Courtroom Workgroup #2


The prosecutors have the most power in the courtroom workgroup because it’s their decision to determine whether or not to charge the defendant or which charges are appropriate. A prosecutor decides whether to go forward with a case even if the victim doesn’t want to or they can drop or change the charges against someone that the police has arrested for a particular crime. The power also wants the defense attorney to work with prosecutors on a plea agreement. They wouldn’t want to have their clients to plead guilty of something then have to defend against other charges. Prosecutors even have the influence on the final sentencing all though that’s up to the judge. Prosecutors had the amount of discretionary power when they sided for abusing that power if prosecutors unfairly or pursuing harsh charges and sentencing for people of current ages or against or ancestry.

Defense Attorney:

Defense attorney exercises discretion when they file pretrial motions. Requesting a change venue or asking that evidence is suppressed. They also use discretion when deciding the best defense for their client. Like trying to show that a confession was conquered or that the defendant’s action wasn’t as severe as the prosecution claims. A defense attorney can also propose a plea agreement with the prosecutors saying that their client will plead this way on this charge under the following conditions. Or if the processors offering a plea agreement the defense attorney decides whether to recommend that her client takes it. Defense attorney is obligated to make decisions is an approval of the client. The client has the final say in whether to plea or go to trail and over the strategy use of his or her defense. The Constitution guarantees to have an attorney assist in his or her defense it doesn’t say that the accused then have to agree to anything just because the attorney recommends it.


Judges use discretion throughout the trail of the court they make a good deal of discretionary decisions throughout the preliminary hearing as well as to determine whether the evidence service to allow even a case to move forward. Any time a defendant plead guilty to a charge the judge must determine that the plea wasn’t conquered, and that’s what we call freely voluntarily knowingly made. Granting or denying pretrial motions setting the conditions for the defendant’s release. Setting or denying bail or deciding if the information to the Jury gives aloud to hear during a jury trial when the defendant is found or plead guilty the judges are the ones who determine the sentence. Judges can’t just hand out whatever the verdicts and decisions that they want. They have to buy the things like fair sentencing guidelines and constitutional resistance. And can only reject plea if they have per legal grounds.

Both cases had some similarities, and it didn’t the similarities, or both cases were they had public opinions from the prosecutors, had to see the judge and had to get evidence for both crime. The second case had to get statements from the witnesses. The similarities for both were a danger to the community because of the danger and wrongdoing. Case one with the guy driving over the speed limit the decision that was made was to give him a ticket because he was driving reckless not realizing he could’ve hit someone who could come out of nowhere. He knew that with him taking those prescriptions pills that he shouldn’t have been driving. For case two both women knew better to get into an altercation over a parking space. One the lady in the Ford should’ve let the situation go she was the one that stolen the woman in the Explorer parking space. And her arguing and swinging her bag led her to get hurt and needing medical treatment.

The factors that influence a prosecutor’s discretionary are: deciding whether to file charges by evaluating the evidence before them. The decision to file charges are affected by factors beyond the particular facts of the incident described in the police report. Many decisions come down to the prosecutors sense of what the justice require in the case at hand. A person who makes a one-time foolish mistake, a prosecutor decides whether that it wouldn’t make a serve purpose of spending time and money on prosecuting, especially when the changes that the person will reoffend are small. Prosecutors do a discretion in decision making that influences criminal cases outcomes, and do so with little or no public scrutiny. They examine case screening decisions, charging decisions plea offers, sentence recommendations, and dismissals in two moderately large prosecutor’s office. The prosecutor’s discretionary to charge a suspect with a crime would efficiently and avoid political influence in prosecutors offices.  Serving the ideal of Justice is fair to all parties involved in criminal cases. Specifically, victims, the defendant, and society as a whole. Justice for the victim and society is achieved when the right person is properly punished. Prosecutors try to see through that trials and plea bargains.

Each member of the courtroom workgroup had to decide on how they would want both cases to go and how they want to do it. Or whether they want to do it or not. With these decisions that were, made from each member I don’t think anything they did surprise me because they made the right choices in both cases.


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