question archive You are a District attorney prosecuting a burglary case

You are a District attorney prosecuting a burglary case

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You are a District attorney prosecuting a burglary case. The defendant is willing to plead guilty in return for a sentence of probation, and you believe that this is a fair punishment because your evidence may not support a conviction. However, the victims are upset and want to see the offender receive prison time. They insist that you try the case. What should you do?

 

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Answer:

This scenario is very bland, which leads to me asking more questions. If I do not have enough evidence to support a conviction, I will not risk the offender getting away without some form of justice. I would ensure along with the probation fines and restitution be afforded to the victims. Justice is not determined by the victim, but by the court and its officers. A good prosecutor will find the balance between law and the needs of the client. Plea bargaining falls in the realm of Bureaucratic Justice because it is the best way of receiving punishment by doing little or no work at all. I would be honest with the client. I would be transparent with the evidence. I would tell them the possible outcomes and give them advice on taking the plea.