JADM340 All Weeks Discussion Latest November 2018

JADM340 Criminal Evidence

Week 1 Discussion

DQ1 RULES OF EVIDENCE

While all of the States have rules of evidence, each is tailored to the states’ own needs or approaches.  Do you think there should be a single, unified approach to the rules of evidence employed by all of the states?  Why or why not?

DQ2 ELEMENTS OF A TRIAL AND APPEAL

Why do you think that the prosecution might include facts that are irrelevant to the case-in-chief during the opening statement?

 

JADM340 Criminal Evidence

Week 2 Discussion

DQ1 DIRECT AND CIRCUMSTANTIAL EVIDENCE

Differentiate between circumstantial and direct evidence, explaining the role of presumption.  How would you categorize the following and why?  1)  prima facie evidence; 2) DNA evidence; 3) eyewitness testimony; 4) fingerprint evidence; and, 5) bullets removed from a victim’s body.

DQ2 SEARCH WARRANTS

Discuss the search warrant (see link below) issued in the case of Caylee Anthony in terms of probable cause, staleness and particularity.  Were the items seized adequately described in the warrant?  Why or why not?

 

JADM340 Criminal Evidence

Week 3 Discussion

DQ1 EXCLUSIONARY RULE

The Exclusionary Rule is a very important component of our constitutional protections.  What is the purpose of the Exclusionary Rule and why is its validity constantly arbitrated in the courts?

DQ2 WARRANTLESS SEARCHES

Do you think the experience of the police officer plays a part in justifying warrantless searches?  Why or why not? 

 

 

 

JADM340 Criminal Evidence

Week 4 Discussion

DQ1 SELF-INCRIMINATION

Are the courts correct in limiting the scope of the Fifth Amendment Self-Incrimination Clause to verbal, testimonial statements so that there is no protection against compulsory police identification procedures?  Why or why not?

DQ2 MIRANDA WARNINGS

In Miranda v. Arizona, the Supreme Court released a convicted rapist to impose a requirement that police advise suspects of their constitutional rights before conducting interrogations.  Was the Court’s decision a wise one?  Why or why not?  

 

JADM340 Criminal Evidence

Week  5 Discussion

DQ1 CHILD WITNESSES

Discuss the challenges associated with child witnesses in the pre-trial and trial processes.  What do you think is the best criteria for determining the admissibility of a child’s testimony at trial? For some examples, read: PBS Frontline: Innocence Lost

DQ2 EXPERT WITNESSES

Review and discuss the cases presented in the Forensic Fraud website (Links to an external site.)Links to an external site. of alleged, admitted and/or demonstrable forensic fraud committed by “expert” witnesses.  How do you think forensic fraud can be avoided in the future?

 

JADM340 Criminal Evidence

Week  6 Discussion

DQ1 HEARSAY

Consider this scenario:  Testimony relative to a drive-by shooting/homicide is given at a grand jury proceeding by several gang members and results in the issuance of a true bill.  Later, at the trial, the gang members go into hiding and are unavailable to testify for the prosecution.  Can their grand jury testimony be introduced at the trial?  Explain why or why not.

DQ2 PRIVILEGED COMMUNICATION

What is the rationale behind the marital communications privilege and the spousal testimonial privilege?  How do you think these types of privileged communications can be reconciled with the search for truth in the criminal justice process?  Which do you think is the most important?  Why?

 

JADM340 Criminal Evidence

Week 7 Discussion

DQ1 WEEK 6: COURSE PROJECT

How does the focus group suggest reconciliation between the fact that the law requires consistent application, whereas science is based on constant revisions and discoveries? Consider the difference in the evaluation process between the Frye and the Daubert standards.

DQ2 CYBER EVIDENCE

Discuss the challenges faced in the prosecution of computer crimes.  What do the articles in the link propose in answer to these challenges?  Can you think of any other ways to meet these challenges?  https://www.justice.gov/sites/default/files/criminal-ccips/legacy/2015/01/14/ssmanual2009.pdf (Links to an external site.)Links to an external site.