$0.00 – $6.00
Ron Karp and Bruce Patton
Two-party plea bargaining negotiation between a prosecutor and the court-appointed defender for a man accused of abusing his wife, who refuses to sign the complaint against him
On answering a call from a concerned neighbor who overheard fighting and screaming, the police arrived at the home of the Malvenues. In their investigation, they saw bruises on Mrs. Malvenue, who stated that her husband had beaten her. George Malvenue was then arrested and charged with assault and battery. Mr. Malvenue, a gas station attendant, has a serious criminal record. However, his wife, who raises their four-year-old son, loves George and worries about making it without him, even though she is afraid of him. She has refused to sign the complaint. Mr. Malvenue's court-appointed attorney is about to speak to the prosecutor. They have different resolutions in mind, although avoiding a trial is something of a mutual concern.
This one-on-one negotiation can run 10-30 minutes. Videotaping and review is useful for building awareness of nonverbal communication.
- This case presents the lawyer's classic conflict of personal values and professional responsibility, and the analogous problem for society of deciding when to impose its views in interpersonal relations.
- Cooperative, competitive, and principled approaches can each lead to quite different outcomes, raising questions about which is better and why.
- The case is a good vehicle for exploring conscious and unconscious nonverbal communication. Such an exploration virtually requires videotaping.
Confidential Instructions for the:
- District Attorney
- Defense Attorney
Teacher's Package includes:
- All of the above
Attorney/Client relations; BATNA; Commitment; Compliance; Credibility; Emotions; Ethics; Fairness; Gilligan, two voices; Lawyering; Legitimacy; Objective criteria; Personality; Risk aversion
People v. Malvenue Attributes
|Time required:||30 minutes - 1 hour|
|Number of participants:||2|
|Neutral third party present:||None|
|Teaching notes available:||No|