Problem
A. What if your state were to implement an entirely determinate sentencing system? What if judges had absolutely no discretion regarding sentences? Who would be the most powerful person in the criminal justice system? Why might this be problematic?
B. What if the Supreme Court decided that the death penalty was unconstitutional? If this were to happen what do you think would be the Court's reason for doing so? Do you think this may happen?
C. What if the writers of the Constitution had not included the right of habeas corpus? How might our system of criminal justice be different today?
D. What if offenders had the same rights as defendants? In what ways would this be problematic? What reasons can you think of that offenders have less rights than defendants?