Plenary Panel Discussion: Critical Issues in the Courtroom: Exploring a Hypothetical Case

• NCJ Number: 108496
• Author(s): C Nesson; J Daffron; R Murphy; R M Urbina; M Deiz; T O'Toole; F Washington; T Coughlin; S Goldsmith; L Friedman; A C Peruto; L Dye; R Burress; D Lumpkins
• Date Published: 1987
• Length: 0 pages
• Sponsoring Agency: National Institute of Justice (NIJ); US Dept of Justice NIJ Pub
• Sale Source: INFOMEDIX
• Publication Type: Presentation
• Language: English
• Country: United States of America
• Note: From the Judicial State of the Art Conference, "Presiding in Criminal Court," September 19-23, 1987, Phoenix, AZ. Audio cassette, 135 minutes.

Annotation

A panel of judges, prosecutors, probation officers, correctional administrators, defense attorneys, and victim advocates explores issues pertinent to various discretionary decisions in the processing of two hypothetical criminal cases.

Abstract

The first hypothetical case involves charges of rape, attempted rape, and assault. These charges have been brought against a respected minister in a small town, based on the allegations of a number of young women in his congregation. Arraignment issues considered are the implications of presumption of innocence, predictions of dangerousness, and the likelihood the defendant will appear at trial. Other issues discussed in the context of the case are the impact of public opinion on judicial decisionmaking, victim input in plea negotiations and sentencing, and sentencing factors. The other hypothetical case involves charges of armed robbery and possession of PCP with intent to distribute. The defendant is 19 years old, and he was involved in the robbery of a convenience store with a 23-year-old codefendant who shot the clerk. Issues considered at arraignment are the use of the defendant's juvenile record, release conditions, drug testing, and sanctions for violations of pretrial release conditions. Other issues addressed are plea negotiations, victim input, and mitigating factors under sentencing guidelines. The threat of AIDS in prison is considered as a factor in sentencing.