Crim 215 Differential Treatment

1. Differential Treatment and Wrongful
Convictions

2. Are all criminal cases
treated the same?

3. What are some reasons for
which cases are treated
differently?

4. 1.Offense seriousness
2.Celebrated cases
3.Race/ethnicity
4.Offender’s sex
5.Attorney competence
6.Financial resources of the
defendant

5. Is the defendant charged with a
summary, misdemeanor or
felony?
Cases are treated differently
based on the offense involved.
Less serious cases are more likely
to result in a plea bargain and
also take less time if they were
to go to court.

6. Celebrated cases:
-High profile, disturbing or
possibly grizzly case that captures
headlines- ex: graphic killings, mass
murders, etc.
-Cases involving celebrities.
These types of cases are usually given
more time and attention by all parties
involved. i.e. more seriously
prosecuted and more strenuously
defended… Why?

7. Race- refers to the “major biological
division of man kind” i.e. skin color
and other physical features
Ethnicity- refers to differences
between groups of people based on
cultural customs such as language,
religion, etc.
When might these come into play?

8. Differential treatment based on sex.
Men and women often commit different types of
crimes.
A jury, judge, prosecutor, police officer or even
defense attorney might treat a criminal
defendant differently based on gender.
How? Why?

9. We’ve talked about ineffective assistance of
counsel…this is different.
Attorney competence refers to an attorney’s
ability to bring their knowledge and skills to
bear effectively in a particular case. For
example the ability of an attorney to
persuade jurors to listen to them, even in
the face of what might otherwise be
regarded as overwhelming odds against their
client.

10. A defendant’s ability to hire one or
more high profile attorneys may
impact the treatment of their case.
Example: O.J. Simpson. How much did
his defense cost for his criminal case?

11. Terry v. Ohio Discussion