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Please answer these two questions by very very very short answer:
Option #1 You are a prosecutor in a jurisdiction that does not use the grand jury system. An elderly man has administered a lethal dose of sleeping pills to his wife, who was suffering from Alzheimer’s disease. He calmly turns himself into the police department and freely acknowledges what he has done. The case becomes a front page story in the local newspaper. It is entirely up to you to charge him with murder or not.
What would you do and how would you come to your decision?
Option #2 You are a member of a jury. The case is a child molestation case where the defendant is accused of a series of molestations in his neighborhood. You have been advised by the judge not to discuss the case with anyone outside the courtroom and especially not to talk to anyone on either side of the case. Going down in the elevator after the fourth day of the trial, you overhear the prosecutor talking to one of the police officer witnesses. They are discussing the fact that the man has a previous arrest for child molestation but it has not been allowed in evidence by the judge as being too prejudicial to the jury. You were pretty sure the guy was guilty before but now you definitely believe that he is guilty. You also know that if you tell the judge what you heard, it will probably result in a mistrial.
What would you do and how would you come to your decision?