Answer to Question 1
b
Answer to Question 2
The possibility of a trial greatly influences negotiations and the courtroom work group. Trials are a costly and time-consuming means of establishing guilt. Yet, most cases do not have significant factual or legal issues. Most of the weak cases have already been weeded out of the system. For those that remain, the work group has developed norms about normal cases and normal sentences. Based on these considerations, all members of the courtroom work group have a common interest in disposing cases and avoiding unnecessary trials. In a case where a defendant insists on going to trial, a defense attorney must assess the following: (1) the likely outcome at trial, (2) the offer presented by the prosecutor, and (3) a defendant's possible willingness to accept a plea deal. If a conviction is likely, the defense attorney must explain the evidence, piece by piece, to the client and inform him/her about the likely testimony in court and how the jury might view the evidence. The defense attorney is also obligated to share with his/her client any offer made by the prosecutor. In the end, the client makes the decision on whether or not to accept a plea deal and his/her lawyer must go along with the decision. Defense lawyers prefer not to take garbage cases to trial because they may incur the wrath of the judge and the client may be given a jury trial penalty. Lawyers must advise their clients of this possibility.
Ellsworth Kelly, Three Panels: Orange, Dark Gray, Green.
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