Focus on Ethics

Only available on StudyMode
  • Download(s): 30
  • Published: November 14, 2013
Read full document
Text Preview
Letting the Big Ones Get Away - A Focus on Ethics

One of the most common tools that are used by prosecutors is the plea bargain. This is when the defendant will plead guilty to a lesser crime in exchange for immunity or reduce charges. In nearly all court cases, prosecutors are willing to make some kind of plea deal. The reason why, is they believe that this will save time, reduce costs and it will serve justice. However, like with any kind of deal, the focus of the prosecution will be focused on a single person or group of individuals. As this information will more than likely be used to solidify the government’s case against the defendant? (“Bargaining Justice,” 2012)

The situation involving the known drug kingpin and his girlfriend is problematic. This is because the drug kingpin has been known for successfully avoiding prosecution in the past. The main reason is from the government, not having enough evidence to go after this person. Recently, this individual was arrested with one kilo of cocaine at his girlfriend’s house. Law enforcement has tried to convince her to testify against her boyfriend is exchange for immunity. She has refused to cooperate and believes that her boyfriend will protect her at all costs. However, in the last few days the drug king pen’s attorney has approached prosecutors about a possible plea deal. Under this agreement, the drug kingpin will testify that the cocaine was his girlfriends. The big challenge is should this agreement proceed forward, even though the drug kingpin will be allowed to get away. To fully understand this situation requires carefully examining the case and what kinds of tactics prosecutors can use to encourage the women to change her mind. Once this takes place, is when these tactics can be used to successful turn the drug king pen’s girlfriend against him. The Plea Bargaining Case

This case is based upon the fact that known drug kingpin was caught with one kilo of cocaine. Now, his lawyers are approaching the prosecution about a plea deal. This is a sign that the defense knows this evidence is very damaging to their client. To protect him, they are taking a preemptive strike by seeing if the state will be willing to accept some kind of plea deal (in exchange for the drug king pen’s immunity). (Rhodes, 1979, pp. 360 – 375)

To make matters worse, his girlfriend does not believe that they have approached the prosecution about this kind of a deal. As a result, the state can accept the plea agreement from the drug kingpin and they can charge his girlfriend with everything. Another option is to be able to have the girlfriend start talking about his activities and what she knows. The real challenge will be to try and persuade her to testify against her boyfriend. This means the prosecutors must use certain tools and tactics, which will increase the odds of her turning against him. (Rhodes, 1979, pp. 360 – 375) Tactics

Under law, prosecutors cannot force any kind of plea bargaining upon the court. This is because, there is no judge involved in the negotiations. Instead, there is direct meeting between both sides to work out some kind of mutual agreement. In this case, the defense is using this approach to protect their client against possible prosecution. (Larson, 2000)

To force the woman to start talking, the police should: arrest, book and charge her with the same kind of offenses as her boyfriend. The reason why, is because she was at the actual location when the bust was being made. This means that she knew what was going on and supported these activities (either directly or indirectly). (Larson, 2000)

When this kind of approach is utilized, the girlfriend should be forced to spend the night in jail. However, before this happens, is when prosecutors will let her know what will be taking place. This means that they will disclose the possible plea deal from her boyfriend against her. At the same time, Child Protective Services should discuss the...
tracking img