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Criminal Law Terminology. The textbook this week provided you with a wealth of information about key concepts in the foundations of criminal justice. In your primary response for this discussion, explain the differences between a misdemeanor and a felony charge. Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions.
Jurisdiction and Searches. Answer your designated question below. Be sure to support your answer with scholarly sources and the text.
Respond to this question if your last name begins with the letters A-L. What is jurisdiction and how does it affect criminal prosecution? Can the type of crime determine jurisdiction for a court? Distinguish between federal and state courts for criminal cases.
Due Process. 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.
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.
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.
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
Homicide. 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?
Robbery and Extortion. 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?
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.