Reference no: EM132148956

Respond to the following: Answer the discussion(X2). Include at least 2 references.

A good response to a written question should combine your personal experiences with theory to support your work. Be thoughtful and insightful and it must demonstrate critical thinking and analysis.

A good response to the question should be about 3-4 paragraphs, and address all of the issues that are raised. (Introduction, body and conclusion.) Thank you. When answering discussion questions use an example in your answer. These examples can be from your own experience or from something you've read in the news, on the internet, or from any other credible source

D1: Balancing Crime Control with Individual Rights

Introduction

At the heart of our constitutional democracy is the idea of balancing two conflicting values - community security and individual autonomy. Clearly, the value of living in a community where we are safe from crime is an ideal that all communities strive to reach; however, liberty, freedom, and the pursuit of happiness are also values that are guarded and cherished by most persons. The U.S. Constitution provides a framework within which these two values are continuously juggled.

Respond to the following:

Discuss the importance of balancing safety and security with individual rights. Which is more important in constitutional democracy?

Explain why within our historical context. Provide one example where you see public safety and individual rights balanced and another example where public safety has infringed upon individual rights.

D2: The Final Word on Criminal Procedure

Introduction

Within the concept of constitutionalism rests the core idea that constitutions ratified by the people are a higher form of law than ordinary laws passed by legislatures. The criminal procedure clauses of the U.S. Constitution's Bill of Rights form the core of all laws of criminal procedure at both state and federal levels.

Constitutions, although able to be ratified, are forever, and the U.S. Constitution is the prevailing law over all other laws. The Supremacy Clause in Article VI of the Constitution and the judicial review mandate that all criminal procedures must answer to the U.S. Constitution, giving the last word to the US Supreme Court (Hereafter known as the "Court" throughout the remainder of the course).

Despite the principle of judicial review and the Supremacy Clause of Article VI of the U.S. Constitution, which gives the U. S. Supreme Court the final word on interpreting the Constitution, in practice, the issue of the final word is debatable.

Respond to the following:

2. Discuss why in the "real world" of criminal justice, lower federal courts and, more frequently, state trial courts have been allowed the final word on the law of criminal procedure.