Michael is an 18 year old, Hispanic male who was recently arrested. The facts that lead up to his arrest are as follows: Michael was out with his friend Freddie at a local street festival in Chester County, Pennsylvania. While he was enjoying the festival, he heard Freddie arguing with a stranger. The argument escalated into a physical fight. Michael rushed to assist Freddie in the fight. Somewhere in the scuffle, a gunshot was heard and Victor was found dead on the street. The police arrived at the scene and arrested both Michael and Freddie after getting eyewitness accounts. Both Michael and Freddie deny that they had a gun and/or that they shot Victor and no gun was ever retrieved. It was also later discovered that Victor was a Democratic Congressman from Pittsburgh.
QUESTIONS: From a procedural standpoint, explain what will happen to Michael after his arrest. Provide specific details on the various steps that Michael will go through before reaching trial. Be sure to include whether this is a federal or state prosecution and the specific court where Michael will eventually be tried.
PART II:
FACTS: Michael hired Danny the Defense Attorney, who has only been practicing law for a year, to help defend him against these charges. In the client interview, Michael confessed to Danny that he did know Victor and that he had disagreed with his politics in the past; but that he didn’t shoot him. Danny seemed happy with this confession and didn’t ask Michael any additional questions. When Michael asked what the defense strategy would be, Danny responded that “the Prosecutor has nothing on you- we’ll be fine, don’t worry. This is one of the cases we can just wing.”
Polly, the prosecutor, has also now been assigned to Michael’s case. When Polly called Danny to inform him that she was the assigned to the case, Danny told her “you have nothing on my client! I know Michael does not like Victor’s politics, but he didn’t shoot him and you can’t prove otherwise.”
Polly hung up with Danny only to have the telephone ring again. This time, it was Willy, a potential eye witness to the shooting. Willy heard about Michael’s upcoming trial and contacted the prosecutor to give a statement. Willy told Polly that he didn’t have a good view of Freddie during the fight, but that he did have a clear view of Michael during the fight. Willie further explained that he, for sure, did NOT see Michael pull out or shoot a gun. Polly thanked Willy for the information, but never did anything with that information, since it wouldn’t help her with his case against Danny.
At the trial, Michael took the stand and testified that he did not shoot Victor, nor did he know who did. Michael had never been in trouble with the law before- he had a clean criminal record. So, Danny called a bunch of character witnesses to establish Michael’s credibility. Polly, upon cross examination, asked Michael “Haven’t you been previously arrested for violent offenses against public officials”? Danny immediately objected to this question (as it wasn’t true) and the Judge sustained the objection and told the jury to disregard it. However, the judge did allow Polly Prosecutor to show a photograph of Victor’s slain body to the jury.
QUESTIONS: Are there any problems with what has happened in Part II? Please identify and explain any and all potential problems with what has happened in the Part II facts.
PART III:
FACTS: Despite the Defense’s best efforts, the jury has convicted Michael of first degree murder.
QUESTIONS: Michael knows that you are criminal justice professional. He comes to you to seek information on what happens how. Assume, for the part, that this is a federal conviction. How would you advise Michael? Be sure to let him know what stages are to come and what might happen at each stage. You may also want to give him some candid information on what might happen, as far the potential severity of his sentence and any possible appeals.
