Changing Judicial Landscape ch. 9 hw
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Feb 20, 2024
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Changing Judicial Landscape
Background
: As we discussed in class, changing laws on abortion also have spillover effects into other aspects of the judiciary branch. We will look at a couple of current events on this topic here. Part One
: The Power of Local Prosecutors As discussed in the podcast (we will also look more at this issue in Chapter 13), local prosecutors often have a lot of power in the judicial system. They are the individuals who generally decided whether or not there is enough evidence to press charges. Like most offices in Texas, local prosecutors are elected. Read this article
in the Texas Tribune about the changing landscape for prosecutors in Texas. 1)
Why are some prosecutors currently in conflict with Republican legislators?
Republican legislators write the laws, while left-leaning prosecutors are in charge of upholding them, particularly in the areas of abortion, voter fraud, drug and property crime. Prosecutors claim that by declining to take these cases, they are just exercising their prosecutorial discretion;
however, politicians claim that by doing so, they are participating in "prosecutorial legislation" and selectively applying certain laws to their areas of responsibility.
2)
What is Prosecutorial Discretion ? District and county attorneys who are elected have a lot of prosecutorial freedom to choose which cases to take on. The majority of the time, that occurs on a case-by-case basis, but occasionally, prosecutors develop procedures that specify how they will proceed.
3)
What steps are Legislators taking to try to limit the power of local prosecutors going forward? (Name at least two legislative proposals). House Bill 3307- allow removal petitions to be brought by distract and county attorneys in neighboring counties.
House Bill 17 and Senate Bill 20- both operate within this existing disciplinary structure.
Part Two: Criminal and Civil Abortion Cases Read this article
detailing a recent court case regarding abortion. 4)
Why is the man in the case suing his wife’s friends? Why isn’t he also suing his ex-wife?
The friends were texting the ex wife about abortion pills and is basically blaming them.
5)
Does this represent a criminal or a civil case? How do you know? (Hint: Think about the consequences involved).
Criminal case because they are saying illegal obtained drugs and labeling it murder.
6)
Why does the article state that this lawsuit takes a more aggressive track than other abortion related lawsuits? Silva's "unborn child" was "murdered" by the abortion using "illegally obtained drugs," according
to the document several times. The three defendants allegedly planned with the pregnant woman to covertly end her pregnancy, according to the lawsuit.
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