Assignment:
1. What is the primary duty of the executive branch of government in criminal law?
2. In 1973 the United States Supreme Court handed down the famous case Roe v. Wade, 410 U.S. 113 (1973), wherein the Court determined that the decision to have an abortion is a private decision that is protected from government intervention, in some circumstances, by the U.S. Constitution. Suppose that a state legislature passes legislation (a state statute) that attempts to reverse the Roe decision by prohibiting all abortions in that state. Which is controlling in that state, the statute or the decision of the United States Supreme Court? Explain your answer.
3. Define the term "court of record."
4. Define jurisdiction, and differentiate between a court of general jurisdiction and a court of limited jurisdiction.
5. What is the common law? How do the concepts of stare decisis and precedent relate to the common law?
6. What is the source of most criminal law today? Where does that law come from?
7. What is the constitutional mission of a prosecutor?
8. Create a set of facts under which co-defendants could not be represented by the same attorney. Explain why separate counsel is necessary under your scenario.
9. Do you believe that police officers should arrest every violator they encounter, discover, or are made aware of? Support your answer. What factors should an officer consider when deciding whether to arrest or otherwise pursue a prosecution?
Readings:
Criminal Law and Procedure
Introduction to the Legal System of the United State
By Daniel E. Hall