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Elementary,Middle School,High School,College,University,PHD
Teaching Since: | Jul 2017 |
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George Jones is a 45-year old who has two felony convictions:  one for robbery and one for assault with a deadly weapon.  In 2007, he stole some items worth about $100 from a Wal-Mart.  Jones has admitted stealing the merchandise.  Under the state's criminal code, his conduct qualifies as petty theft, which is a felony.  However, there is another provision in the Code for Misdemeanor theft.  Please address the following questions.
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1.  If you were the prosecuting attorney in this case against Jones, would you file felony charges against him?  Why or why not?
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2.  Would your answer to #1, above, change if you knew that charging a felony would count as a third strike under the Criminal Code, so that Jones would be subject to a sentence of 25-years-to-life?
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3.  If you were the judge in Jones's case, would you grant the defendant's motion to dismiss the felony charge and accept a proposed guilty plea for misdemeanor theft, which could result in a sentence of up to one year in the county jail?   Why or why not?
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