Ragland_Shay_M7_CTQuestions

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Jun 26, 2024

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Uploaded by EarlRoseSeal79

Module 7 Critical Thinking Questions a. Briefly summarize the characteristics of legal representation before a grand jury.  Legal representation: Individuals may not be represented by a lawyer before the grand jury. The individual must leave the room to consult with his or her attorney. Prosecutors in the federal system and twenty-two states (for major offenses) must secure an indictment from a grand jury before putting a case to trial. Grand juries are panels of citizens who decide whether there is enough evidence (probable cause) to go to trial. b. Why did plea bargaining replace the trial as the primary mechanism for determining guilt in criminal courts? Include “mutuality of advantage” in your answer. Because of the reciprocal benefit for prosecutors, defense attorneys, and judges. Allows prosecutors to maintain a "high batting average" without the uncertainty of a real trial. Defense attorneys save time preparing for trial and can quickly dispose of cases, avoiding ambiguity, and often resulting in less punitive penalties and greater room to bargain. Judges allow individuals to clear their case docket, and admitting guilt is frequently viewed as the first step toward rehabilitation. c.   Explain the three stages of the inquisitorial system found in Europe. The inquisitorial system is controlled by judges rather than lawyers and has very few of the theatrics of the adversarial system because the judge controls the courtroom. The inquisitorial system has three stages: During the investigative phase, police investigate crimes. The police assemble evidence supporting both guilt and innocence for a suspect (or suspects). Examining step has been eliminated in several nations. The examining judge reads the police dossier, interviews witnesses, and determines if the case should go to trial. During the trial phase, Europeans typically choose multi-judge courts. Judges are more open to hearing all evidence and allow witnesses to testify on hearsay, unlike American judges. d. There are several justifications offered to justify public attorneys’ defense of criminal defendants. Several of these are listed in Table 7.1 of your textbook. Which do you find most persuasive and why? Number one is the oddsmaker: it is better to have ten guilty guys free than one innocent man convicted. There are so many non-guilty men and women spending time for crimes they did not commit, while the guilty are out there living a life that the innocent should be living
instead of the truly guilty. That to me, is a solid defense but we all know we need concrete evidence to prove someone’s innocence, but that is a good basis to start with. Another one is humanitarian: the lawyer should assist people in need. This aligns with the oddsmaker. You'd want to help, especially if the crime they're accused of is a fictitious information e. Identify and explain how indigent defense came about in the United States. The Sixth Amendment to the United States Constitution ensures the right to counsel for those charged with offenses punishable by jail or prison sentence. In Gideon v. Wainwright, the United States Supreme Court ruled that the State must give an attorney to any criminal defendant who cannot afford to employ one.
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