BRILLIANT CHAPS

write 10 different 2 pg(1000 words) essays to each of the following questions.

Question 1:

•Review again the Case Close-Up of Floyd v. City of New York in Chapter 2 – doesn’t talk much about ruling

•Complicated procedural history

•Review Judge Scheindlin’s 2013 decision on liability, available at

LINK: https://ccrjustice.org/sites/default/files/assets/…

DO NOT NEED TO READ ALL 100+ PAGES

•Review page 191 through the end of the conclusion section

Discuss the following:

•What does this case demonstrate about the role of federal courts compared to local authorities?

•What do you think the NYPD’s implementation of the stop and frisk policy and this case demonstrates re: law on the books vs. law in action?

•What do you think the NYPD’s stop and frisk policy and this case says about the actors in the criminal justice system and the checks and balances, or lack thereof, on these actors

Question 2:

LINK: https://www.wnyc.org/story/how-bronx-prosecutors-thwart-chances-speedy-trial/

•Listen to The Brian Lehrer Show – How Bronx Prosecutors Thwart Chances of a Speedy Trial

•~25 minutes

•Discuss :

•What role do the actors in the courtroom other than the prosecutor play in enforcing speedy trial rights, and what tactics can they use to address delay in a case by the prosecution?What does this demonstrate about the balance of power among the actors in the courtroom?

•What role, if any, do you think court overcrowding plays in case delay?How much of case delay do you believe is attributable to the actors in the courtroom, and how much is due to case volume?How can court overcrowding be best addressed?

Question 3:

•LINK: http://www.brennancenter.org/blog/how-reduce-incarceration-change-prosecutors-incentives

•Discuss:

•Discuss the proposal in the article – do you think it would be effective?Do you think it would help achieve justice?How would the proposal in the article affect the roles of the actors in the courtroom, and how do you think other actors would act to the change in practice of the prosecutor?

•Do you think prosecutors are the most powerful actors in the courtroom?Why, or why not?

Question 4:

•Johnnie L. Cochran Jr., How Can You Defend Those People, 30 Loy. L.A. L. Rev. 39 (1996).

•LINK: https://digitalcommons.lmu.edu/cgi/viewcontent.cgi…

Discuss the following:

•What is your opinion on a defense attorney’s ethical duty to represent unpopular clients?

•What is your opinion on a defense attorney’s ethical duty to represent clients the defense attorney knows to be guilty?

Question 5:

LINK: https://www.nytimes.com/2008/05/25/us/25exception.html

•Discuss the following:

•What does the ad in the article suggest about the public perception of judges and defense attorneys?What does it demonstrate about the role of elections in selecting judges?

•What do you think the judge’s role should be in the courtroom, and how does this role differ between law on the books and law in action?

Question 6:

LINK: https://www.cbsnews.com/news/florida-considers-ballot-initiative-that-would-restore-voting-rights-to-felons/

•Discuss the following:

•What is your opinion on voter disenfranchisement after an individual has served their sentence?Do you think voter disenfranchisement can be squared with democratic principles of American government, and how if at all do you think it is influenced by the history of race in the United States?

•Do you think restoring voting rights for convicted felons could impact judicial elections in states that have popular judicial elections?Do you think it could impact criminal justice policies?Why or why not?

Question 7:

•NJ Bail Reform Podcast – Planet Money: NJ Bails Out (20 minutes)

LINK: https://www.npr.org/sections/money/2018/08/29/6430…

Discuss any of the following:

•What is your opinion on cash bail systems and bail reform?

•Do you have any ideas on how to best ensure that defendants return to court, while still honoring the presumption of innocence?

Question 8:

•Read the following

LINK: https://www.nytimes.com/2008/07/19/us/19exclude.ht…

•Describe what the exclusionary rule is and discuss the following:

•What is your opinion on the exclusionary rule?Do you think the rule should be changed in any way, or abolished?

•Do you think the exclusionary rule is effective?Do you think it is just?

Question 9:

•Read the following

LINK: https://www.forbes.com/sites/walterpavlo/2018/07/31/are-innocent-people-pleading-guilty-a-new-report-says-yes/#190872235193

•Discuss the following

•What is the trial penalty?

•Do you think an innocent person might plead guilty?Why, and in what circumstances?

Question 10:

•Read the following

LINK: https://www.nytimes.com/2011/12/21/opinion/jurors-can-say-no.html (Paul Butler)

•Discuss any of the following

•Should jury nullification be a right of jurors in criminal trials in the United States?Why or why not?

•Do you think jurors should generally be trusted to wield the power of jury nullification?Do you think there should be some limits put on this power, and if so, how?

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