Assignment 4
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University of Massachusetts, Lowell *
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Course
1010
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by avavamvam
Ava Vamvakaris Prof. Burke
CRIM 101
11/12/23
1.
Steve Bright mentions that people often plead guilty to go home because they will get
probation. He then mentions that these people are often set up to fail? Why is that the case? In the context of criminal justice, individuals might plead guilty to a lesser charge in exchange for probation instead of going to trial and risking a potentially harsher sentence. While probation can be seen as an alternative to incarceration, it comes with its own set of challenges that may
contribute to individuals feeling set up to fail. 2.
What “trial penalty” was threatened in Charlie Gampero’s case? What did Charlie’s father say about the implications of the potential sentences that Charlie could receive if he went to trial vs. if he pled guilty? What decision did Charlie end up making, and what was his sentence?
The concept of the "trial penalty" refers to the harsher sentences that
defendants may face if they choose to go to trial rather than accepting a plea deal. In Charlie Gampero's case, his father, Joseph Weingrad, expressed concerns about the potential sentences Charlie could receive if he went to trial and was found guilty compared to the sentences offered in a
plea deal.
Joseph Weingrad believed that Charlie faced a significant risk of receiving a
much harsher sentence if he went to trial and was convicted. To avoid the possibility of a longer prison term, Charlie ultimately decided to accept a guilty plea. As a result, he was sentenced to 7 to 21 years in prison.
3.
According to Bruce Green (the legal commentator who discussed the Charlie Gampero case) was Charlie Gampero’s plea legally considered voluntary? Do you agree with what the law says on this matter, and why/why not?
It's challenging to form a personal opinion on whether Charlie Gampero's plea was legally considered voluntary. Legal opinions often require an in-
depth understanding of case-specific information. In general, the legal system aims to ensure that defendants make pleas voluntarily, with a full understanding of the implications. Suppose there are concerns about the voluntariness of a plea. In that case, it may be a matter for legal experts, including judges and defense attorneys, to assess within the context of the case's details.
4.
Describe the issues that the Texas Court of Criminal Appeals had with the Kerry Max
Cook case regarding the police and prosecution.
Forced Confession:
●
Cook said the police made him confess by using force. The court
worried that a confession obtained this way might not be trustworthy.
Weak Evidence and No Proof:
●
The court was concerned because there wasn't strong physical evidence linking Cook to the crime. They questioned if the evidence against him was reliable.
Unreliable Witnesses:
●
Some people who testified against Cook changed their stories later. The court was troubled by this and wondered if the witnesses were believable.
Bad Legal Help:
●
Cook argued that his lawyers didn't do a good job during the trial. The court looked into whether Cook got the right legal help for a fair trial.
Claims of Prosecutor Misconduct:
●
Cook said the prosecutors did things they shouldn't have during the trial. Accusations like hiding evidence can make the trial unfair. The court checked if these claims were true.
Long Legal Process:
●
The case took a really long time with many appeals and trials. The court questioned if this long process affected Cook's right to
a fair and quick trial.
5.
The documentary mentions several cases. Which of the cases covered in this documentary resonated with you the most? Was there any one case that stood out to you? What bothered and/or stood out to you most about this case?
Here are some key points related to Charles Gampero's case:
Guilty Plea Under Duress:
●
Charles Gampero pleaded guilty to the assault that resulted in John Weingrad's death. However, the documentary suggests that his guilty plea might have been made under duress, with the judge pressuring him to provide specific details about the crime.
Pressure to Confess:
●
The judge reportedly wanted Gampero to confess to more severe actions, such as stomping and kicking Weingrad while he
was on the ground. This could raise concerns about the voluntariness of the confession and the impact of pressure on the judicial process.
Effect on Sentencing:
●
The guilty plea and the details provided during the plea seem to have influenced the sentencing. The documentary suggests that the judge's insistence on a more detailed confession may have affected the length of Gampero's sentence.
Doubts and Additional Witnesses:
●
Over time, doubts emerged about Gampero's exclusive role in the assault. Witnesses came forward, testifying that other individuals were involved in beating and kicking Weingrad after Gampero had left the scene. This raises questions about the accuracy of the initial narrative presented during the legal proceedings.
Parole Denial:
●
Despite the emergence of additional witnesses and doubts about
Gampero's sole responsibility for Weingrad's death, his parole was denied. The documentary suggests that the parole board cited Gampero's status as a violent offender as a reason for denial.
Concerns About Justice:
●
The case of Charles Gampero highlights concerns about the criminal justice system, including issues related to plea bargains, the voluntariness of confessions, and the impact of legal pressure on outcomes.
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