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Part -1: Arrest to Arraignment

REVIEW QUESTIONS
(COMPLETE & SUBMIT) Respond to the Review Questions. Ifyou do not write out the question, a lead-in statement is required Submit your responses with the respective Lesson.

1. The massive increase in law enforcement efforts directed against drug use is clearly overloading the criminal courts. Is the effect of this legislation on case processing justified? In other words, do you agree or disagree with the increased law enforcement efforts regarding drugs, such as harsher automatic sentences? Why or why not?

2. What consequences could be expected if grand juries were required to follow adversarial procedures?

Part -2: Bail

Respond to the Review Questions. If you do not write out the question, a lead-in statement is required Submit your responses with the respective Lesson.

1. The conflicting theories of bail have led to a long¬standing disagreement over the purposes of bail. On one hand, should society grant a pretrial release to a defendant who is probably guilty? On the other hand, American law has a long history of trying to tame the possibility of misuse of official power and refuses to allow officials to detain anyone merely accused of a crime, except under very limited circumstances. Do you support the limited or expanded use of bail in the American criminal justice system and why?

2. The use of bail bondsmen is a hotly debated topic in the criminal justice system. The court system relies heavily on their existence to keep down jail overcrowding and assist in the processing of defendants. The use of bail bondsmen has been attributed to local corruption of the court system and other unsavory practices. Should bail bondsmen be used in the criminal justice system? Why or why not?

Part -3: Disclosing and Suppressing Evidence

REVIEW QUESTIONS
(COMPLETE & SUBMIT) Respond to the Review Questions. If you do not write out the question, a lead-in statement is required. Submit your responses with the respective Lesson.

1. Define the exclusionary rule. What purpose is it designed to achieve? What are the arguments in favor of the rule? What are the arguments against the rule? What would be the likely impact of abolishing the exclusionary rule?

2. The Supreme Court has established a narrow good faith exception to the exclusionary rule that only applies when the police in good faith obtain a warrant that later proves to be defective. The High Court has not established an overall blanket good faith exception. Why? Discuss the possible impact of a general good faith exception to the rule? How might such an exception influence police behavior?

Part 4: Negotiated Justice and the Plea of Guilty

Respond to the Review Questions. If you do not write out the question, a lead-in statement is required. Submit your responses with the respective Lesson.

1. In a criminal justice system that places the adversarial trial at the heart of its system, is plea bargaining a legitimate practice? Outline the major arguments for and against the use of plea bargaining and then state which argument you find more compelling and why.

2. The courtroom work group actors are involved in various ways with plea bargaining. Who has the most power in plea bargaining? Do you agree with this placement of power? Why or why not? Who should have the greatest power/role in plea bargaining?

Part 5: Trials and Juries

Respond to the Review Questions. If you do not write out the question, a lead-in statement is required. Submit your responses with the respective Lesson.

1. Although jury trials are often seen as a hallmark of the American legal system, many scholars argue for the abolition of juries. Instead, these scholars argue that trials should be tried before the judge alone, or a panel of judges. Has the American jury become obsolete? Outline the principal arguments for and against the use of juries in trials, and then state which argument you find most convincing and why.

2. In some European countries, pretrial publicity is banned. The media is not allowed to report on criminal proceedings until the defendant is convicted. One main reason for this practice is an attempt to limit possible prejudicial pretrial publicity. Should the United States adopt this practice? Why or why not?

Americas Court and the Criminal Justice System by David W Neubauer ISBN: 13: 938-0-495-09540-8

Business Law & Ethics, Finance

  • Category:- Business Law & Ethics
  • Reference No.:- M92793627
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