Description

Description

Answer each question in 2-3 paragraphs

1.The levels of proof required increases from the time the case is filed until conviction. Is this fair to the defendant? Shouldn’t the prosecution have to establish a higher level of proof at the outset in order to justify put the defendant through the ordeal of a criminal prosecution?

2.The law currently makes no distinction between the use of direct and circumstantial evidence to establish guilt. In some cases this allows a conviction to be based on inferences piled on inferences. Should the law set standards to prevent convictions being based on speculation?

3.Has the Exclusionary Rule achieved its intended purpose? The Supreme Court has crafted over a dozen exceptions to it. Is it time to reconsider the rule and develop a better way to protect the public from violations of their constitutional rights? What would be feasible?

4.Arizona v. Gant restricted the search of a vehicle incident to the arrest of the driver to the area the arrestee could actually reach at the time of the search and for evidence of the crime triggering the arrest. Should similar restrictions be placed on the search authorized in Chimel v. California?

5.Many people are unaware of their right to refuse when an officer asks for consent to conduct a search. For example, people frequently agree when an officer during a traffic stop say, “May I look in the trunk?” In Schneckloth v. Bustamonte the Supreme Court held that consent must be given voluntarily but refused to mandate that the individual be made aware of the right to withhold consent. Do you think this decision effectively balances the rights of the individual against those of the government? Discuss both sides of the issue.

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