ADMINISTRATION OF JUSTICE OBJECTIVE To review four fact patterns and craft an essay that answers questions based on the presented facts PURPOSE The purpose of this project is to give you the opportunity to review several fact patterns and apply what youve learned about justice administration when formulating responses to theses patterns. FACT PATTERNS Fact Pattern 1 Judge Lee is presiding over a burglary case in criminal court. The defense attorney, Marsha Smith, is a friend of the judge and belongs to the same political club. The prosecutor on the case, Frank Bailey, asks the judge to recuse himself and refer the case to another judge, based on the judges relationship with Ms. Smith. Judge Lee refuses to do so and states on the record that despite knowing the defense attorney, he feels he can still be fair and impartial in the matter. Judge Lee runs into Ms. Smith after a political club meeting and they discuss the facts of the case. The judge tells the defense attorney that it doesnt sound like a very strong case and suggests that she consider waiving a jury. Ms. Smith discusses the matter with her client, including her conversation with the judge, and they decide to waive a jury trial. Judge Lee finds the defendant not guilty after the nonjury trial. Fact Pattern 2 Probation Officer (PO) Holmes is responsible for supervising the probation of a local restaurant owner who was placed on probation for driving while intoxicated. Under the terms of the probationary sentence, the restaurant owner is required to refrain from going into any establishment that serves alcoholic beverages, including his own restaurant. Holmes visits the restaurant at least twice a week, where the owner personally seats him, serves him dinner, and shares a bottle of wine with him. PO Holmes never pays for the meals or the wine and doesnt file any violation-of-probation charges against the owner. Fact Pattern 3 Police Officer Jones pulls over a vehicle thats being driven by a 25-year-old female, Nancy Martin. The car was traveling at a high rate of speed through a school zone. Ms. Martin tells the officer that she already has two speeding convictions on her license and that a third will result in mandatory revocation. Officer Jones tells her that they could possibly work this out if she agrees to meet him later for dinner and drinks. Ms. Martin consents and gives the officer her telephone number. She drives away without receiving a speeding ticket. Fact Pattern 4 Assistant District Attorney Davis is in charge of prosecuting a robbery case. During the course of pretrial investigation, she uncovers a signed statement from an eyewitness to the robbery, who states that the defendant wasnt the person who committed the robbery. ADA Davis meets with the witness, who now tells her hes sure that the defendant is the robber and that the only reason he signed the statement saying that the defendant wasnt involved was because he was afraid. The prosecutor doesnt tell the defense attorney about the exculpatory statement and doesnt refer to it in court. Based on the eyewitnesss testimony, the defendant is convicted of the crime. ESSAY AND QUESTIONS After reviewing the four fact patterns, compose an essay that answers the following questions: 2. Does any of the conduct described violate the criminal law of your state of Maryland? If so, refer to the particular law involved and discuss the reasons for your determination. 3. Does any of the conduct described violate ethical canons or rules either on the federal or state level? If so, refer to the canons or rules and discuss the reasons for your determination. 4. Does any of the conduct described open the possibility of administrative disciplinary proceedings? If so, discuss the administrative issues presented, the conduct of the proceedings, and potential sanctions. Essay must be at least 750 words in length and include both an introductory and concluding paragraph.
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