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The trend in the United States is toward mandatory sentencing for most criminal offenses. Include the following in your initial post:

Define mandatory sentencing.

Discuss the pros and cons of mandatory sentencing.

Provide your opinion of whether or not you agree with mandatory sentencing provisions.

Examine whether or not courts should view each case based on its own facts, or whether or not equal justice can only be achieved through mandatory minimum sentencing. 

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Double Jeopardy. Which amendment to the Constitution prohibits double jeopardy? Can someone be convicted for multiple crimes for one act? 

How can a person be charged with multiple crimes through the legal concept of “lesser included offenses”?

How do lesser included offenses not violate double jeopardy protection? Focus upon the material elements of crimes and how they can vary to allow for multiple prosecutions for the same acts or similar offenses. Provide examples to support your answer. 

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Prepare a paper that details your home state’s approach to sexual predators. Address following items in your paper:

Does your state have any laws that prohibit conduct that would be considered to be predatory?

What types of crimes are codified into law, misdemeanor, or felony?

What are the punishments?

Are there mandatory punishments, or do judges have discretion in sentencing a defendant after conviction?

According to the statutes that you research, is mere solicitation of improper activities enough for a prosecution, or must there be physical contact?

Provide your opinion on the statute(s) and their varying severity on sexual predators.

NOTE: If you cannot locate your state’s statutes, please research Florida’s. 

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Which crime, robbery or extortion, is more harmful to the victim of the crime? Discuss the similarities and the differences between these two crimes. Your primary response should examine the potential culpability of the victim for either crime. Does the fact that the victim may have done something wrong affect your viewpoint of the heinousness of either crime? 

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Define the crimes of voluntary manslaughter, involuntary manslaughter, and negligent homicide. Provide examples for each type of homicide. Evaluate whether the felony murder rule would apply to any (or all) of the three crimes? 

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Parties and Pretrial Procedures. Much of the “work” of the criminal justice system will never be seen by the general public. Prosecutors, defense attorneys, and grand juries determine the course of criminal cases well before a case is even committed to a public docket. In your paper, detail the special responsibilities prosecutors have towards initiating a criminal case against a defendant. In other words, how does a prosecutor make the decision to charge someone? Address the following questions in your paper:

What is a grand jury, and when is a grand jury used rather than the prosecutor simply issuing a criminal charge?

What is the purpose of a grand jury and when is it used?

Can a defense attorney address a grand jury?

Can the defendant attend a grand jury hearing?

5. How can a prosecutor and a defense attorney dispose of a case before it goes to a grand jury?

6. How can a prosecutor and a defense attorney conclude a case before it goes to trial?

In your analysis, include your personal opinion of the morality of a system where so much of the charging and plea bargaining process is in the hands of lawyers, often out of view from the general public. What are the potentials for abuse? What effects on “equal justice” can this system have?

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Reasonable Suspicion and Probable Cause. Two commonly confused concepts in criminal law are reasonable suspicion and probable cause. Define and evaluate both of these significant legal terms, and utilize pertinent U.S. Supreme Court opinions to justify your answers. Finally, address what happens to a criminal case when an officer does not possess reasonable suspicion or probable cause. 

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Fifth Amendment. Everyone has heard or seen the “Miranda Rights” on television and/or in movies. In fact, most people could probably recite what they are without reading the actual U.S. Supreme Court case or reviewing a criminal law textbook. However, there are a number of factors at play that determine when the Miranda rights must be given to a suspect. Does an officer have to Mirandize you if he walks up on the street and says, “How are you today?” When do constitutional provisions “kick in”?

How would you explain the Miranda warnings and their significance to a friend of yours not in the criminal justice field? At a minimum, address the following questions:

What does the Fifth Amendment of the U.S. Constitution mean when it states that a person shall not “be compelled in any criminal case to be a witness against himself”?

When must a police officer read an accused their “Miranda warnings”?

If a police officer violates a defendant’s Fifth Amendment right against self-incrimination, what happens to the criminal case against that defendant?

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Ethics in Criminal Procedure. Prepare a paper detailing the significance of ethics in criminal justice and criminal procedure. Please be sure to include all of the following elements in your paper:

Summarize your working definition of ethics.

Define ethics within criminal justice.

Compare ethics in law vs. real life.

Examine the need for equal treatment of all people in the criminal justice system.

Identify the major safeguards provided by criminal procedure.

Use at least two scholarly sources in addition to this week’s readings to support your findings. 

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What is due process? Create a definition in your own words, and provide the constitutional reasons due process is required along with your own assessment of its significance in the criminal justice process today. Make sure that your primary response explains the notion of ethics and fairness as these terms relate to criminal due process. 

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