CJA 352 Discussion Questions and Answers

All Questions Must Be Answered: (Short Answers For Each)

1. The two models in the court system are the crime control model and the due process models. Explain the philosophies of each model and what each model represents.

2. Who is considered the most influential actor in the courthouse? What are the duties and roles prosecutor?

3. What method is often used in state courts to replace the 5^th Amendment right to "not answering a capital offense unless on presentment or indictment of a Grand Jury"? What is the purpose of a preliminary hearing and at what is the level of proof required by the prosecutor to bind a defendant over for trial?

4. What are the different forms of plea bargaining and describe each of them? What is considered the primary benefit of a plea for defendants and what are the major factors influencing plea bargaining and discretion?

5. What is the purpose of the exclusionary rule and what affect does it have on law enforcement?

6. What are the steps in the pretrial criminal procedures and in which steps do defendants have the right to representation of an attorney?