Exam 2

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Old Dominion University *

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Law

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Jun 23, 2024

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Exam 2 1.) Police brutality has been at the forefront of discussions about police reform in recent years. Some have even called for measures such as abolishing the police to combat police brutality. (a) Is abolishing the police the solution to the problem of police brutality? Why or why not? (1 point)  While I do believe police brutality is wrong and criminal, I would say that abolishing the police is not a solution. In fact, I think it would cause greater damage to the general public. 80% of police stations have already been cut on funding and to completely take what is left would serve no purpose. Law enforcement by oath is to protect and serve their community. The news or social media is a very bias place spreading false propaganda for there personal gain. Looking back on certain cases the suspect had killed a 9-year-old girl and her mother. When the officer first approached the suspect, he immediately kicked the suspect in the chest with full force. There is body cam footage of the whole incident. however social media had only played the clip where the suspect was kicked and while he was resisting arrest yelling, he didn’t do anything wrong. The community was outraged because of the manipulation of the footage. Once the footage was released the community realized that the suspect was armed and dangerous and had takin the lives of two people. Police brutality is wrong but like the saying goes a few bad apples will make everyone else look bad but does not portray the good officers within law enforcement. If the police would be abolished, then the crime rates would go up since there is no one to stop or protect the community. This is dangerous also because during this time anything can happen. There was in interview done with BLM protestors, they spoke about how awful the police were, then the question was asked who do you call then if there was a robbery they answered the police then realized how wrong they were. People will take matters into there own hands, for justice or for ill intent,

everyone has different morals good and bad but the cities would turn into chaos. Whole will come to aid when there is trouble or even an active shooter. (b) The following strategies have been identified as necessary to combat police brutality: enacting federal consent decrees, passing sunshine laws, and holding police officers personally liable for brutality against innocent civilians. Explain each of these three strategies.  Consent decrees are a type of court order that can be utilized for environmental control as well as antitrust issues. When a Department of Justice (DOJ) investigation into a pattern of wrongdoing leads to one, it is usually used to force a jurisdiction to improve its police department or jail system.  Sunshine laws are rules that mandate disclosure and openness in the public and private spheres. Sunshine laws allow the public to watch, participate in, and/or examine meetings, documents, votes, discussions, and other official acts. Sunshine rules also mandate that public meetings be held at convenient times and locations with enough notice to the public, with the exception of emergency meetings.  The Supreme Court established the legal theory known as qualified immunity, which exempts public servants from accountability for wrongdoing even in cases when they violate the law. Over 1,000 Black people were killed by police in the United States in 2020 alone. An officer may be suitably disciplined and may even be required to appear in court if they injure someone else or behave negligently. They have an obligation to behave in the people they are defending's best interests. Should they fail to do so, they will have to bear the consequences of their deeds—or lack thereof.

a) Estimates show that 90% of complaints against judges will be dismissed. Explain why.  Not every judge is perfect, but some are worse than others. Judges need to uphold the law and investigate certain matters. Congress established a process that allows anybody to protest to the courts over the conduct of federal judges, but not regarding the choices these judges make when rendering judgments. The regulations, which outline what may be complained about, who can be complained about, where to make a complaint, and how it will be handled. in recent years, the majority of complaints have been rejected due to noncompliance with legal requirements. According to the legislation, complaints about the judgments made by judges as well as complaints that lack supporting documentation shall be rejected. (b) Explain four ways in which judges are punished for official misconduct in California.  Criminal law infractions, sexual misbehavior with employees, attorneys, or parties, membership in discriminatory groups, and exploiting the court position to further a personal interest are a few examples. 2.) Explain three roles of the prosecutor in the U.S. criminal justice system and Discuss the facts surrounding the 2006 case of Duke University's lacrosse players who were accused of raping one Crystal Gail Mangum. Why was the case dismissed? a.) District Attorneys (DAs), another name for prosecutors, are essential members of the US criminal justice system. They are in charge of making sure justice is done and represent the government in criminal proceedings. Among the various responsibilities that prosecutors perform are: Charging Decisions Making judgments about charging The decision of who to prosecute, how many persons to charge, and whether to charge a misdemeanor or crime is made by

prosecutors. These choices have an impact on all other decisions made in that person's case, such as the size of bail, the proposed plea bargain, and the nature and length of any final punishment.  Plea agreements Plea bargains, which lessen the severity of an accusation in exchange for a guilty plea or other types of cooperation with the prosecution, can be made by prosecutors.  Protecting Victims Advocates for the voiceless and victims of crime, prosecutors are. They collaborate with witnesses and victims to guarantee that their rights are upheld and that they receive assistance at every step of the way.  I believe that prosecutors have a very heavy task to deal with, they hold a lot of power in the judicial system. I think if there were better precautions and supervision of prosecutors, making sure that they go by the law, have an unbiased opinion, and checks and balances put in place to deter them from committing crimes they are to powerful without this and the things set in place aren’t holding them countable. The most powerful individuals in the American criminal justice system are prosecutors. Their choices, especially those regarding charging and plea bargaining, have a significant impact on how the system functions and frequently influence how criminal cases turn out. Prosecutors have enormous and unchecked authority, and the systems meant to hold them responsible are frequently utterly incompetent. Furthermore, the most significant choices made by prosecutors are taken behind closed doors, shielded from public view and so exempt from accountability. These significant, occasionally life-or-death choices have one striking characteristic: they are entirely up to the individual. Prosecutorial discretion is flawed not because it doesn't exist but rather because of how haphazardly and arbitrarily it is applied. There is no efficient system for public accountability or enforcement, not even in prosecution offices that issue broad guidelines for the prosecution of criminal cases. The majority of prosecution offices lack or are

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