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Defense and prosecutor

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1. Prosecutors are typically an elected official. How can a prosecutor use his or her conviction record to help gain re-election? Is the information an exact picture of the cases handled by the prosecutor?

2. What do you believe is the most challenging aspect of the prosecutor's role? Please explain.

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Solution Summary

Discussions on how to proceed if a defense attorney and the challenges and job of a prosecutor, based on the questions in the assignment.

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The first thing is to get the statement of Mr. Begood. This is important, so the attorney can decide the best way to proceed. Without knowing what happened according to the accused, Mr. B., then how can the attorney know best how to proceed? After getting the statement, the attorney then looks at the evidence the prosecutor has as well as any information gather by police. This is the only way to know what Mr. B is actually accused of and if there is any evidence that the attorney needs him to clarify. The statement given says the state does not have much in the way of hard evidence, so what kind do they have? How much of it is admissible in court. Does any of the evidence need to be brought into question for the court?

Only after gaining this information can the attorney decide what is needed to further pursue the case. There is another question as well. Does the accused wish to be defended or is it his choice to find a suitable plea bargain? Another issue at hand is the public impression of the case, which should be changed. The public contains the potential jury pool in a case and when media put out unfair or misleading and inflammatory information, the pool is easily tainted. The misrepresentations become facts in the minds of the listening public. With limited resources to work with, the attorney might want to plan a statement to be delivered to the public or one particular media representatives with information that can correct misleading information and move the case into territory that is more neutral. Letting the public know of any discrepancies in the claims of the prosecution and the accused can also be good, though care that the two statements are essentially true is important.

Any threatening calls should be turned over to the police ...

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