2 discussion questions (CRIMINAL PROCEDURE AND EVIDENCE)

Respond to the following: Answer the discussion(X2). Include at least 2 references.

A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis. A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source

M6D1: Are Grand Juries Prosecutors’ Rubber Stamps?

The cornerstone of due process and equal protection under the law rests on the principle of probable cause. Criminal procedure provides that probable cause actually tests the government’s case. Probable cause is reached through either a preliminary hearing or grand jury. However, the testing of the government’s case with the use of a grand jury is controversial and debatable. The debate regarding whether a grand jury is democracy at work - or a prosecutor’s rubber stamp -  challenges the efficacy of criminal procedure, due process, and equal protection under the law.

Respond to the following:

1. Present a well-reasoned and persuasive argument for and against the use of grand juries in criminal procedure.  Provide an alternative procedure for using a grand jury or a suggestion on how it can be improved. Provide some recent examples to support your post.

M6D2: Plea Bargaining

Although the Sixth Amendment of the Constitution guarantees every citizen the right to be judged by a jury of their peers, approximately 95% of all persons convicted of felonies waive their Sixth Amendment right and plead guilty. Most of these pleas are a result of a plea bargain in exchange for a lesser sentence or a reduced charge.  The public and police generally oppose these shortcuts to justice as letting criminals off. Conversely, the courts and lawyers generally support plea bargaining; and legal, empirical, and behavioral research are in conflict on this issue.

Respond to the following:

2. Present a well-reasoned and persuasive argument for and against the use of plea bargaining. Provide at least two U.S. Supreme Court rulings regarding plea bargaining to support both sides of your argument.