What is the main function of a jury? Why is this duty imposed on the jury? Why do you believe some people do not want to perform their duty by sitting on a jury? What are some of the potential issues or risks if they do?
The U.S. Supreme Court has ruled that there are four guiding principles that should be used when determining whether a juror has been properly excused for cause in capital cases. What are those four principles? Do you think any of the principles should be eliminated? Can you think of any principles which need to be added? If so, why?
Discuss why it is illegal to use false or perjured evidence in an attempt to obtain a criminal conviction. What are some of the consequences if this type of evidence is used during a trial? Discuss a case where the Supreme Court made a decision on the illegal use of false or perjured evidence. Provide your own thoughts and rationale on this topic.
Discuss the Bail Reform Act. What factors do the magistrate and judge look at when making the bail, no-bail decision? Who has the burden of proof on these factors? What is the standard of review the federal judge uses when reviewing the magistrates fact-findings on the relevant factors?
Where police misconduct violates an individuals right protected by the United States Constitution, the applicability of an exclusionary rule (and a court’s ability to change the rule) can depend on the constitutional right violated. Do you feel evidence that would be omitted due to such a violation should be excluded, even if the evidence would clear someone of guilt or innocence? Why or why not?