Question: Part 1: 1) In your opinion, is the death penalty cruel and unusual (and thus unconstitutional) in modern day America?
2) Discuss two practices used centuries ago in England to avoid severe punishments
3) In your opinion, are three-strikes law cruel and unusual punishment? Are they a wise policy?
4) What do you believe is the best remedy for recidivism?
5) What forms of punishment are available to the courts and to which types of crimes are they applied? Give examples.
Part 2: 1) Discuss the Fourth Amendment approach to the use of force
2) Discuss the arguments for and against permitting citizens to use force against unlawful arrests
3) What is the rationale behind "Good Samaritan" laws?
4) Describe the circumstances under which a person may use force in defense of another.
5) Compare and contrast the rationales of "duty to retreat" and "stand your ground."
Part 3: 1) Discuss, compare and contrast use and transactional immunity. Which one would defendants prefer to have?
2) Discuss the four factors courts balance in determining whether there has been a violation of the Sixth Amendment right to a speedy trial
3) Discuss, compare and contrast the doctrines of double jeopardy, res judicata and collateral estoppel
4) Explain the differences between diplomatic immunity, legislative immunity, and witness immunity
5) Describe circumstances when duress or coercion does not constitute a valid defense and when it does constitute a valid legal defense