As you have learned, Criminal Law
consists of breaking the crime down into its elements and, if you are working
on the side of the defendant, looking for the weaknesses in the People’s case.
Remember that normally, the Prosecution must be able to prove each and every
one of the elements beyond a reasonable doubt in order to get a guilty verdict.
In Law School, this area of study is referred to as “Crimes.” The other component of Criminal Law is Criminal Procedure, which involves the rules involved in prosecuting a defendant. For example, the defendant has a right to counsel, protection against unreasonable searches and seizures, protections against double jeopardy and a right to refuse to testify, etc.
So, the practice of Criminal Law can actually be broken down into two areas:
The first is an attack on the People’s ability to prove the elements (Criminal Law or Crimes) and the second is making sure the Police and the People conduct the case fairly (Criminal Procedure)
Based on your studies in this course, and any outside reading you’ve done, provide your personal opinions on the following:
• How do you feel about our system of Criminal Justice? Does it seem fair to you?
• Do you think those charged with criminal crimes have too many rights? Too few? Explain in full.
• What is your opinion on the dismissal of charges based on what the public often describes as “technicalities,” but which are often Constitutional violations?
• Many people would prefer to see 10 guilty persons set free rather than the sentencing of a single innocent person, while many others believe the opposite. What is your opinion? Discuss your feelings on mistaken prosecution of the innocent?
• Finally, discuss any suggestions you may have on how our current system of justice might be improved.
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In Law School, this area of study is referred to as “Crimes.” The other component of Criminal Law is Criminal Procedure, which involves the rules involved in prosecuting a defendant. For example, the defendant has a right to counsel, protection against unreasonable searches and seizures, protections against double jeopardy and a right to refuse to testify, etc.
So, the practice of Criminal Law can actually be broken down into two areas:
The first is an attack on the People’s ability to prove the elements (Criminal Law or Crimes) and the second is making sure the Police and the People conduct the case fairly (Criminal Procedure)
Based on your studies in this course, and any outside reading you’ve done, provide your personal opinions on the following:
• How do you feel about our system of Criminal Justice? Does it seem fair to you?
• Do you think those charged with criminal crimes have too many rights? Too few? Explain in full.
• What is your opinion on the dismissal of charges based on what the public often describes as “technicalities,” but which are often Constitutional violations?
• Many people would prefer to see 10 guilty persons set free rather than the sentencing of a single innocent person, while many others believe the opposite. What is your opinion? Discuss your feelings on mistaken prosecution of the innocent?
• Finally, discuss any suggestions you may have on how our current system of justice might be improved.
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