Ken is facing a trial for a felony and is seeking advice on his options to resolve the charges. Explain to Ken the three ways in which criminal cases can be resolved and offer advice on why people usually choose the one that is most popular for people in his situation.

Question

What will be an ideal response?

Answer 1

The ideal answer should include:
1. The three ways that a criminal case can be resolved are jury trial, bench trial, and plea bargaining.
2. A jury trial for a felony case will take place at a district court; to convict him, 12 jurors must all agree that Ken did indeed commit the crime beyond a reasonable doubt.
A bench trial is a criminal trial that is held without a jury, as requested by the person charged. In this type of trial, the judge overseeing the case renders a verdict.
Plea bargaining is a process in which the accused offers a guilty plea and in exchange receives a lighter sentence than he or she might expect from a trial verdict.
3. The evidence that the state has will determine which course of action Ken should take. If the evidence is somewhat weak and his attorney believes that he can prove that Ken did not commit the crime, then a jury trial is Ken's best option. However, if the evidence is strong and it is likely that a jury will find Ken guilty, Ken should probably plea bargain.