JUS 325 All Discussion Question with Answers Moddule 1 to 8

JUS 325 The Adjudication Function

Module 1 DQ 1: Provide a definition of judicial activism and judicial restraint. What is the appropriate role of judges with regard to these concepts? Should judges use the current sociopolitical milieu as a gauge to interpret the constitution? Why?

Module 1 DQ 2: How does the constitution define the role of the judiciary? Is it a vaguely defined or clearly defined role? Why do you think that the Framers made the decisions they did regarding article three? Explain.

Module 2 DQ 1: What advantages and disadvantages are there with federal, state, tribal, and local trial courts all having jurisdiction over categories of offenses, such as drug offenses? Should there be one uniform jurisdiction designated to handle those offenses?

Module 2 DQ 2: Imagine you are a prosecutor for the state of Arizona. The suspect you are investigating may be responsible for a spree involving activities in three different states. Before charging, would you consult with other prosecutors who may have federal or state jurisdiction over the case? Why or why not?

Module 3 DQ 1: Explain the purpose of the Fifth Amendment. Why would the founders include such a provision in the Bill of Rights? Is such a provision necessary?

Module 3 DQ 2: Explain the purpose of the eighth amendment. Why would the founders include such a provision in the Bill of Rights? Is such a provision necessary?

Module 4 DQ 1: How does one become a Judge? Do you agree with the process? Explain.

Module 4 DQ 2: In Arizona as well as in many other states, the Attorney General and the county attorneys are elected into office for 4 years. What are the pros and cons of filling these offices by election rather than appointment?

Module 5 DQ 1: What are the most common methods for criminal court cases to be dismissed in pre-trial procedures? (For example, plea bargains) Do these methods properly protect a criminal defendant’s civil liberties?

Module 5 DQ 2: How much involvement should a victim have in a criminal court proceeding? Should a victim be able to read a victim impact statement? Whose rights are more important in a criminal proceeding, the criminal defendant or the victim? Explain.

Module 6 DQ 1: What are the various forms of plea bargaining? Under what conditions would each be used?

Module 6 DQ 2: Under what circumstances should a judge participate in plea negotiations? Would you want a judge who was a notorious hardliner in terms of sentencing on drug cases to participate in negotiations if you were the defendant in the above case? Remember that negotiations can fail; how might a failure in negotiation affect the outcome?

Module 7 DQ 1: What are Intermediate sanctions? In what circumstances might intermediate sanctions be appropriate? Explain.

Module 7 DQ 2: What components make up the sentencing process? Which components fall within the judge’s discretion versus what a jury must decide?

Module 8 DQ 1: Describe the Federal Appellate system. How does one get a case before the Appellate judiciary? How influential are the appellate courts amongst one another? Explain.

Module 8 DQ 2: Describe the typical composition and procedural process of an Appellate court. What type of argumentation does an appellate court hear? Why are appellate court decisions important to the judiciary? Explain.