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Factors in making decisions to charge an individual with a crime

Part I
There are various factors in making decisions to charge an individual with a crime. There are also stages and rules of trial by jury and rules of entering a guilty plea. This discussion asks you to examine plea agreements and the trial process.
Please discuss each of the following:

  1. Discuss some of the reasons why a prosecutor would offer a defendant a plea agreement. Share your thoughts on plea bargaining. Discuss the constitutional requirements of entering a guilty plea agreement.
  2. What is the difference between a bench trial and a jury trial. Discuss the advantages and disadvantages of each.
    Part II
    Based on the facts provided to you in Week 1 discussion, the investigation report, the confession by Mayo and the witness statements made by Dietz and Joe answer the following:
    1) If you were the defense attorney representing Mayo would you try to negotiate a plea agreement on his behalf or go to trial? Why?
    2) The prosecutor is given a lot of discretion in the criminal court process. If you were the prosecutor would you try to negotiate a plea agreement or go to trial? Discuss why and make sure to support your position.

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