Case Study

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Case Study: “Letting the Big Ones Get Away – A Focus On Ethics” crashn Criminal Justice (CCJS100 Section 7980) – April 22, 2012 The case, as presented in the syllabus and the text book (Fuller, 2010), is very slim on the actual facts of the case. The first step the prosecutor should take is to investigate other factors concerning the discovery of the cocaine. Some questions the prosecutor should ask are: where exactly in the house were the drugs found? Where they in or on the drug dealer? Where the drugs located in the common area of the house? Where the drugs in the private area of the girlfriends bedroom? Where they in her purse? These are important questions, as this is a case about possession of the drugs themselves? Additional questions the prosecutor should seek answers to are: how long had the police been watching the dealer? Did they have him under surveillance and saw him purchase or pick-up the drugs? Did they follow him to the girlfriend’s house and witness him entering the house with the drugs? Did they raid her house as a coincidental matter of timing? If so, the police could have stopped him on the street before entering the house; which in that case there would be no evidence linking the girlfriend to the cocaine. Another important aspect to this case is the length of time the two had been dating. If this case had happened in the District of Columbia, and the couple had been living together for a period of time and had presented themselves as married (Solot & Miller, 2012), then they could be considered married. If that were the case, then the conditions of spousal privilege would apply and the prosecutor could not compel the common law wife to testify against her common law husband. Prosecutorial discretion gives the prosecutor a wide range of latitude in deciding what charges should be brought and against

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