Reference no: EM131199773

Discussion 1

Which amendment to the Constitution prohibits double jeopardy? Can someone be convicted for multiple crimes for one act? How can a person be charged with multiple crimes through the legal concept of "lesser included offenses"? How do lesser included offenses not violate double jeopardy protection? Focus upon the material elements of crimes and how they can vary to allow for multiple prosecutions for the same acts or similar offenses. Provide examples to support your answer.

Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates' posts by Day 7. Fairness should be considered in any criminal law or procedure issue. Provide analyses of your classmates' postings with an emphasis on whether or not it seems fair to the defendant to have to defend against crimes presented in multiple forums. Can we assume that it is fair to the State to prosecute in multiple jurisdictions (where the State has large amounts of resources for such actions)?

Discussion 2

The trend in the United States is toward mandatory sentencing for most criminal offenses. Include the following in your initial post:

1. Define mandatory sentencing.
2. Discuss the pros and cons of mandatory sentencing.
3. Provide your opinion of whether or not you agree with mandatory sentencing provisions.
4. Examine whether or not courts should view each case based on its own facts, or whether or not equal justice can only be achieved through mandatory minimum sentencing.

Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references. Respond to at least two of your classmates' posts by Day 7. Focus upon the fairness of treating everyone the same, regardless of the circumstances which brought them to the sentencing before a court. Question the validity of a "one size fits all" criminal justice sentencing scheme.