Reference no: EM132527275

Assignment: Part 1: Other books can be use as welldel Carmen, R. V. Criminal Procedure: Law and Practice, 9th Ed., Cengage

Chapter 11

1. What was the old standard for the admissibility of confessions and admissions? Explain why that standard was difficult to apply.

2. How did Miranda v. Arizona change the standard for admissibility of confessions and admissions? In your opinion, is it a change for the better? Explain your answer.

3. Assume that the state legislature of Kansas passes a law providing that confessions are admissible in state court criminal cases as long as they are voluntary, even without the Miranda warnings. Is that law constitutional? Cite a case precedent and reasons for your answer.

4. Distinguish between the Miranda warnings and the right to counsel. In what ways are they similar? In what ways are they different?

Chapter 12

1. Assume that the Nebraska legislature passes a law providing that all crimes in Nebraska are to be tried by a six-member jury. Assume further that the same law also provides that a 5-to-1 vote for conviction results in conviction. Is that law constitutional? Explain your answer.

2. There are two kinds of challenges the prosecutor and the defense lawyer can use when selecting a jury. How do these challenges differ? Which challenge is bad for the defendant and why?

3. X, a man accused of rape, was tried and convicted by a jury made up of all women. Was his constitutional right to trial by a jury of peers violated? Justify your answer.

4. A college criminal justice student is charged with selling drugs in a dormitory. Such a crime is a felony in the state. She has taken a few college courses in law and has some knowledge of criminal procedure and constitutional rights. Can she waive her right to a lawyer and insist on defending herself?

Part 2: Siegal, L. J., & Worrall, J. L., Essentials of Criminal Justice, 9th Ed., Cengage other other books can be use as well

Chapter 9

1. Discuss the sentencing dispositions in your jurisdiction. What are the pros and cons of each?

2. Compare the various types of incarceration sentences. What are the similarities and differences? Why are many jurisdictions considering the passage of mandatory sentencing laws?

3. Discuss the issue of capital punishment. In your opinion, does it serve as a deterrent? What new rulings has the Supreme Court made on the legality of the death penalty?

4. Why does the problem of sentencing disparity exist? Do programs exist that can reduce the disparity of sentences? If so, what are they? Should all people who commit the same crime receive the same sentence? Explain.

Chapter 10

1. What is the purpose of probation? Identify some conditions of probation and discuss the responsibilities of the probation officer.

2. Discuss the procedures involved in probation revocation. What are the rights of the probationer? Is probation a privilege or a right?

3. Should a convicted criminal make restitution to the victim? When is restitution inappropriate? Could it be considered a bribe?

4. Should offenders be fined on the basis of the seriousness of what they did or in terms of to their ability to pay? Is it fair to base day fines on wages? Should offenders be punished more severely because they are financially successful?