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Would you rather spend 1 year in prison or receive 5 years of probation with very severe restrictions? Could you envision a probationary sentence that was more severe than a custodial sentence?
Explain your answer.
I would rather accept 1 year in prison than 5 years of severe restrictions. I think being patient with in 1 year in prison is easier than waiting for 5 years of different restrictions. [ [ I think custodial sentence is a very difficult and harsh sentence that a person can experience regarding probationary sentence. ] Expert answered|hazellereyes|Points 0| ]
Expert answered|prettypinks|Points 120|
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Asked 10/16/2012 7:48:38 PM
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What is prosecutorial discretion and how does it apply?
Weegy: As an elected or appointed official, the prosecutor is the most powerful official in the criminal justice system. [ Prosecutors exercise unfettered discretion, deciding who to charge with a crime, what charges to file, when to drop the charges, whether or not to plea bargain, and how to allocate prosecutorial resources. In jurisdictions where the death penalty is in force, the prosecutor literally decides who should live and who should die by virtue of the charging decision. ] (More)
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Asked 10/10/2012 6:29:57 PM
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Now while I agree with you that we want the client to feel comfortable knowing they can tell their attorney the whole truth do you think the attorney wants to know the whole truth? Specifically I am asking if you think as an attorney you would ask your client if they were guilty or not?
Weegy: During negotiation, lawyers often forget that they are there to represent the interests of a client, not to engage in a battle of wits with another attorney. [ This gives rise to two common ethical violations: revealing confidential information without permission, and failing to adequately communicate with the client. Rule 1.6 of the Model Rules of Professional Conduct prohibits a lawyer from revealing a client confidence unless the client has given informed consent to its disclosure. Yet, lawyers routinely inform the opposing party about facts learned from their clients in order to bolster the strength of their cases, or reveal some damaging piece of information about their clients in order to show that the lawyer is bargaining in good faith. Lawyers also tend to denigrate their clients' positions on some issues or distance themselves from a client's unreasonable demands, as if the lawyer were negotiating on his or her own behalf. All of these are unethica ] (More)
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Asked 10/12/2012 5:49:09 PM
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Is it ethical for a prosecutor to file criminal charges when the prosecutor does not have sufficient evidence of guilt, but believes the individual is guilty? Explain.
Weegy: The simple fact is that no, a prosecutor need not have legally sufficient evidence to bring criminal charges. "Sufficient evidence" is something which must be determined by a trier of fact. [ However, to make sure that a prosecutor does have ample evidence to justify a defendant being bound over for trial on a criminal charge- - the court allows the defendant to have a Preliminary Hearing in certain circumstances. This hearing follows the arraignment and is an opportunity for the defendant to have a mini-trial. The prosecutor at the Preliminary Hearing must show to the judge that there is Probable Cause to believe that a defendant has acted in violation of the law as they are charged. This is a low burden- -quite unlike the requirement in a criminal trial that requires a defendant to be found guilty "beyond a reasonable doubt". Now, there is another way a defendant can be brought to trial and that is to be indicted by the Grand Jury. If a prosecutor goes before a grand jury to seek an indictment, the defendant does not have the right to a preliminary hearing, and if the grand jury returns an indictment, the defendant will proceed directly to trial. So, as regards XXXXX XXXXX of it all- -clearly it is not ethical for a prosecutor to file charges against an individual if there are insufficient facts to convince the prosecutor of the defendant's participation is a crime. However, the amount of evidence needed by the prosecutor to charge, is not as much evidence as will be needed to convict. Read more: Is it ethical for a prosecutor to file criminal charges when - JustAnswer ] (More)
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Asked 10/13/2012 9:45:54 AM
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