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Section 2: Short Essay Questions
11. Please watch this video clip: https://www.cbsnews.com/news/mandatory-minimum-sentencinginjustice-served/. After doing so, please respond to the following prompts: (20 points total)
(a) Explain at least four of the commonly articulated ‘goals’ of incarceration. (1 or 2 paragraphs) (5
points)
(b) What is the legal or societal purpose of ‘mandatory minimum sentences’, generally, and when did
they become a popular function in the American sentencing scheme? (1 paragraph) (5 points)
(c) Since Lee Wollard’s sentencing, the Florida Supreme Court has repudiated mandatory minimum
sentences with respect to the crime(s) he was convicted of. Unfortunately, this repudiation doesn’t
apply retroactively. Therefore, Lee will not be released as a result. Should it apply retroactively? Should
this be true of all ‘changes or evolutions in the law’? Think about Charles Manson, as an example! (2 or
more paragraphs) (10 points)
12. Should plea-bargaining be banned? Why? Be specific. If not, what alternatives might be
implemented? There is no “right answer” to this question. Please be clear with your position and make
sure to fully reason the “whys.” (2 or more paragraphs) (10 points)
13. http://www.npr.org/2011/10/31/141730624/high-court-considers-when-bad-lawyers-taint-a-case.
Galin Frye was charged with multiple counts of driving with a revoked license. During discovery,
prosecutors offered to reduce the severity of Galin’s charges if he pled guilty and served a 90-day jail
sentence. This offer was never communicated to Galin and, as a result, he pled guilty in open court and
was sentenced to three years in prison. He argued on appeal (before the U.S. Supreme Court) that part
of any defense is the conduct of plea negotiations and his lawyer’s failure to tell him of the prosecutor’s
plea offer denied him the effective assistance of counsel guaranteed by the U.S. Constitution. As it turns
out, The Court agreed! You can read (and hear) the Court’s opinion here:
http://www.oyez.org/cases/2010-2019/2011/2011_10_444.
Please discuss whether the Court decided this case correctly. Why? Be specific. (2 paragraphs) (20
points)
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