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Suppose you are the judge responsible for sentencing Jason
Miller, a 20 year-old man convicted of robbing a convenience
store. At trial, the prosecution showed that Jason was the
getaway driver for his older brother and another man (both of
whom had lengthy criminal histories). Jason was not armed and
did not have any interaction with anyone inside the store. The
other two men brandished firearms and struck the clerk, causing
severe head trauma. Jason’s attorney presented evidence at his
sentencing hearing that Jason had only been arrested once
before for stealing a cell phone from another student in high
school; Jason had successfully completed diversion for that
offense. His attorney also presented evidence that Jason had
maintained a job for two years after high school graduation as a
construction worker. In your jurisdiction, you have the option of
sentencing Jason to prison (for 1-25 years) or to probation (for
up to five years). How would you determine an appropriate
sentence for Jason?
Question 7
Becky Williams works on a road crew for the City of Palm
Springs. She often works early in the morning to repair potholes
on the busy streets. One day, a vehicle sped through the
construction zone and veered off the road, pinning Becky
between the vehicle and a work truck. Becky was trapped for an
hour while emergency crews freed her. As a result of the
incident, Becky suffered tremendous physical damages,
including the amputation of both of her legs. Becky filed a civil
suit; her attorney asked for damages to compensate Becky for
her physical injuries as well as for the trauma caused by the
accident. At the trial, evidence was presented as to the medical
costs, lost wages, and loss of future earning capacities. Discuss
any issues Becky’s attorney may have in presenting her case for
psychological injuries.
Question 12
Plea bargaining is encouraged in the criminal system for many
reasons. It can help reduce the caseload, eliminate the need for
victims to testify, result in charges being dropped for a
defendant, and can secure a defendant’s testimony against co-
defendants. Plea bargaining does not occur in every case. Those
defendants who instead request a trial are sentenced to prison at
a higher rate than those who accept a plea bargain. Consider the
role of the judge in sentencing. Explain why a judge may
sentence a defendant who is convicted of a crime after trial
more harshly than one who accepted a plea bargain for the same
charge.
Question 14
The largest discrepancy between verdicts reached by judges as
opposed to jurors occurs when jury _____ are involved; even
though a defendant may be guilty, the jury finds them not guilty
because they view the charge as trivial or the act as justified.
Question 17
In 2016, a jury in Omaha, Nebraska convicted Anthony Garcia
in two separate double murders. The first occurred in 2008 and
involved the slaying of a nanny and an 11-year-old boy. The
second occurred in 2013 and involved a retired doctor and his
wife. Defense attorneys requested that the trial be moved
outside of the Omaha area due to the extensive media coverage;
that request was denied. Given the information you have studied
about juror bias, describe the type of information that the
defense
should
have presented to the judge in support of their request.

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( 4)  Suppose you are the judge responsible for sentencing Jason.docx

  • 1. ( 4) Suppose you are the judge responsible for sentencing Jason Miller, a 20 year-old man convicted of robbing a convenience store. At trial, the prosecution showed that Jason was the getaway driver for his older brother and another man (both of whom had lengthy criminal histories). Jason was not armed and did not have any interaction with anyone inside the store. The other two men brandished firearms and struck the clerk, causing severe head trauma. Jason’s attorney presented evidence at his sentencing hearing that Jason had only been arrested once before for stealing a cell phone from another student in high school; Jason had successfully completed diversion for that offense. His attorney also presented evidence that Jason had maintained a job for two years after high school graduation as a construction worker. In your jurisdiction, you have the option of sentencing Jason to prison (for 1-25 years) or to probation (for up to five years). How would you determine an appropriate sentence for Jason? Question 7 Becky Williams works on a road crew for the City of Palm Springs. She often works early in the morning to repair potholes on the busy streets. One day, a vehicle sped through the construction zone and veered off the road, pinning Becky between the vehicle and a work truck. Becky was trapped for an hour while emergency crews freed her. As a result of the incident, Becky suffered tremendous physical damages, including the amputation of both of her legs. Becky filed a civil suit; her attorney asked for damages to compensate Becky for her physical injuries as well as for the trauma caused by the accident. At the trial, evidence was presented as to the medical
  • 2. costs, lost wages, and loss of future earning capacities. Discuss any issues Becky’s attorney may have in presenting her case for psychological injuries. Question 12 Plea bargaining is encouraged in the criminal system for many reasons. It can help reduce the caseload, eliminate the need for victims to testify, result in charges being dropped for a defendant, and can secure a defendant’s testimony against co- defendants. Plea bargaining does not occur in every case. Those defendants who instead request a trial are sentenced to prison at a higher rate than those who accept a plea bargain. Consider the role of the judge in sentencing. Explain why a judge may sentence a defendant who is convicted of a crime after trial more harshly than one who accepted a plea bargain for the same charge. Question 14 The largest discrepancy between verdicts reached by judges as opposed to jurors occurs when jury _____ are involved; even though a defendant may be guilty, the jury finds them not guilty because they view the charge as trivial or the act as justified. Question 17 In 2016, a jury in Omaha, Nebraska convicted Anthony Garcia in two separate double murders. The first occurred in 2008 and involved the slaying of a nanny and an 11-year-old boy. The
  • 3. second occurred in 2013 and involved a retired doctor and his wife. Defense attorneys requested that the trial be moved outside of the Omaha area due to the extensive media coverage; that request was denied. Given the information you have studied about juror bias, describe the type of information that the defense should have presented to the judge in support of their request.