Respond to the Review Questions. if you do not write out the question, a lead-in statement is required Submit your responses with the respective Lesson.
Sentencing Options
1. With DNA testing, many defendants on death row were later found innocent of the crimes of which they were convicted. In response to this wave of innocent defendants based on DNA evidence, some states have declared a moratorium on the death penalty until further study of the process of capital punishment. Do you agree with this moratorium? Why or why not?
2. With Gregg v. Georgia, and subsequent death penalty cases, states went back to the business of capital punishment. A key aspect to the Gregg v. Georgia opinion was the idea of a bifurcated trial. When deciding on who should serve on the juries of these trials, prosecutors are allowed to challenge some prospective jurors based on their beliefs regarding the death penalty. As a result, death penalty cases are often tried before "death¬cpislitied" juries. Do you agree with this practice? Should jurors who disagree with the death penalty still be allowed to serve on capital cases? Why or why not?
Sentencing Decisions
1. The level of judicial discretion in the criminal justice system has gone up and down through the years. Currently, judicial discretion is at a low point with the use of sentencing guidelines, "three strikes and you're out" laws, and mandatory minimum sentences. Do you agree with this reduction in judicial discretion? Why or why not?
2. Explain why both liberals and conservatives supported the abolition of indeterminate sentencing and the adoption of determinate sentencing.
Appellate Courts
1. Since the 1950s, the Supreme Court has moved through a number of political and philosophical eras based on the leadership of its respective Chief Justices. In particular, the shifts that occurred from the Warren through the Rehnquist Court have gained attention from politicians and academics alike. Outline these political and philosophical shifts, and then explain which court orientation you prefer-the Warren Court or the Rehnquist Court-and why.
2. Under the leadership of the Burger and Rehnquist Courts, the habeas corpus rights of prisoners have been reduced drastically. Explain whether or not you support this change in the use of the writ of habeas corpus and why.
The Lower Courts
1. Describe the characteristics of the Justice of the Peace system. What are its advantages and disadvantages? Do you believe that it is appropriate fOr non-lawyers to serve as judges? Do Justice of the Peace courts really provide justice? Should JPs be abolished? If so, what type of structure should they be replaced with?
2. Discuss the normal process of adjudication in the municipal courts, with special focus on the mass production techniques that are often used Is this process fair, or should the proceedings be individualized? Are defendants' rights infringed by the assembly-line nature of lower courts? If so, what type of reforms would improve the quality of justice in these courts?
Juvenile Courts
1. The "law and order" movement based on the crime control model of criminal justice has led to the increasing criminalization of juveniles. The age when a juvenile can be tried as an adult, the rights of a juvenile during the proceedings, and the very nature of the proceedings themselves are turning juvenile courts into rough equivalents to adult courts. Do you agree with these changes in the juvenile justice system? Do you believe we should abolish juvenile courts altogether, or try to save the current system? Why or why not?
2. Juveniles were given more due process rights in the late twentieth century, but was it enough? Do you believe juveniles should have the right to a jury trial? Should due process concerns guide the juvenile courts, or should the old standards of "best interests of the child and the community" continue to guide its workings?
Reference: Americas Courts and the Criminal Justice System Court by David W Neubauer ISBN: 13:978-9-49S-09540-8