CJA 225 Module 5 Assignment 1 LASA 2 Your State vs. Mark CJA 225 Module 5 Assignment 1 LASA 2 Your State vs

CJA 225 Module 5 Assignment 1 LASA 2 Your State vs.
Mark
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your-state-vs.-mark
Assignment 1: LASA 2: Your State v. Mark
Mark Davis has been charged with Driving While Intoxicated (DWI) for reckless driving,
speeding, four counts of felony assault, and one count of involuntary manslaughter as the result
of a crash that occurred on a night out with his friends. Mark has been out on bail and pleaded
not guilty when he was arraigned. The Judge set a date for Mark's trial and his defense team
has been working to collect information about the technology used by the Highway Patrol to
reconstruct the crash.
District Attorney O'Malley offered Mark a plea bargain, but Mark chose to take his chances at
trial. Mark's attorney, Mr. Chen Long, advised Mark that accepting the plea offer was
completely up to Mark, although Mr. Long advised against accepting it because the defense
planned to highlight mistakes made by law enforcement during the investigation that could
create reasonable doubt in the minds of the jurors.
The trial begins and during the voir dire of potential jurors, several individuals are excused
because they have previous knowledge of Mark's case from the media. Two individuals stated
that they could not be impartial because they had loved ones killed in alcohol related crashes as
well. Eventually, two men and ten women were seated in Mark's trial.
District Attorney O'Malley presented the State's case clearly and concisely depicting a night on
the town full of heavy drinking, which ultimately resulted in Mark's actions causing the death of
one individual and injuring four others. Highway Patrolman Green explained to the jury that he
immediately suspected alcohol when he arrived on scene because Mark appeared to be