Part I
After a defendant is found guilty, there is the sentencing and appeal phase of the process. Most attorneys will file an appeal on behalf of the defendant if there is an appealable issue. Sometimes the judge grants a lot of discussion in determining a defendant’s sentence. Other times, the judge’s hands are tied based on the mandatory minimum sentencing laws. This discussion asks you to examine the sentencing and appeal phase of the criminal process.
Please discuss each of the following:
1. Are judges given too much discretion when it comes to sentencing? What are some of the factors a judge looks at when determining an appropriate sentence?
2. What is the difference between a determinate and indeterminate sentence? Discuss the advantages and disadvantages of each. Do you think mandatory minimum sentences serve any real purpose?
Part II
Based on the facts provided to you in -Week 1 discussion: PEOPLE OF THE STATE OF TEXAS, Plaintiff
VS.
Scott Mayo, Defendant
TYPE OF CASE-Criminal
SUMMARY OF FACTS
Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and afterwards, Scowen picked up a beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, “I am going to kill you,” and what he believed was imminent danger from Scowen.
Mayo was placed under arrest. He was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe “the fireman”, who was outside and saw some of the action through the window while sitting on the patio.
-the investigation report: INVESTIGATION SUMMARY
I entered the above location and found Scowen dead on the ground in the bar. He had a large gunshot wound to his head. The Suspect was standing behind the bar. I searched Scowen and found a wallet containing $15 and a business card. There was a .38 revolver laying on the bar counter in close proximity to the suspect. Suspect said, “that is the gun I used.” I placed the gun in an envelope and sealed it as evidence. It was logged in at the police department. Suspect said, “I am sorry. I was angry, but he deserved it”. Suspect was placed under arrest. After arrival at the station Suspect wanted to make a confession. I then recited Miranda warnings. Suspect signed the waiver form and then confessed to killing Scowen for the money.
-the confession by Mayo:
GLENVILLE POLICE DEPARTMENT
CONFESSION
I work at the Local Watering Hole as a bar tender every night. I live with my father who is terminally ill and needs my help. I have 2 younger brothers that I help support. My mother is dead. I have been working on getting my GED during the day, buthave not been able to past the test.
I was working at the Local Watering Hole when Basil came in. Basil was drunk. I did not serve him. I had a few drinks earlier that night before my shift, but was fine to work. The bar was not crowded, just a few of the regulars were there.
I did owe Basil some money. I have not been able to pay him because of paying for my father’s medications and food for my brothers. Basil did not care, he kept coming into the bar harassing me for the money. I only knew him from the bar. I promised to pay him the money next week. I had worked extra shifts, but would not get the check until next week. I have seen him pretty drunk before. He would always be a mean drunk. Basil was mad when he came in the Hole. He was upset I could not pay him the money. He began yelling and demanding his money and picked up a beer bottle and broke the top off of it. He told me if I did not give him the money he was “going to killme”. I was scared he was going to kill me. The owner keeps a gun in the bar in case of an emergency. I grabbed the gun and told him to stop yelling and threatening me. When he did not stop yelling and waiving the beer bottle, I shot him.
Signed voluntarily,
-and the witness statements made by Dietz and Joe: STATEMENT OF DAWN DIETZ (PROSECTUION WITNESS)
I Dawn Dietz, state:
My name is Dawn Dietz, I live at 5153 Hot Dog Lane, Glenville.
I am a book writer. I get writer’s block a lot and like to stop at the Local Watering Hole for a change of environment. I stopped at the Hole on my way home and had a few glasses of wine and watched the end of the basketball game. The bar was empty because the Mavericks were being blown out. The bar tender was drinking behind the bar. He was a bit of a jerk. He kept flipping the channel on the TV even though he knew I was watching the game. I complained about the TV. He called me a “red neck” and told me to be quiet. I was deeply insulted by that remark.
When the man walked in that was killed he sat down the other end of the bar. He appeared mad. I went to go to the bathroom before cashing out my tab and going home. As I walked out of the bathroom the bar tender had a gun pointed at the man, he was holding a beer bottle in his hand. The bar tender pointed the gun. The man stated, “I am going to wreck this place if you do not pay me”. The bar tender shot the man. I called 911. The police arrived.
This statement is true to the best of my memory.
STATEMENT OF JOE, “THE FIREMAN” (DEFENSE WITNESS)
I, Joe Fireman, state:
I live and work in Glenville. I was coming to the Hole to pick up Scott. He gets off at 2.am. We were going to go back to my place to shoot some pool, have a couple of beers and watch sports center on ESPN. When I parked my truck and went to get out I heard a man yelling coming from inside. I looked in the window and saw a man with a broken beer bottle in his hand and yelling at Scott. I had never seen this person before, but he was visibly angry. When I went into the bar the man stated, “pay me or I will kill you”. I then saw Scott point a gun at the man and pulled the trigger. There was blood everywhere. A woman was bent down screaming, “he is dead”, “I am calling 911”. Scott was really shaken and scared. He was crying. I have known Scott since grade school. He is not a murderer. He is just a drunk. I have made this statement of true mind.
answer the following:
Assuming Mayo is found guilty at trial, what would you recommend as an appropriate sentence for Mayo? Please answer this question from both positions of being the prosecutor and the defense attorney representing Mayo. Discuss why and make sure to support your thoughts with legal analysis.
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After a defendant is found guilty, there is the sentencing and appeal pha appeared first on Versed Papers.