Discuss how prosecutorial and defense attorney use of discretion may influence your decision.

Imagine you are a lawyer representing an undocumented immigrant charged with drug smuggling. You believe that he has been set up by the police.

The prosecutor offered your client a plea deal with a punishment of 2 years in prison instead of the normal 10 years for the amount he was accused of smuggling if convicted by a jury. The evidence clearly did not reflect favorably on your client.

Would you advise your client to take the deal or insist on going to trial?

Discuss how prosecutorial and defense attorney use of discretion may influence your decision.