Real-Life Decision Making
Today, you must decide how to handle a criminal case in which you believe
the police may have made some serious errors. At issue is some key evidence.
Three people have been arrested on charges of possessing and selling drugs.
The arrests were made after a police officer made an undercover drug buy from
the suspects. But the defense attorneys have questioned the nature of the
drug buy, saying it didn't meet the legal guidelines. The defense claims the
undercover police officer entrapped the suspects by approaching and asking
to buy drugs.
You must decide not only whether the evidence of the drug buys will be
admissible in the upcoming trial, but also whether the case before you should
even be sent to trial.
The prosecution argues that in order to stem the tide of illegal drugs
on city streets, it's necessary to use aggressive tactics. They acknowledge
that there are some questions about the drug buys, but maintain there's enough
evidence from other sources to warrant a full trial.
The defense, however, says that the drug buys were unconstitutional and
should be thrown out. Without that evidence, they say, the prosecution has
no case.
You retire to your chambers and review the case. The drug buy did come
under questionable circumstances and you believe there's a good chance that
if the evidence is allowed to remain in the case, an appeal to a higher court
would likely throw out any ruling. That would be a waste of the court's time
-- and the court is already pressed for time.
However, there may be enough solid, uncontroversial evidence without the
drug buys to allow a trial to go forward. The case folder includes surveillance
records, eyewitness statements and hard evidence -- including drugs and cash
seized in a raid.
You send a bailiff out to the courtroom to tell all parties to be ready
for your ruling at 2 p.m. What will you tell them?