Scenario: Jed, Herman, and Jane live in Washington, D.C. Jed and Jane entered the local bank and took $65,000. Jed and Herman both used shotguns during the robbery, though no one was hurt. Jane drove the getaway vehicle. Two hours later, as they headed toward the Canadian border, they were stopped by the police for speeding and taken into custody. The police determined that Jed and Jane matched the eyewitness descriptions of the robbers. Jane confessed their bank robbery scheme. Jed and Herman denied their involvement.
The police only recovered $25,000 in cash, but were unable to determine if the recovered money was taken from the bank. The police determined that Jed was a convicted felon at the time of the armed bank robbery. The local police and FBI were involved in the investigation. The defense attorneys for each defendant (Jed, Herman, Jane) request a continuance for four months to sift through the evidence. The prosecution objects and argues that the delay would significantly clog the court’s already heavy workload. In the alternative, the prosecution argues that if the court grants a continuance, then the prosecution should be allowed to prolong turning over the remaining discovery. The defense attorneys object and argue that this hinders their effective representation of their clients and would hinder a prompt resolution. The defense attorneys further argue that their clients deserve a well prepared and thorough defense. The judge currently has trials blocked over the next 10 months and wants to try the case now.
Explain the applicable sentencing guidelines in the federal and state judicial systems for this scenario. Defend your response.
Determine how sentencing guidelines impact the functionality of a court system. Defend your response.
Describe the litigation process that would be used for this scenario at the state and federal levels.
How would you balance the prosecutor and defense attorneys’ concerns regarding continuances in this scenario? Defend your response.
Review the discovery laws in federal court. Determine if the prosecution’s requested discovery delay violates the federal laws. Defend your response.
Would you grant the prosecution’s request (assuming that you granted the four-month continuance)? Defend your response.