Prosecutorial discretion and community-based sentencing in the Sneaky Pete case

Sneaky Pete Case

Answers to Jake Law's Questions

Jake Law is the prosecuting attorney in the armed robbery case of Sneaky Pete. In the current negotiation, Jake must resolve his issues with the defense attorney, Chris Vaughn and the Judge as well. It is important for Jake to remember his role as an officer of the court and do what is right for the jurisdiction he represents and not simply for his own personal benefit. Unfortunately for Pete, many of these attorneys are very unsympathetic to anything other than their career.

Prosecuting attorneys serve the public by representing local, state or federal governments in criminal court cases. They participate in the investigation of criminal activity and fight for justice and represents the court. They must also have an understanding of their communities' needs and the motivations driving law breakers. Successful prosecution can lead to an individual's loss of rights, and so a prosecuting attorney must use discretion, perform careful research and seek justice.

For this specific case, it appears that Jake is willing to discuss lessening the punishment for Sneaky Pete with a lesser plea deal that would keep him in a community-based work program while treating him for his addictions and providing a work program as well. Jake must balance this leeway with the dangers that Pete presents to the community. To understand his options Jake had asked the Judge the following question: "Judge, how do you feel about CBCF as a means to resolve the case?"

If the judge is willing to accept this form of punishment for the crime committed, Jake should also consider going along with that plan, but should also use caution. This pleas deal would selfishly lessen Jake's work load, but also it is demonstrating giving a person of lesser opportunity a chance to succeed again. This program was not available for Pete when he committed crimes as a juvenile and this may be a way out of his criminal behaviors. Prison does have some benefits for some criminals, but in America, the country that imprisons more people per capita in the world, a welcomed change of pace would be graciously accepted by most citizens of this community. Jake must remember his responsibility to this group of people when deciding what route he will take in prosecuting Sneaky Pete.

Judge Justice

The judge of a trial jury plays an important role in determining the outcome of any single case. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty that can range from a fine to a prison term depending on the severity of the offense.

Judge Justice is dealing with two issues, one from Jake Law and one from Chris Vaughn. The judge has asked: " Guys, what are my options here? What should we do with this defendant? udge Justice asks Defense Attorney Vaughn, "Why should I take a risk on this guy by not sending him to prison? It looks like he is going nowhere." Judge Justice asks Prosecutor Law, "Jake, are there any offers on the table in reducing the charges or a recommendation on sentencing?"

A group decision is in need of this particular legal problem. The prosecutor, judge and defense lawyer all must come to come conclusion to what is the best situation and yet still remain faithful to their duties of the court. Judge Justice should keep an open mind and hear all the arguments from both sides and the pros and cons of each. I would recommend that the judge have an opportunity to speak with Sneaky Pete to get a better feel for what his understanding of the situation has developed. The judge should also remain as impartial as possible to help maintain the element of fairness that is often lost within a courtroom due to emotions and bias.

The group decision must be a total group consensus with all parties in agreement, including Sneaky Pete. The judge must ensure that all voices from the group are heard and understood in their totality before rendering any decision.