Week 5 Discussion
Discuss whether the police department made the right decision by dismissing the case against the juvenile? Why?
Scenario: Mr. Lemoine, who was 22 years old, molested his friend’s five-year-old daughter in the back yard of her home. Mr. Lemoine went to the police station and initially denied any knowledge of the assault. The officers wanted Mr. Lemoine to confess to his crime, so they engaged in several ploys designed to entice him to confess.
First, the detective promised not to put Mr. Lemoine in jail in exchange for the “true story.” Second, the detective stated that if Mr. Lemoine told “the truth,” the detective would keep the case out of the newspapers and the “public forum.” Third, the detective implied that if Mr. Lemoine did not tell the truth, he would be unable to make any calls while he was in jail, strongly implying a restriction on Mr. Lemoine contacting an attorney.
Fourth, the detective exaggerated the evidence the police had against Mr. Lemoine and suggested that they had scientific evidence that demonstrated his guilt. Finally, the detective failed to advise Mr. Lemoine of his Miranda rights. Shortly after, Mr. Lemoine confessed. He was officially charged with sexual assault a short time later and given a trial. Mr. Lemoine was convicted.
List what you think were, if any, deceptive practices by the police in this scenario. Discuss if the case against Mr. Lemoine should have been dropped or not and why?
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Week 6 Discussion
https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_8_special_responsibilities_of_a_prosecutor/
1. Read Rule 3.8: Special Responsibilities of a Prosecutor from the American Bar Association’s Model Rules of Professional Conduct.
2. Choose and discuss two special responsibilities of a prosecutor. Why do you think the responsibilities of a prosecutor are essential within the legal profession?
3. Scenario 1: You are the manager of a retail store. The owner of the store permits you to hire a classmate to help out. One day you see the classmate take some clothing from the store. When confronted by you, the peer laughs it off and says the owner is insured, no one is hurt, and it was under $100. “Besides,” says your acquaintance, “friends stick together, right?” Discuss in detail what you would do.
4. Scenario 2: You are a district attorney prosecuting a burglary case. The defendant is willing to plead guilty in return for a probation sentence, and you believe that this is a fair punishment because your evidence may not support a conviction. However, the victims are upset and want to see the offender receive prison time. They insist that you try the case. What should you do?
