Reference no: EM131819673
1. In Horton v. California (1990), the Court eliminated the inadvertence requirement of the plain view doctrine. Without the inadvertence requirement is it possible that police officers can manipulate the plain view rule?
Discuss what possible ways officers might do so? Is it possible that the inadvertence rule was hampering the ability of police officers to effectively do their job? Discuss how this might be the case.
2. Â Analyze the listed ideas and discuss their relation to the United States Legal System. Reflect on how this subject matter may relate to your life and the life of others as well as popular culture in general.
3. In Neil v. Biggers (1972) the Court determined that identification procedures must be fair. To determine whether the procedures were fair, courts must consider all the circumstances leading to the identification.
Discuss what circumstances should be considered in determining fairness. Why are these circumstances important in determining the fairness of an identification procedure?
Social structure theories place much of the criminal activity into the lower class. If someone would say to you that crime only happens in the lower class, how would you answer? Do all people in the lower class commit crime?
4. In Missouri v. Seibert (2004), the Court held that giving the Miranda warnings but only after the police obtain an unwarned confession violates the Miranda rule; therefore, statements made after the Miranda warnings are given are not admissible even if these statements repeat those given before the Miranda warnings were read to the suspect.
In an earlier case, Oregon v. Elstad, the Court admitted a confession obtained after the police gave the Miranda warnings even though the suspect had previously made statements before the warnings were given.
Discuss the differences between the two cases. Discuss the Court's rationale regarding the decisions. Do you agree with the rationale? Why/why not?
Is our society in general, and the criminal justice system specifically, operated under a social conflict perspective or a consensus perspective? Articulate why you feel this way?
5. Analyze the listed ideas and discuss their relation to the United States Legal System.
Reflect on how this subject matter may relate to your life and the life of others as well as popular culture in general.
6. The Supreme Court interpretation of the Sixth Amendment requires that trial juries in both federal and state criminal trials be selected from “a representative cross-section of the community.†It also guarantees trial by a jury of peers.
That phrase does not mean that, say, a student facing criminal charges must have a jury of students or that female defendants must have an all-female jury.
Discuss what potential problems exist in attempting to provide a defendant with a jury of persons exclusively similar to him/her. Is such an effort possible practical? Discuss who YOU would prefer to have on a jury if you found yourself to be a defendant in a criminal trial and why?
7. The Court assumes that effective assistance of counsel is present unless the adversarial process is so undermined by counselâ€TMs conduct that the trial cannot be relied upon to have produced a just result. An accused who claims ineffective counsel must show the following:
(1) deficient performance by counsel and (2) a reasonable probability that but for such deficiency the result of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 [1984]).
Discuss the difficulty of successfully demonstrating point number two. Please articulate WHY in your answers.
8. Analyze the listed ideas and discuss their relation to the United States Legal System.
Reflect on how this subject matter may relate to your life and the life of others as well as popular culture in general.
9. Sentencing disparity persists because punishment of offenders in the United States is basically a state or local concern where justice is determined by state legislatures and reflects consensus among political constituents.
What are the problems with sentencing guidelines? What are the problems with determinate sentences? What are the problems with indeterminate sentences? Discuss some possible ways in which sentencing disparity might be resolved.
10. In Furman v. Georgia (1972) the Supreme Court held that the death penalty, as it was being applied, was unconstitutional. Four years alter, in Gregg v. Georgia (1976) the Court held that death penalty laws that have sufficient safeguards against arbitrary and capricious imposition are constitutional.
Discuss what made such a change possible. How has the Court modified the death penalty since Gregg v. Georgia (1976)? Do you agree with the death penalty? Why or why not?
11. Plaintiff's lawyers claim that lawsuits against the police often lead to positive results for police departments. Discuss how such lawsuits might result in better training for officers.
Discuss how lawsuits might differently affect officers and agencies when the officer was following department policy as opposed to when the officer was acting on his/her own. Do you think that law enforcement officers should be immune from civil law suits? Why or why not?
12. Analyze the listed ideas and discuss their relation to the United States Legal System.
Reflect on how this subject matter may relate to your life and the life of others as well as popular culture in general.
13. The USA PATRIOT Act increased the authority of government agents to conduct various types of surveillance. In your opinion, is the USA PATRIOT Act a threat to American's individual liberties? Why or why not?
14. Analyze the listed ideas and discuss their relation to the United States Legal System. Reflect on how this subject matter may relate to your life and the life of others as well as popular culture in general.