Day 1: Description of the Problem
This problem is designed to acquaint you with the way in which the outcome of a case is negotiated within the criminal justice system, and the factors that affect the resolution of a criminal case. A car accident, described below, has resulted in injury and death and has led to the arrest of the driver. Each participant in a group will be assigned one of four roles (prosecutor, victim, defense attorney, defendant) and will work together with the participants who represent the other three roles to reach a decision about how to resolve the case. The group decision could be a negotiated plea, a decision to drop some or all charges, or a decision to go to trial on the original or reduced charges.
The Fatal Accident
On May 27, 1998, Sam Sad left his job at Grotto Pizza, stopped at the Deer Park Tavern, drank an undetermined number of beers with some co-workers over the course of an hour, and then began to drive to his Newark home. However, according to several witnesses, at the intersection of Routes 896 and 4, he ran a red left turn light and hit head-on a car coming the other direction. Madeleine Mad was driving the car, with her husband Mark in the passenger seat. Mark, who was not wearing his seat belt, was thrown through the front window and was killed by the head-on collision. Madeleine, who was three months pregnant at the time of the accident, was injured despite the fact that she was wearing a seat belt. She suffered a concussion and broken arm; furthermore, the day following the accident she began bleeding and had a miscarriage.
Skid marks indicated that neither car was speeding. Police smelled alcohol on Sam Sad's breath and conducted a blood alcohol test within one hour of the accident. Sam's BAC was .23, well over the legal limit. Police arrested Sam Sad at the scene.
Questions for Group Discussion:
Assignment of Roles; Identifying Priorities and Resources
The Defendant. Sam Sad is 28, and makes a modest living working full-time at Grotto Pizza while taking classes part-time at the University of Delaware. He has been married for five years, and has a wife and two small children, ages 3 and 1. His wife stays at home taking care of their two children, and has not worked outside the home since their first child was born. The family is totally dependent upon Sam for his income. They have very little savings; most of their money goes for rent, food, and clothing. It would be a financial disaster for the family if Sam were incarcerated and unable to continue working.
Sam has one prior DWI (driving while intoxicated) conviction, stemming from a drunk driving arrest in 1990, when a police officer pulled over Sam's car because of erratic driving. As a condition of probation on the prior charge, he successfully completed an educational program on drinking and driving. He has no other criminal record except for the prior DWI conviction.
The Defense Attorney. The Defense Attorney Defender is 33 years of age, and has recently opened his/her own practice after working 6 years as a Public Defender. The defense attorney has already developed a blossoming reputation in the local legal community as an ardent defender of clients, an attorney who will fight hard for them and go the extra mile. However, money is tight in the new firm; and the defense attorney's time is precious. The reality is that taking on a trial would seriously interfere with working on other more profitable cases.
The Victim. Madeleine Mad, 34 years old, is a University of Delaware graduate. At the time of the accident, she was working at MBNA, as was her husband. Madeleine has been devastated by her terrible losses stemming from the accident. She lost both her husband and her unborn baby and suffered injuries herself. She has been severely depressed since the accident and is seeing a psychiatrist for treatment. Furthermore, she has joined the advocacy group Mothers Against Drunk Driving, and is adamant that justice be done in her case. She believes that some period of incarceration for Sam Sad is essential as retribution for what he has done and as a deterrent for him and others who may drive drunk.
The Prosecutor. The Prosecutor is relatively new on the job,
having graduated from Villanova Law School just 3 years ago. He or she
has always wanted to be a prosecutor and to help victims of crime obtain
justice. Facing an upcoming election, the Attorney General is particularly
interested in showing that the office is tough on drunk driving. Our assistant
prosecutor wants to demonstrate that he or she has what it takes to be
promoted to a higher position in the office. At the same time, our prosecutor
has a heavy caseload and a trial would cause serious time problems and
delay in resolving other cases.
Each group will include a defendant, a defense attorney, a victim, and a prosecutor. You should review the role descriptions above and, as a group, decide who will take on each of the roles in this negotiation problem. (The problem is designed for four-person groups; in larger groups, participants can double up in specific roles.)
After you have selected your roles, the prosecution team (prosecutor and victim) and defense team (defense attorney and defendant) should meet separately to discuss the following issues:
Re-Grouping Exercise: Participants will form "role" groups (all prosecutors, all defense attorneys, all defendants, and all victims) to discuss their common interests, priorities, and ideas for resource searching.
Here is a starting list of online resources that provide background, ideas, or arguments for your negotiation.
Day 2: Case Negotiation in the Criminal Justice System
Prosecution and defense teams should first meet separately to exchange information each member of the team has gathered. Next, all group members should meet together and the prosecution team should present its initial charge to the defense team. Finally, group members should identify interests and negotiate to arrive at a final resolution of the case.
"http://www.udel.edu/inst/problems/negotiation/"
Last updated January 6, 1999.
Copyright Valerie P. Hans, University of Delaware, 1999.