New York Con/Crime Law

Scott Mayo worked as a bartender at The Local Watering Hole. One night at work, Scott got into an argument
with Basil Scowen. Mayo owed Scowen $1500.00. The argument heated up and, after Scowen picked up a
beer bottle threateningly and appeared to be intoxicated, Mayo grabbed a pistol kept behind the bar and fired
at Scowen, killing him. Mayo says Scowen told him, “I am going to kill you,” and what he believed was
imminent danger from Scowen. Mayo was placed under arrest. He was not read his rights. He was transported
to the local county jail. The prosecution witnesses are the police officer, who came to the scene and took
statements from Mayo, and a frequent bar customer, Dawn Dietz, who witnessed some of what happened. The
defense witnesses are the defendant, Mayo, and Joe, “the fireman”, who was outside and saw some of the
action through the window while sitting on the patio.Scott Mayo worked as a bartender at The Local Watering
Hole. One night at work, Scott got into an argument with Basil Scowen. Mayo owed Scowen $1500.00. The
argument heated up and, after Scowen picked up a beer bottle threateningly and appeared to be intoxicated,
Mayo grabbed a pistol kept behind the bar and fired at Scowen, killing him. Mayo says Scowen told him, “I am
going to kill you,” and what he believed was imminent danger from Scowen. Mayo was placed under arrest. He
was not read his rights. He was transported to the local county jail. The prosecution witnesses are the police
officer, who came to the scene and took statements from Mayo, and a frequent bar customer, Dawn Dietz, who
witnessed some of what happened. The defense witnesses are the defendant, Mayo, and Joe, “the fireman”,
who was outside and saw some of the action through the window while sitting on the patio.
1) If you were the defense attorney representing Mayo would you try to negotiate a plea agreement on his
behalf or go to trial?
2) The prosecutor is given a lot of discretion in the criminal court process. If you were the prosecutor would you
try to negotiate a plea agreement or go to trial? Discuss why and make sure to support your position. Also,
discuss the pros and cons to each

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