Assuming Mayo is found guilty at trial, what would you recommend as an appropriate sentence for Mayo? Please answer this question from both positions of being the prosecutor and the defense attorney representing Mayo. Discuss why and make sure to support your thoughts.
First and foremost, Mayo will not be charged or find guilty of murder, keep in mind, in order to prove murder the prosecution has the burden to prove intent and reasoning behind the charge; in Mayo’s case although he did shot and killed Scowen but I do not see any intentional killing, I believe that he had to do it because of the gravitation of the situation. With that being said, assuming Mayo is found guilty of involuntary manslaughter or manslaughter in the second degree, in most states that carries a sentence three to fifteen years, looking at Mayo’s “rap-sheet” this is his first serious offense, I would have recommended the minimum which is five years. On the other hand, as a defense attorney, I would have agreed with the recommendation of the minimum sentence due to the fact that Mayo is not a recidivist, he does not fall in the “3-strike” law, he was not left any other choice but to defend himself against Scowen who brandished a beer bottle, whether whole or broken, he was forced to a corner and in an effort to stop the aggression of the victim, he shot him; with all that being said, at the end of the day someone still lost its life and there should be consequences and after reviewing all these facts, I would agree with the five year sentence, which is the minimum in most states for involuntary manslaughter.
2) Would there be a mandatory-minimum sentence at issue in this case? Discuss why.
Minimum sentences are usually set for minor charges, most mandatory minimum sentences apply to drug offenses, but Congress has also enacted them for other crimes, including certain gun, pornography, and economic offenses
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