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1) Identify the many different sources of rights that apply to criminal procedure. 2) Describe and distinguish the due process and the crime control perspectives. 3) List reasons why bright-line decisions may be preferable over case-by-case adjudications and vice-versa. Which do you prefer and why? 4) Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it. 5) Explain what the preliminary hearing is and the procedural issues associated with it. 6) What are the Fifth Amendment issues regarding defense reciprocal discovery obligations? 7) What pretrial discovery rights does the prosecution have? In light of the governmen

Date Posted: 09/10/2020
Category: Law
Due Date: 09/10/2020
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  • ESSAY. Write your answer in the space provided. 1) Identify the many different sources of rights that apply to criminal procedure. 2) Describe and distinguish the due process and the crime control perspectives. 3) List reasons why bright-line decisions may be preferable over case-by-case adjudications and vice-versa. Which do you prefer and why? 4) Considering that the Bill of Rights was designed as a series of limitations on the federal government, does it make sense that many of the same limitations have been applied to all states by the United States Supreme Court? Take a position and defend it. 5) Explain what the preliminary hearing is and the procedural issues associated with it.
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  • 6) What are the Fifth Amendment issues regarding defense reciprocal discovery obligations? 7) What pretrial discovery rights does the prosecution have? In light of the government's power to charge a person with a crime, which could lead to the loss of property, liberty, or even life as a consequence, is it fair to make the defense discover anything to the prosecution? 8) Identify and define the fruit of the poisonous tree doctrine and the exceptions to it. 9) Should the good faith exception to search and seizure violations be eliminated? Does it matter that the good faith exception allows for constitutional violations to go unpunished? 10) Is civil liability a meaningful deterrent against police misconduct? Why or why not?
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