Discussion 1 Instructions
These discussion questions are prompts only. You do not need to specifically respond to all of these questions. Choose one or develop your own question
based on the materials covered during this module.
Module I:
The District Attorney’s strongest arguments against pre-trial release for Kareem concerned Kareem being a danger to the community. In essence, the District
Attorney is making a prediction regarding Kareem’s future dangerousness rather than addressing the present charge against Kareem. Doesn’t this claim run
counter to the presumption of innocence that Kareem should have in this case? What should the District Attorney be required to do in order to prove future
dangerousness?
Kareem was left wondering what the value was in having a preliminary hearing in his case. The textbook indicates that “once in a blue moon a judge will
dismiss charges” at the preliminary hearing. The grand jury is an alternative to the preliminary hearing. However, grand juries are controlled by the prosecutor
and return indictments in almost all cases. Do you think that the due process protections historically afforded by the preliminary hearing and grand jury are
no longer meaningful?
The text discusses a number of due process features in Chapters # 3 and # 8. Some of these steps address problems with delay while others seem to further
delay. Are there too many of these intermediate steps before the defendant’s case is resolved? Do you think that those who drafted the Constitution and the
Bill of Rights intended to create a criminal court system where the resolution of criminal case was so cumbersome?
The text indicates that there are a number of pre-trial hearing possibilities. From what you know so far about the criminal justice system, (from the text, other
classes, or the popular media) is it realistic to expect that public defense attorneys who have massive case loads and very limited support staff resources
would be able to effectively file any of these motions?
After reading chapters # 3 and #8, how would you define due process as it related to the criminal courts? When you reflect upon Kareem’s experiences with
the justice system thus far, do you think that he has received ‘appropriate due process safeguards’?