Using the Model Penal Code

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1) Michelle needed money to pay her rent. She is behind 3 months in rent and fears being evicted. She decides to rob Capital One Bank. Michelle asks her roommate Cheryl to help her. They agree to split the money 60% Michelle and 40% for Cheryl. This was based on the fact that Cheryl was going to only purchase the items necessary to commit the crime, like the gun and ski mask, and agreed to be the lookout at the bank. Cheryl purchased a gun and ski mask early in the week. Midweek, she stopped into the local pub for a few drinks. She began telling the bartender about her plan to get money. The bartender said nothing. Later that week, before the robbery was to take place, Michelle and Cheryl went to get their nails done. While at the nail salon, they were arrested. As the prosecutor, with what crimes can you charge Michelle and Cheryl? Do their actions constitute the crime of attempt? Discuss why or why not. Use legal reasoning to support your response.
2) April and Troy have been unhappily married for years. April wanted a divorce, but Troy feared April would get too much of his money and the marital home. He decided it was best to kill her. He decided to poison her. He went to CVS and inquired of the pharmacist about needing a sleep aid for his insomnia. The pharmacist gave him a bottle of sleeping pills. Troy believed if he gave April several pills in her tea, she would die peacefully in her sleep. She drank the tea, but nothing happened but for a little drowsiness. Troy is charged with attempted murder. Will Troy be found guilty of attempted murder? Discuss why or why not. Use legal reasoning to support your response.
3) Please share any similar cases that you found. How did conducting research and going through each step of legal analysis help you to reach this conclusion? Analyze how you applied critical thinking and legal analytical skills to assist you in this regard. What new research and/or analytical tool or method did you try for the first time this week? What do you think you do well and what would you like to strengthen so that you continue to improve?
4) Collaborate with each other as the week goes on to make all aspects of this Discussion as robust as possible.
Q8
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.

 

Sample Solution

Legal Analysis and Plea Bargaining

  1. Plea Bargains and Entering a Guilty Plea

Reasons for Plea Bargains:

Prosecutors offer plea bargains for several reasons:

  • Caseload Management: The court system is often overloaded, and plea bargains save time and resources for more complex cases.
  • Guaranteed Conviction: A plea bargain ensures a conviction, while a jury trial carries the risk of acquittal.
  • Cooperation: Prosecutors might offer leniency in exchange for a defendant’s cooperation in testifying against co-conspirators.

Thoughts on Plea Bargaining:

Plea bargaining can be a beneficial tool for the justice system, but concerns exist:

  • Coercion: Defendants might feel pressured to plead guilty, even if innocent, due to fear of a harsher sentence at trial.
  • Disparity: Plea bargains can perpetuate racial or socioeconomic disparities in sentencing.
  • Lack of Transparency: The process can be opaque, making it difficult to assess fairness.

Constitutional Requirements for Guilty Pleas:

  • Voluntariness: The plea must be entered freely and without coercion.
  • Competency: The defendant must understand the charges and consequences of pleading guilty.
  • Factual Basis: There must be a factual basis for the plea, meaning the defendant admits to the elements of the crime.
  1. Bench Trial vs. Jury Trial

Differences:

  • Decision-Maker: In a bench trial, the judge decides guilt or innocence. In a jury trial, a jury of citizens decides.
  • Complexity: Bench trials are often used for less complex cases, while jury trials are used for more serious offenses.
  • Standard of Proof: The standard of proof (“beyond a reasonable doubt”) remains the same in both types of trials.

Advantages and Disadvantages:

Bench Trial:

  • Advantages: Faster, less expensive, judge may have more legal expertise.
  • Disadvantages: No jury of peers, judge might be biased.

Jury Trial:

  • Advantages: Jury of peers represents the community, reduces risk of judicial bias.
  • Disadvantages: Slower, more expensive, jury may be swayed by emotion or lack legal knowledge.

Choosing Between Bench and Jury Trial:

The decision depends on the specific case. For complex matters, a jury might require too much legal education. For serious offenses, a defendant may prefer a jury to avoid potential judicial bias.

 

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