosecutor. In the end, the client makes the decision on whether or not to accept a plea deal and his/her lawyer must go along with the decision. Defense lawyers prefer not to take "garbage cases" to trial because they may incur the wrath of the judge and the client may be given a jury trial penalty. Lawyers must advise their clients of this possibility.
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Answer the following statement(s) true (T) or false (F)
1. Corporations have long tried to avoid producing toxic waste and to properly dispose of toxic substances because it is profitable for them. 2. In November 2001, a federal appeals court confirmed as appropriate the $5.3 billion punitive damage award against Exxon for the Exxon Valdez oil spill case. 3. In 1949, General Motors and other companies with a vested interest in gasoline-fueled transportation were convicted of violating antitrust law by criminally conspiring to eliminate electric transportation and monopolize the sale of buses. 4. Fines rather than prison sentences have been the most common disposition in criminal cases involving corporate pollution. 5. Only a handful of corporate executives have been sent to prison in pollution cases.
The concept of federalism is best described as th
A. Jurisdiction of the Supreme Court in constitutional issues B. Process by which the Bill of Rights was applied to the states C. Power relationship between the national and state governments D. The key to explaining the hierarchy of laws
Systematically gathering qualitative data that offers a holistic and comprehensive understanding of the culture, environment, and social traits of individuals or individuals in a group is called ______.
a. ethnography b. triangulation c. purposive sampling d. Hawthorne effect
____________ is verbal evidence given by witnesses under oath
Fill in the blank(s) with correct word