CJUS 4010:001 Latinos and the Criminal Justice System
Spring 2009, Thursday 5:30-8:30PM
State of Tennessee v. Walter Pablo
Assignment 4 – Due April 16
Case details: State of Tennessee v. Walter Pablo (No. W2007-02020-CCA-R3-CD), Court Criminal Appeals,
Opinion by: David B. Hayes
Background: In Shelby County, when an individual who has no criminal record gets charged with a DUI
(driving under the influence), the standard procedure is to agree on a guilty plea with the prosecution. A DUI is a
class A misdemeanor and carries a maximum sentence of 11 months 29 days in jail, plus costs and fines. Usually
the defendant pleads guilty to the 11/29, gets credit for the time spent in jail, and the remainder of the sentence
for the defendant is completed on probation. Depending on the judge, the defendant also pays the court costs,
goes to driving safety school, alcohol safety classes, and might be required to attend a certain number of AA
meetings.
In this assignment, students will analyze the case of Mr. Walter Pablo, a Mexican national with no criminal or
driving record. Mr. Pablo’s attorney, a veteran of the courts, followed the standard procedures. He worked out a
plea deal with the prosecution. Shortly thereafter, Mr. Pablo and his attorney went to court for his client to
introduce a guilty plea through the Spanish speaking interpreter. Then - things took a different turn. Each student
will be provided a copy of the seven (7) page decision details the steps that led the judge to deny probation based
on the fact that the defendant was an illegal alien.
Assignment: Address the following questions and issues in complete detail. Undergraduates should do #7, #9,
#10, #12, and #15 ONLY/. Graduate student should answer all fifteen. All questions should be answered in
your analysis thoroughly. Feel free to cite: articles of the US Constitution, constitutional amendments, United
States and TN Supreme Court decisions, treaties of the United States, executive agreements, state laws, municipal
ordinances, the Bible, etc. Your analysis should be supported by facts and the appropriate legislation.
Grammatical errors will be taken seriously and will affect your final grade.
Analyze the following issues:
1. Constitutional rights of Mr. Pablo (Substantive and procedural due process)
2. TN constitutional rights of Mr. Pablo
3. Can Mr. Pablo represent himself?
4. Did the judge exceed the scope of this jurisdiction?
5. What is the role of ICE?
6. Is Mr. Pablo entitled to this hearing in Spanish or English? Why or why not?
7. What are the relevant implications contained in the Immigration and Nationality Act?
8. As an illegal alien what is Mr. Pablo entitled to?
9. If you were a pro-immigrant group leader? How would you encourage the judiciary to review and
remand same matter decisions? (reasons and facts)
10. If you were an anti-immigrant group leader what would be your argument to convince the judiciary
impose these and more severe decisions on all illegal aliens?
11. What are the pros and cons of incarcerating all illegal aliens?
12. Should illegal aliens be placed on probation? Why or why not?
13. What do you suggest the Judiciary do with illegal aliens?
14. Should illegal aliens be a protected class? Who determines it?
15. Should the Miranda rights been given to Mr. Pablo in Spanish? So was he lawfully arrested?
