Criminal Law Review Questions

Improved Essays
Review Questions

1. What is the purpose of the United States Constitution?
The purpose of the United States Constitution is to secure citizen’s freedom and rights.
2. Why is the reasonable doubt standard used in criminal cases?
The reasonable doubt standard is used in criminal cases because there are serious consequences of being convicted of a criminal offense. These serious consequences include loss of one’s life or liberty.
3. Under what circumstances would a civil case be heard in federal court?
If the defendant and plaintiff live in different states and the argued amount exceeds $50,000, then the civil case will be heard in federal court.
4. What are the possible consequences of violating a local ordinance? Name two.
Two possible consequences
…show more content…
Is it enough to be "suspected" of terrorism, or should these suspects have the right to a fair trial before being detained indefinitely?
Since 2012, if a person is “suspected” of terrorism, then he/she will be held indefinitely without trial. I do not believe this to be fair. If there is hard evidence to prove the suspect to be innocent, then I believe the suspect should be allowed a fair trial. If there is no evidence, then the suspect should be held, but still be given a trial in order to prove him or herself innocent.
2. Under what circumstances would a defendant be wise to settle out of court? Explain
To avoid unnecessary fees, stress, and for privacy reasons, a defendant would be wise to settle out of court. When settled out of court, details to a case could be left private which is good if the defendant does not want people to know about their case. Also, trials involve attorneys, time, and expert witnesses, which could cause stress for the defendant.
3. Do you think more innocent people are found guilty in criminal cases or civil cases? Explain.
I think that more innocent people are found guilty in civil cases due to a matter of opinion. Civil cases tend to be an “argument” between two people (neighbors, co-workers, an employee and employer) and most people always believe they are

Related Documents

  • Great Essays

    Ivic 2 Romeo Phillion: 31 Years Behind Bars "It was all fabrication, perjury, bias, promises and coercing. That 's how they built their case. There is not one piece of evidence that points at me; it all points the other way." – Romeo Phillion Miscarriages of justice, where an innocent individual is wrongfully convicted of a crime, were, until recently, thought to occur infrequently. Although the number of wrongful convictions is an unknown figure, it has been said to be approximately one to five percent of convictions in America each year, where one percent averages out to about 6000 cases (Anderson, Anderson & Marquis, 2001).…

    • 2950 Words
    • 12 Pages
    Great Essays
  • Improved Essays

    Hurst Court Case

    • 1018 Words
    • 5 Pages

    The right of due process is one of the most characterizing features that embody the spirit of American liberty. Can anyone imagine a world without constitutional protections, provided for the accused, against arbitrary accusations? Before the establishment of the United States’ Constitution, the founding fathers of America understood that rights inherently bestowed unto the people are rights that should be protected by government institutions. The right against cruel and unusual punishment and the right to a trial by jury are just two of the several protections offered to Americans by the Constitution. In the case Hurst v. State of Florida, Timothy Hurst was charged, convicted, and sentenced to death for the murder of Cynthia Harrison at the…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Throughout the history of the United States there is many cases of civil unjust and/or acts that are morally just. This is due mostly in part because of the constitution of the United States and how it is interpreted. There are mainly two ways of interpreting the constitution; strict and loose construction. Strict and loose construction of the constitution can apply to practically every national debacle.…

    • 543 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Crucible Pre-Reading Response Today's court cases completely go against the statement that Justice is best determined in a court of law. An example of how justice isn't always best determined in a court of law would be a white teenager who killed four people in a car accident, and was only on probation instead of receiving a criminal sentence. In 2013 Ethan Couch a 16 year old white male was conducting a vehicle while under the influence of alcohol ,in the process he crashed and killed four other people. His sentence was supposed to be a maximum of 20 years in prison for the charge of intoxication manslaughter, instead this teenager was given 10 years of probation. The jury made this decision because his parents hired a psychologist that was…

    • 487 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    On September 11, 2001, the United States and the view on terrorism has changed forever. These were the devastating attacks that sparked the War on Terror and the creation of Guantanamo Bay. Guantanamo Bay is a detention camp located in Cuba that hold suspected terrorists and is used to extract critical information. There have been proposed plans to close or replace Guantanamo Bay due to moral and cost-wise reasons. However, it should remain open because the detainees are too dangerous to move to another prison, crucial information is extracted, and the U.S. Constitution and the Geneva Convention are not violated.…

    • 1100 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The failure of overworked lawyers to investigate, call witnesses or prepare for trial has led to the conviction of innocent people. When a defense lawyer doesn't do his or her job, the defendant suffers. Shrinking funding and access to resources for public defenders and court-appointed attorneys is only making the problem…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Evidence Interpretation

    • 1578 Words
    • 7 Pages

    Evidence Interpretation Over the years, there have been several cases that have been resolved with a false guilty plea or cases where a guilty party was not convicted of a crime. There are various elements that play a role in solving cases; evidence is a one of these key elements. Many factors can determine if the evidence submitted before a court of law is accurate such as how the evidence is collected, if proper protocell was followed before the laboratory’s handling of the evidence, and if the evidences was accurately processed by the crime scene laboratory by various forensic scientists. Furthermore, with the advances in technology in today’s society, various pieces of evidence such a DNA analysis have been considered a crucial element…

    • 1578 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    The key topic that is under debate throughout this paper is jury nullification and how its procedures work within the justice system, as well as some of its strengths and weaknesses. There is quite a bit of controversy surrounding jury nullification being used as a primary rectification in the justice system as it tends to make equal outcomes become unequal outcomes. Jury nullification is a process in which a jury reaches a verdict of not guilty despite the fact that the defendant is actually guilty of the actions he or she is being charged for. The jury nullifies a law that is believed to be immorally wrong or wrongfully applied to the defendant.…

    • 2583 Words
    • 11 Pages
    Superior Essays
  • Improved Essays

    Fairness Vs Mediation

    • 365 Words
    • 2 Pages

    Can an argument be made that alternative dispute resolution diminishes our constitutional rights to a fair trial? Compare and contrast the fairness between a civil trial court decision and a decision reached by a single mediator in a binding mediation. The fairness of a civil trial decision and a mediation decision has many differences, such as who makes the decision and whether or not there is a right of appeal. The fairness of a civil trial decision includes a judge, jury, a winner and a loser.…

    • 365 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Being A Patriot Act Essay

    • 518 Words
    • 3 Pages

    3. The U.S.A. Patriot Act is an antiterrorism policy set forth immediately following the attacks of 9/11, in which various federal agencies are given increased power in determining the reach of domestic surveillance, interagency data sharing, law enforcement, immigration, individual privacy, civil liberties, and overall authority. The consequences of such an extensive act include endangerment of privacy, discouragement of free speech, potential abuses of civil liberties, an imbalanced and unchecked government authority, and increases in discrimination and profiling against Muslims, Arabs, and people who appear related to those two previous labels. Guantanamo Bay is an off shore military prison that holds people whom the U.S. consider to be suspected terrorists. Technically prisoners of the Bay are supposed to be guaranteed “humane treatment, free exercise of religion and medical treatment”(Civil Liberties).…

    • 518 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    The U.S. Constitution was established to give an understanding of the principles and the laws of the nation. The U.S. Constitution contains twenty-seven amendments. The first ten amendments are known as the Bill of Rights. The Bill of Rights was created to protect rights of citizens of the United States and balance the power of the government. The four amendments of the Bill of Rights that deal with criminal procedure are the Fourth, Fifth, Sixth, and Eighth Amendments.…

    • 1229 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Five Amendments

    • 1399 Words
    • 6 Pages

    Every citizen of the United States (U.S.) has been afforded rights and protection, even from its own government. Our forefathers wrote an important piece of the U.S. framework and development in the U.S. Constitution. Within the U.S. Constitution has the first ten amendments, better known as the Bill of Rights. These very ten amendment has the very civil rights and protections for all citizens.…

    • 1399 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    According to figures founded by the NSW Bureau of Crime Statistics and Research, between 1993 and 2011, defendants heard in the Supreme Court were acquitted of all charges in 55.4% of judge-alone trials compared with 29% of jury trials. Professor Mark Findlay of criminal justice at Sydney University accredits these exonerations to judges being less likely to be guided by emotion whilst jury members could approach the case subjectively thus hindering the presumption of innocence. Furthermore, juries are becoming increasingly more influenced by social media reports and coverage, risking the procedure of a fair trial and including the possibility of the trial being aborted. The issue of “trial by social media”, recently gaining national attention following the high-profile murder case of Jill Meagher (2012), compromises the accused presumption of innocence and transfers the burden of proof from the prosecution to the defendant. The courts have deemed maintaining the balance of publicity and…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Essay On Fifth Amendment

    • 1549 Words
    • 7 Pages

    American Government When accused of a crime in the United States of America we have many rights protecting us so that we are innocent until proven guilty. These rights include our fourth, fifth, and sixth amendments of the Constitution. Our fourth amendment protects us from illegal search and seizure of our properties. Our fifth amendment protects us from being accused of any capital crime without being tried in front of a grand jury. The fifth amendment also includes the right of due process which is our right to be treated fairly through a trial process.…

    • 1549 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Jon B. Gould, J.D., Ph.D., a professor and the director of the Washington Institute for Public and International Affairs Research at American University and his team of researchers conducted a three year, first of its kind, large-scale empirical study Predicting Erroneous Convictions: A Social Science Approach to Miscarriages of Justice employing social scientific methods. It was funded by NIJ, and an NIJ video features Gould discussing wrongful convictions. After identifying 460 cases employing sophisticated analytical methods matched with a qualitative review of the cases from a panel of experts, 10 statistically significant factors were identified that distinguish a wrongful conviction from a “near miss” (a case in which an innocent defendant was acquitted or had charges dismissed before trial) NIJ…

    • 2703 Words
    • 11 Pages
    Superior Essays