Criminal Courts A Contemporary Perspective 2nd Edition Craig T Hemmens, David C Brody, Cassia C Spohn - Solutions

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Give one or two examples of how changing values and/or technology have led to changes in the law.
What do you think are the main differences between legal rules and other kinds of rules?
What do you envision as the future of problem-solving courts? Will additional types of courts develop in the years to come? If so, what types of courts might these be?
What are the pros and cons of prosecuting juveniles in adult criminal courts? Would you favor or oppose a “blanket rule” that all crimes involving youth under a certain age—say 16—must be adjudicated in a juvenile court? Why?
How do juvenile courts differ from adult criminal courts? What accounts for these differences?
If you were a local elected official and could choose whether to fund a community court, a homeless court, a mental health court, or a reentry court, which would you choose? Why?
Why did arrests for domestic violence increase following the implementation of the Lexington County (South Carolina) Domestic Violence Court?
How does the focus of domestic violence courts differ from that of drug treatment courts and other problem-solving courts?
How did the research design used by Gottfredson et al. (2003) improve upon the research design typically used to evaluate drug treatment courts? What did their evaluation of the BCDTC reveal? (See “Current Research.)
Assume that you have been asked to evaluate the effectiveness of a specialized court.How would you measure the court’s success?
How does restorative justice differ from the other utilitarian perspectives on punishment? How are the principles of restorative justice incorporated into problemsolving courts?
What are the advantages of adjudicating cases—for example, domestic violence cases or cases involving defendants with mental health problems—in a specialized court? Are there any disadvantages to this approach?
How do specialized courts, such as drug treatment courts, differ from traditional courts? What do you think is the most important difference between these types of courts?
Explain the types of appeals discussed in this chapter that are guaranteed by the Constitution. Do those convicted of crimes have the right to at least one appeal? If so, who guarantees this right?
Why is it important for prosecutors to have the ability to file an interlocutory appeal?
What types of cases are heard by the U.S. Supreme Court? What functions does the U.S. Supreme Court serve?
Describe the processes by which a state case can make its way to the U.S. Supreme Court (see the “Warren McCleskey’s Odyssey” box).
What is the “harmless error rule,” and how does it affect the appellate process? In your opinion, does the rule have a positive or negative effect on the quality of justice meted out in criminal courts?
Most criminal appeals are not heard by the U.S. Supreme Court. Why do you think that the Court agreed to accept Clarence Earl Gideon’s in forma pauperis petition for a writ of certiorari?
Do you agree or disagree with the Supreme Court’s restrictions on the use of the habeas corpus petition? Why?
How does habeas corpus differ from a direct appeal? Can anyone convicted of a crime petition for a writ of habeas corpus? What are the advantages/disadvantages of the use of habeas corpus?
Why is the writ of habeas corpus referred to as “the Great Writ”?
What is the double jeopardy clause? How does it affect the appellate process?
What purpose do appeals serve in criminal cases? Why is this important?
Why is sentencing referred to as an “inexact science”? Could it be made more“exact”? Should it be?
Is it legitimate for judges to impose a trial penalty or jury tax on defendants who refuse to plead guilty? What are the arguments in favor of the trial penalty? Against the trial penalty?
Should judges take the characteristics of the victim or the relationship between the victim and the offender into consideration when determining the appropriate punishment? Why or why not? According to research on the death penalty and on sentencing decisions in sexual assault cases, do judges take
What explains the fact that offenders convicted of crimes in the United States are sentenced more harshly than those convicted of crimes in England and Wales?
What are the “key determinants” of judges’ sentencing decisions? Why are these two factors so important?
How do researchers “model” the sentencing process?
What are the most common types of sentences imposed by judges in state and federal courts in the United States? Why are intermediate sanctions used so infrequently?
Why did Judge Lynch conclude that the sentence he was required to impose on“Eddie” was “unjust”? Do you agree or disagree with his conclusion?
What problems do each of the philosophical perspectives on sentencing—retribution, deterrence, incapacitation, rehabilitation—encounter in attempting to determine “how much to punish”?
According to retributive theory, why do those who violate the law deserve to be punished?
How would a judge using a retributive justification for punishment answer the question, “Why do we punish those who violate the law?” How would a judge using a utilitarian justification answer the question?
Why do you believe criminal trials in the United States follow such an orderly sequence of events such as that described in this chapter?
Do you agree or disagree with Paul Butler’s call for “race-conscious jury nullification”?What are the dangers inherent in allowing jurors to nullify the law based on the race of the defendant?
Should juries be notified by the judge that they are allowed to nullify the law? Are there situations when jury nullification can be justified? Where it produces injustice rather than justice?
What problems could arise from requiring all juries to return a unanimous verdict in order to convict an individual of a crime? Allowing nonunanimous verdicts?
Should jurors be allowed to base a decision to sentence an offender to death rather than to life in prison on predictions of future dangerousness? Why or why not?
What are the consequences of jury instructions being given in technical legal terms to jurors? What are the pros and cons to making the jury instruction process more comprehensible to laypeople?
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
Consider the information discussed in the box “Controversy: Is the Victim’s Prior Sexual Conduct Relevant in a Rape Case?” Do you believe that a victim’s prior sexual conduct is relevant in a rape trial? Should all prior sexual conduct be inadmissible, or are there certain types of evidence
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
Why are there so few trials and so many plea bargains?
What is the purpose of discovery?
What is the purpose of bail?
What are the types of pleas, and how do they differ?
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 juries to ensure that it actually 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 on a jury be declared illegal on a nationwide basis rather than letting each state choose whether to have this type of law?
What are your thoughts on the “key-man” system for selecting juries versus current methods?
Should all verdicts be required to be unanimous or only a substantial majority?What are the advantages and disadvantages to both?
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 United States Constitution?
Should the Supreme Court take into account 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 the ability to cross-examine 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?
Do you think that if a client can afford representation, he or she 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 he or she insisted on bringing the case to trial, how would you balance your personal belief with your ethical obligation?
Should the court really 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 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 him or her 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?
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?4, Which assigned counsel method do you find to be the
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 do actually receive competent representation?
Do you think the rule announced in Scott, that a defendant may not be sentenced to jail or prison unless he or she was represented by an attorney or voluntarily waived his or her right to counsel, is good for the judicial system, or is it too difficult to implement?
Think about the community where you live for a moment. Identify a quality-of-life problem in your community related to criminal behavior that may be a fitting target for a community prosecution effort. What is the problem? What might your community prosecution program include? What would be the
Do you think community prosecution is an effective use of resources?
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 does the phrase “court of last resort” mean, and which courts does it apply to?
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 causes a mistrial? What happens after a mistrial is declared?
When a trial begins, which side presents its case first, and why?
What is the Missouri plan and how does it work?

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Criminal Courts A Contemporary Perspective 2nd Edition Craig T Hemmens, David C Brody, Cassia C Spohn - Solutions

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