The supreme court upon review of the case agreed that

This preview shows page 3 - 4 out of 6 pages.

The Supreme Court, upon review of the case, agreed that if one occupant refuses consent, the consent of another occupant does not override (SCOTUS, 2006). The scenario explains that the state attorney’s office has filed notice to pursue a capital murder case against the first suspect, Chapman, with a possible death penalty. The scenario Running Head: DISCRETION OVERVIEW 4
Image of page 3

Subscribe to view the full document.

further explains that the state attorney is not pursuing a capital case against the second suspect, Hopkins (CTU, 2017). The law covering criminal responsibility in Utah is clear that all parties involved in a murder are just as culpable as the person that actively pulls the trigger. The prosecutor, acting within his scope of discretion, could approach Hopkins and offer to pursue lessor penalties against him since he did not actually commit the murder if he cooperates. The state attorney would use his discretion to decide which charges, and possible penalties, to pursue against both suspects. For Chapman, his refusal to cooperate with law enforcement during the investigation, his previous violent record, his drug and alcohol use, and his lack of remorse for the crime influenced the prosecutor’s decision to pursue the death penalty. For Hopkins, the prosecutor used his discretion and considered the suspect’s diminished role in the crime, his willingness to aid investigators, and his remorse for the crime. As a result of these factors, the prosecutor, with his discretion, filed charges for an aggravated murder case with the penalty of life in prison. The State of Utah views Hopkins equally responsible as Chapman, even though Chapman was the one to kill the victim. Therefore, the prosecutor used his discretion to “reward” Hopkins for his diminished role, his aid to police, and his remorse.
Image of page 4
You've reached the end of this preview.
  • Spring '16
  • Fourth Amendment to the United States Constitution, investigator, prosecutor

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern