Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?The way they challenge me was also giving important information that I didn't know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The prosecutor's discretion can be further manifested by the act of plea bargaining (see Chapter 12); that is, he or she can accept a guilty plea for a lesser offense than the one charged. Finally, prosecutors sometimes have to answer to authorities that mandate, or at least strongly encourage, prosecution.
Deciding Not to Prosecute
The most obvious reason for no prosecution is lack of evidence. The prosecutor may determine that, based on the evidence presented to him or she by the police, the suspect is innocent. In such an event, there would be no point in proceeding to trial on the slight chance that a conviction would be obtained. Even if the prosecutor believes the suspect is guilty, if there is not enough evidence to obtain a conviction, then he or she will likely elect not to prosecute.
References
Worrall, John. Criminal Procedure, 2nd Edition. Pearson Learning Solutions, 2006. VitalBook file. Retrieved from https://digitalbookshelf.argosy.edu/books/0558113125/id/ch11fig01
Student 2 Post
In your readings, which constitutional issues did you find controversial?
The constitutional issue that I found controversial is in Module 5: Criminal trial process. The Sixth Amendment mentions that the accused shall enjoy the right to a speedy and public trial and also the witness has the right to confront his accusers, rather than have people make accusations they're not willing to say to someone's face. This is challenged regularly in child abuse trials because the child is not seen as being able to face their alleged abuser that's why their testimony is often from a remote location, this is challenged by defense attorneys. This is an ongoing controversy.
Which reading assignments were the most challenging to you?
: Plea bargaining and Sentencing reading assignments were the most challenging.
In what way did they challenge you?
What is challenging because there are two phases when sentencing.
1. The first method is when the defendant decides to reach a plea agreement. The sentencing is usually lenient which at times many people might disagree with because the time does not match the crime.
2. The second method is when the jury reaches a guilty verdict. The sentencing or final decision is made by the judge in regards to the appropriate sentence.
What measures did you take to overcome the challenges? What is your learning from these challenges that you would like to share with your classmates?
How I overcame the challenges was by reading more about the two phases and understands why there are two phases. Not all defendants want to go through a trial perhaps because the crime committed warrants more time such as life sentences without parole and possibly the death penalty.
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
- Which reading assignments were the most challenging to you?
- In what way did they challenge you?
- What measures did you take to overcome the challenges?
- What is your learning from these challenges that you would like to share with your classmates?
- In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?