Criminal Justice: Prosecutors, Supreme Court, Exclusionary Rule, Seven Basic Principles of Criminal Law

1. Do you feel that prosecutors have too much discretion? What danger is there, if any, that the prosecutors may be capricious, arbitrary, or discriminatory if given too much discretionary power?

2. Very few cases are actually argued before the US Supreme Court. Most petitions for review are denied. What does it mean when the US Supreme Court decides not to hear a case from an inferior court? Does this mean that the Supreme Court agrees with the judgement or the inferior court or does the Supreme Court merely expressed a preference not to hear a particular claimat this time?

3. What are the strongest arguments in favour of abandoning the exclusionary rule? Do you support this rule or do you feel that it unfairly restricts legitimate police action, letting otherwise guilty criminals go free? If you were asked to write a set of rules for police use of deadly force, would the final product resemble the Supreme Court’s ruling in Tennessee v. Garner, if differ how would it differ?

4. John is a 21 year old senior attending the Clark Atlanta University. He met Rebecca at the Hot Licks Club on lower mainstreet. After about 2 hours of drinking and dirty dancing, Rebecca invited John to her house to spend the night. While the two were having sex, Rebecca’s mother walked into her bedroom after hearing noises. She witnessed John and Rebecca having sex and screamed, “You animal, my daughter is only 15 years old. I am calling the police and filing charges against you.” Rebecca is in fact 15 years old, but used Lisa’s ID (her cousin that is 21 years old) to enter the club.

Using the Seven Basic Principles of Criminal Law (1.Legality,2. Conduct, 3.Harm,4. Causation, 5. Mens Rea,6. the Concurrence Requirement, and 7.Punishment Requirement),explain how each principle would be used in the scenarios and what the likely outcome would be for each. What defences would the perpetrators use if any?

5. Greg and Wayne are members of rivaling gangs. Greg has held a grudge against Wayne for two weeks because he felt that Wayne “dissed” him. Greg saw Wayne at the AMC Cinemas without his “boys”. He went back to his car, got his gun, placed it in the small of his back and started walking towards Wayne. When Wayne saw Greg approaching him he yelled “You punk! I wish you would step to me!” Greg pulled the gun from his back and shot Wayne in the stomach. The ambulance took approximately 45 minutes to arrive. Wayne died when they arrived at the Schneider Regional Hospital.

Using the Seven Basic Principles of Criminal Law (1.Legality,2. Conduct, 3.Harm,4. Causation, 5.Mens Rea,6. the Concurrence Requirement, and 7.Punishment Requirement),explain how each principle would be used in the scenarios and what the likely outcome would be for each. What defences would the perpetrators use if any?

 

[btnsx id="136"]

 

Briefly Summarize the Case of Bruesewitz et al v. Wyeth, fka Wyeth, Inc Supreme Court of the United States

Retrieved from http://www.supremecourt.gov/opinions/10pdf/09-152.pdf

In your own words, briefly summarize the case and describe the issues in this case.
In reviewing the Wyeth case, discuss the legal duties that were breached. Include in your initial post, the parties to this case and possible defenses to the allegation of breach.
Lastly, consider the implications of the decision in this case to healthcare providers and drug manufacturers. Do you agree or disagree with the reasoning of the court in this case? If you were the judge, how would you have decided this case?

 

[btnsx id="136"]

 

The US Supreme Court

As we all know, the U.S. Supreme Court is the pinnacle for our judicial system. Appointed by the President and voted in by the U.S. Senate, these judges are tasked with upholding all laws bound by the U.S. Constitution. In saying, they’re also the most prolific court known throughout the world. Many countries throughout the world have structured their judicial system based on ours with a similar supreme court.

Discuss the kinds of cases the U.S. Supreme Court hears as well as what cases are presented to them. Additionally, identify those persons who decide which cases the Supreme Court will decide.

440 word essay with reference

 

[btnsx id="136"]

 

Death Penalty Policy and Supreme Court Cases impacting it.

Find 5 cases that have had an impact on the death penalty.
Provide a brief summary of each case, the constitutional issues, and judgment.
Where is the death penalty today?
How has each of your selected cases related to the current U.S. death penalty policies?
Would you seek the death penalty in the of police officer murder case?
Would a cost analysis change your view of the death penalty?

 

[btnsx id="136"]