wk 6 forum 2 Catry

 
If you were the defense attorney representing Mayo would you try to negotiate a plea agreement on his behalf or go to trial?
Yes, most definitely I would try to negotiate a plea agreement. In Mayo’s case all the evidence points towards Mayo, he admitted to shooting Scowen and the case could not have been anymore clear that he is guilty; before going in front of a judge or a jury, I would argue the fact that a jury might see the shooting as self-defense since Mayo did not really have an escape and for the judge if the prosecutor presents the case as I am admitting my guilt and rather plea to it before going to court might lighten the sentence regardless.
2) The prosecutor is given a lot of discretion in the criminal court process.  If you were the prosecutor would you try to negotiate a plea agreement or go to trial? Discuss why and make sure to support your position. Also, discuss the pros and cons to each.
If I was the prosecutor I would try to negotiate a plea agreement, because once the case leaves my office it is at the judge or the jury’s discretion. My argument would be, since Mayo had already confessed to the crime, the firearm was recovered at the crime scene, ballistic will prove the bullet came from said gun, gun shot residue (GSR) test will prove that Mayo had shot the weapon and witnesses’ statement to include Mayo’s statement will make a solid case; I probably will not be able to prove murder since the intention to kill Scowen is circumstantial but in most states a manslaughter charge would be in accordance. With all that being said, instead of putting the city through such a financial burden to go through a formal trial, I will try to negotiate a plea deal just to keep the case away from trial by offering Mayo a plea deal agreement, which he might be more than happy to agree o
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