1. If you were the defense attorney representing Mayo would you try to negotiate a plea agreement on his behalf or go to trial?

If I was the defense attorney representing Mayo, I would try to negotiate a plea bargain. Mayo is guilty of shooting Scowen. There is no strong evidence supporting Mayo being in imminent danger. Mayo also made contradicting statements as to why he shot Scowen. In the summary of facts, Mayo said Scowen told him “I am going to kill you” and Mayo felt imminent danger from Scowen. In the police report, the officer stated that Mayo stated “I am sorry. I was angry, but he deserved it”. In Mayo’s statement, he said that Scowen told him that if he did not give him the money, he was going to kill him, and he was scared he was going to kill him. In Joe the Fireman’s statement he said that Mayo was a drunk. All these statements all support the prosecutors with convicting Mayo. There is not much evidence supporting that Scowen had the intent to kill Mayo or attempted to do so before being shot and killed. Accepting a plea agreement, in my opinion, would reduce the conviction from murder to maybe manslaughter or lessen the sentence given to Mayo for shooting and killing Scowen.

  1. The prosecution is given a lot of discretion in the criminal court process. If you were the prosecutor would you try to negotiate a plea agreement or go to trial? Discuss why and make sure to support your position. Also, discuss the pros and cons of each.

If I was a prosecutor, I would also try to negotiate a plea agreement. I feel that there is enough evidence presented that I stated for a guilty verdict and conviction. So why not offer a bargain to reduce the time and money that would be spent taking this case to trial. The pros to a plea agreement would be a for certain guilty verdict and speedy case.

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