03 Jun WHAT IS THE MAIN FUNCTION OF A JURY?
1. 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? 2. 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 execused 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? 3. The Unites States Supreme Court has often held that “Mere police questioning does not constitute a seizure”, Florida v. Bostick, 501 U.S. 429, 434 (1991). Whether or not the officer doing the questioning has any basis for suspecting an individual of criminal activity, if the circumstances surrounding the knock and talk are such that the person does not feel free to leave and stop answering questions, the questioning becomes “custodial” and the person is “seized” under the Fourth Amendment. With that noted, what factors do you think should be recognized or taken into consideration when judging whether a person should reasonably consider him/herself in “custody”? Explain your responses. 4. Define the concept of standing. When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples. 5. 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?
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