Serial Podcast Episode Five, what do you think motivates prosecutor decisions to bring charges and offer the plea deals that they do? Explain your answer. 2. Do you think Brian Radigan is a good prosecutor? Why or why not? Your answer should incorporate specific references to the podcast information.

Review the hypothetical scenarios below and draft a response to each. Your response should be 50-100 words for each question and incorporate information from this week's assigned materials:

1. 1. Upon seeing a vehicle weaving across the centerline of the highway, Officer A stops the car, approaches the driver's door, and immediately detects a strong odor of alcohol. The motorist is removed from the car and joins Officer A and a backup, Officer B, on the roadside. Officer A decides to use a portable breath device to confirm his suspicions of driving under the influence, or DUI, and he gives a sterile plastic mouthpiece to the driver to blow into. The driver attempts thwart the test by appearing (but failing) to blow into the mouthpiece. Irritated by this attempt, Officer A yanks the mouthpiece away, throws it on the ground, and arrests the driver for DUI. At trial, the driver claims the mouthpiece was flawed (blocked) so he was unable to blow through it; Officer A testifies under oath that it was not blocked, and as "evidence," he takes a test that night. Officer B, sitting in the room, hears this testimony and knows differently, having seen Officer A impatiently throw the mouthpiece on the ground and leave it at the scene.

What are the ethical issues for Officer A? Explain.

What are the ethical issues for Officer B? Explain.

2. Although the receipt is prohibited by policy in many if not most police agencies, it is not uncommon for retail businesses, especially restaurants and convenience stores, to offer police officers free or reduced prices for meals and drinks. Proponents argue that it compensates officers for their hard work - a "fringe benefit" of the job. Opponents argue that even the smallest gratuities can lead to greater corruption (the "slippery slope" argument) and create an expectation of some patronage for favor in return. Former Police Commissioner Patrick V. Murphy was one those who "drew the short line," telling his officers that "except for your paycheck, there is no such thing as a clean buck." Furthermore, gratuities are not received by other persons in professional positions (e.g. doctors, lawyers, educators) for performing their duties, and thus policing cannot be considered a true profession as long as police accept gratuities. Assume the county sheriff's department has the following policy concerning the solicitation and acceptance of gifts: "No personnel shall accept any gift, gratuity, loan, free, or thing of value which might tend to improperly influence their actions in any matter of police business, or which might tend to cast an adverse reflection on the department." A deputy sheriff has been using a variety of problem solving approaches to address problems at a shopping mall where juveniles have been loitering, engaging in acts of vandalism, dumping trash, and generally causing traffic problems after hours in the parking lot. Now the mall manager feels morally obligated to express his appreciation to the deputy. The mall manager has made arrangements for the deputy and his family to receive a 15% discount while shopping at any store in the mall. Also as part owner of a children's toy store in the mall, the manager offers the deputy a bicycle for his young daughter. Knowing that the department policy requires that such offers be declined, the deputy is also aware that the mall manager will be very hurt or upset if the proffered gifts are refused.

1. Are the mall manager's motives honorable?

2. Should the deputy accept the offered discount? The bicycle? Explain.

3. Should the department's policies be modified to accommodate such situations? Explain.

Answer rating: 100% (QA)

In Serial Podcast Episode Five prosecutors are motivated by various factors when deciding to bring charges and offer plea deals These factors may incl... View the full answer