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Instructor’s comments from the Phase 4 IP to apply to the Phase 5 Individual Project

 

Opportunities for improvement: Things to remember for this task:  Discretion is a choice from among legal options, not a decision to break the law.  Getting consent to search vs a search warrant has some benefits, but they are outweighed by the benefits of getting a search warrant.  Prosecutors have wide latitude in charging and can use significant discretion in this area.

 

DUE SUNDAY EVENING

 

PHASE 5 INDIVIDUAL PROJECT:

 

This is a 2-part assignment. Deliverable Length: Part 1 1,200–1,500 words; Part 2 600-800 words

 

Part 1

 

Consider the scenario from the perspective of (1) the police, (2) the courts, and (3) corrections. From each perspective, answer the following questions:

 

  • Where would discretion be appropriate?

  • Where would discretion not be appropriate?

  • Give an example of how discretion (if used in this capacity) could change the outcome of the case.

  • MAKE CHANGES NECESSARY BY TAKING INSTRUCTORS FEEDBACK AND APPLYING IT TO YOUR PAPER.

    Part 2

    In the context of the United States criminal justice system, select any 2 of the questions listed below. Your response should provide sufficient detail on each of the topics, and you should address the topic of discretion within the criminal justice system.

 

  • What factors influence the exercise of discretion?

  • What are some of the methods for controlling discretion?

  • What are some ethical considerations for discretion?

  • Do you think there is too much discretion in the criminal justice system? Explain.

  • Do you think it would be desirable to limit the amount of discretion in the criminal justice system? If so, how would you do it? What might be the effects?

 

  • 6 years ago
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