Discussion Questions (Paula Hog)

THE EXCLUSIONARY RULE

This week we learned about the exclusionary rule. That is of course not the only method that could be used to deal with evidence seized in violation of the Constitution. Some see this as police misconduct and that society loses when we enforce the exclusionary rule. Others see officers as public agents (after all they are doing your work not their own agenda) and appropriate to punish the government instead of the individual officers.

· Should a murderer go free because police made a mistake?

· What do you think about this?

· Is the exclusionary rule the best option?

· It was created by judges not Congress after all. Are there other methods we could consider? What are they?

This is an essay response type question. Your answer should be at least 350 words. After completing your post review the majority of other posts. Feel free to comment as you wish.

MIRANDA

Last week’s class deals primarily with the assistance of an attorney regarding questioning. While there are a lot of misconceptions as to when Miranda must be read, it seems almost everyone knows the rights outlined in the Miranda Warning; however, if police neglect to read the warning to a suspect prior to custodial interrogation the suspect’s statements are not admissible (even if the suspect is an attorney or police officer that obviously knows the Miranda Warning).

· So I ask you, do we still need the Miranda Warning? Congress tried, unsuccessfully to eliminate the requirement. Why do we still have it?

· Do you think it serves a useful purpose?

· Why do we even have the Miranda Warning? We don’t require police to tell people they have a right to refuse consent to search. . .  

This is an essay response type question. Your answer should be at least 350 words. After completing your post review the majority of other posts. Feel free to comment as you wish.  

PUNISHMENT

This past week we covered the 8th Amendment, particularly that of cruel and unusual punishment. For this discussion I want you to consider what punishment is and what it is not.

· Do prisoners really have rights?

· What limits should they have?

· How and who should determine where we draw the line?

· Do they have an expectation to privacy in their cells?

· Should they be able to vote in prison?

· Should they be able to have guns when they are released from jail or prison?

· What about segregation?

· What do you do with a prisoner who assaults other prisoners and staff every chance they get?

· When is capital punishment appropriate?

In order to receive full credit you must not only include your opinion on one of these issues, but also the LEGAL basis for it . (If the courts do not agree with you, state how they have decided and what the legal argument would be against it.) Please do a post of at least 300 words. As always be sure to come back and review other posts.