Question: Remember the rules for writing assignments and a 300-word minimum. What charges would you bring? There are broad levels of discretion for police officers in
Remember the rules for writing assignments and a 300-word minimum.
What charges would you bring?
There are broad levels of discretion for police officers in doing their job. Prosecutors also have broad discretion in the level and types of charges that a suspect must face.
You are a police officer writing up the paperwork for someone whom you caught in the act of attempting a burglary. He is armed with an unloaded handgun, but seems remorseful and is embarrassed for his family. This is his first offense. You have the option of charging him with attempted burglary as a misdemeanor, attempted burglary as a felony, or aggravated attempt burglary because he possessed a weapon - although he told you that he wasn't planning to use it, and you believe him because he seems naive. In your jurisdiction, a felony charge carries a minimum of three years imprisonment.
Consider your options in this case. How will you charge this suspect, and why?
How would you charge him if he seemed aggressive and unremorseful? If this was not his first offense? Why?
What if your jurisdiction has a "mandatory minimum" for possession of a firearm that adds up to 5 years in prison?
Should your personal feelings about such sentences play a role in your decision?
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
