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criminal law
Criminal Courts A Contemporary Perspective 4th Edition Craig T. Hemmens, David C. Brody, Cassia Spohn - Solutions
Take into consideration the cases cited in the discussion of “playing the race card” and pay close attention to the years in which the cases occurred. Are you surprised that such discrimination emerges in contemporary courtrooms? How do you feel about attorneys“playing the race card” during
Do you believe that individuals such as the defendant's spouse, priest, doctor, or lawyer should or should not be compelled to testify against the defendant? What are the arguments in favor of designating these“privileged communications”? What are the arguments in favor of forcing these
What is the difference between a challenge for cause anda peremptory challenge? Why is the use of the peremptory challenge controversial?
Why are there so few trials and so many plea bargains?
What is the purpose of discovery?
What is the purpose of bail?
Do you think plea bargaining should be eliminated? Why or why not?
What are the types of pleas, and how do they differ?
Explain how the legal sufficiency charging policy and the trial sufficiency charging policy would produce different outcomes in criminal cases.
What factors influence prosecutors’ charging decisions?
What are the “focal concerns” that guide prosecutors’ charging decisions?
What is the difference between an information and an indictment?
What is the meaning of probable cause?
Is jury nullification always a bad thing? When might it be a correct outcome?
If a jury serves as the conscience of the community, what can jurors do if they feel that applying the law would bring about injustice? Should they simply disregard the law and vote based on their own belief?
Given the low level of juror yield rates, what else do you think should be done to improve the level of citizen participation?
Should jurors be provided a copy of the jury instructions? What do you see as the advantages of giving these to them? Disadvantages?
Should there be greater attention paid to the racial and gender makeup of a jury to ensure that it reflects every viewpoint of the community?
Should jurors be allowed to take notes, or can this distract them from what's going on in the trial?
Should statutory exemptions for serving ona jury be declared illegal on a nationwide basis rather than letting each state choose whether to have this type of law?
Should all verdicts be required to be unanimous or only a substantial majority? What are the advantages and disadvantages to both?5, What are your thoughts on the “key-man”system for selecting juries versus current methods?
What are your thoughts on the way the Supreme Court has attempted to define what constitutes a serious offense versus a petty crime? Should there be a more concrete definition?
Should the right to a trial by jury be limited to only serious offenses, or should it be guaranteed regardless of the level of offense?
Should juries be given less discretion to interpret evidence and establish the facts of the case? How do you ensure that a juror doesn’t get influenced by the media?
Why might people be opposed to a Victims’Rights Amendment to the U.S. Constitution?
Should the Supreme Court consider the practical implications of its Confrontation Clause decisions?
Can you think of a circumstance when a defendant's rights and the rights of a victim may come into conflict? What should a court do in such a situation?
Why is cross-examination of prosecution witnesses such an important right?
What might explain the long period of time it takes to complete criminal prosecutions?
Is it fair to try a defendant in absentia? What are some possible alternatives?
Given that most judges were attorneys who specialized in only one or two areas of law, should they be required to learn (take classes on) other areas of law?
The chapter speaks of state programs and the National Judicial College, which provides training to judges to help them be more effective on the bench. Should participation in these programs be mandatory for all first-time judges?
Which system for selecting judges do you find achieves the best balance of accountability and judicial independence:pure appointment, election, or merit selection? Why?
Which interest do you think is more important when determining how to select judges: judicial accountability or judicial independence?
lf all judges were appointed, how would the public be able to hold them accountable for the rulings they make?
Do you think judges should be elected at all considering that most of the public is not educated in the ways of the legal system?
Which system of electing judges, partisan or nonpartisan, do you think is better for preserving the goals of the judicial system?
Do you think that there should be more cooperation or sharing of administrative responsibilities either among the court staff or among judges to improve the scheduling and timing problems?
What do you think should be done to make trial judges more accountable when they fail to adequately ensure that the rights of the accused are safeguarded? Should the public have a say in the sanctioning of judges?
The notorious trial of Sam Sheppard is discussed in the chapter as an example of the failure of a trial judge to adequately perform his duties. What kind of impact do you think a case such as this has on the public’s perception of the judiciary?
Do you think that if a client can afford representation, that client should be forced to hire private counsel to reduce the workload that public defenders face?
Do you think some form of counsel should be provided for every offense? For example, should it be required that an attorney be available for advice on how to proceed with a traffic infraction?
Should clients be allowed to play more of a role in strategizing their case? What if you were an attorney and you knew that it would be better for your client to plea out, but your client insisted on bringing the case to trial- how would you balance your personal belief with your ethical obligation?
Should the court be allowed to refuse to allow an attorney to represent someone?
Given that indigent defendants have no right to choose the counsel that is appointed to them, what do you think should be the solution if they do not like the attorney appointed them or cannot work with them? Should new counsel be provided?
Do you think the two-pronged test announced in Strickland v. Washington (1984) creates too high of a standard by which to judge the effectiveness of assistance of counsel?
If you were a defense attorney and thought that your client was guilty, how would you weigh this against your duty to ethically represent your client and safeguard this person's rights?
Given that research shows that there is little difference in the outcome achieved when a client is represented by a private attorney as opposed to an appointed one. why would someone prefer to hire counsel? What advantages do you see between the two?
Do you think more of an effort should be made to increase public perception of public defenders given the amount of criticism they receive?
Which system do you think ensures that the best possible representation is provided to indigent defendants-assigned counsel, contract, or public defender?
Which contract attorney program, either fixed price or fixed fee, do you think is better?Can you think of any other way that a contract program could operate?
Which assigned counsel method do you find to be the better method for appointing lawyers?
What do you think of the ability of judges to choose the attorney who will represent an indigent defendant in the ad hoc assigned counsel system? Should there be some other method to ensure that judges don't funnel work to preferred lawyers?
Given that 90% of criminal defendants are indigent, do you think more of an effort should be made to increase the money that is paid to counsel appointed to represent these people to ensure that they receive competent representation?
Do you think the rule announced in Scott v.Illinois (1979), that a defendant may not be sentenced to jail or prison unless he was represented by an attorney or voluntarily waived his right to counsel, is good for the judicial system, or is it too difficult to implement?
In Griffin v. California (1965), a case involving the rape and murder of a woman ina dark alley, the Supreme Court considered whether the following arguments by the prosecutor constituted prosecutorial misconduct and violated the defendant's rights:“The defendant certainly knows whether Essie Mae
Is it fair to allow prosecutors to determine what evidence is exculpatory? What alternative methods [if any} would be better?
What effect does being a member of the courtroom workgroup have on the way assistant prosecutors perform their jobs?
Of the three models of prosecuting cases—horizontal model, vertical model, and mixed model—which do you think would be most appropriate for the prosecutor's office where you attend school?
In your opinion, should prosecutors’ offices have to explain to the public why they declined to file charges in cases? What would be some ramifications of such a requirement?
What factors should voters consider in deciding if a prosecutor should be reelected?
Do you think local prosecuting attorneys should be elected or appointed? What are the pros and cons of each selection method?
What role should politics play in the selection of U.S. attorneys?
What is the purpose of a grand jury?
List the steps involved in pretrial proceedings in the order that they occur after arrest.
What is the Judiciary Act of 1789, and what did it do?
What are the three different types of functions courts provide?
What is voir dire?
Briefly explain the different types of appeals.
What is the Missouri plan, and how does it work?4, Whenatrial begins, which side presents its case first, and why?
How does a case get to the Supreme Court?What is the basis for acceptance of an appeal?
Explain the concept of jurisdiction, and give four examples of the different types of jurisdiction.
Explain the differences between civil law and common law.
Explain the M’Naghten rule.
What is an excuse defense? Give five examples and explain.
What is a justification defense? Give three examples and explain them.
Name and explain the different standards for the burden of proof.
How does the civil law differ procedurally from the criminal law?
What are the major categories of crimes, and how are crimes classified?
What is the difference between an excuse defense and a justification defense?
What are the five elements of the corpus delicti, and why must each be proven?
What are some of the prominent limitations on the criminal law?
Why does the standard of review matter in constitutional law?
How has the Supreme Court interpreted the Second Amendment in recent years?
Using strict scrutiny review, under what circumstances can a state abridge fundamental rights?
How has the Due Process Clause of the Fourteenth Amendment been applied by the Supreme Court?
How has the Equal Protection Clause of the Fourteenth Amendment been applied by the Supreme Court?
Given the Supreme Court's "discovery" of penumbras in the Bill of Rights such as the right to privacy, should this right be extended to assisted suicide for terminally ill patients and/or access to marijuana for medical purposes? Why or why not?
What are the different standards of review in constitutional law, and when are they used?
Why was the Bill of Rights adopted, and what rights are contained in it?
How did the Bill of Rights come to be applied to the individual states?
What are the primary sources of law?
What are some of the benefits of the common-law approach?
Why is Marbury v. Madison such an important decision?
Explain the concept of judicial review.
Relate the rule of taw to Packer’s models of criminal justice.
Why is law sometimes at odds with justice?Give an example.
Would you choose to live under a brutal dictator such as Hitler, Stalin, or Saddam Hussein or suffer the chaos of a society without any kind of law?
|n what ways can conflict be beneficial to a society? Can conflict actually support consensus?
Do you believe that the “ruling class” (decide for yourselves who these people may be]unfairly pass laws favorable to themselves and detrimental to the rest of us? If they do, what can we do about it?
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