Discuss the due process function and the rehabilitation function of the courts.
What will be an ideal response?
Answers will vary. The due process function of the courts is to protect individuals from the unfair advantages that the government-with its immense resources-automatically enjoys in legal battles. Seen in this light, constitutional guarantees such as the right to counsel, the right to a jury trial, and protection from self-incrimination are equalizers in the "contest" between the state and the individual.In the rehabilitation function, or the "medical model" of the criminal justice system, criminals are analogous to patients, and the courts perform the role of physicians who dispense "treatment." The criminal is seen as sick, not evil, and therefore treatment is morally justified. Of course, treatment varies from case to case, and some criminals require harsh penalties such as incarceration. In other cases, however, it may not be in society's best interest for the criminal to be punished according to the formal rules of the justice system. Perhaps the criminal can be rehabilitated to become a productive member of society and thus save taxpayers the costs of incarceration or other punishment.
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In jurisdictions in which a grand jury is used, police officers may be called upon to do which of the following?
A) testify before the grand jury B) guard the suspect C) present charges before the grand jury D) search the suspect
In Jordan v. City of New London (2000), the issue(s) at hand was(were)
a. does a low I.Q. score disqualify someone from being a police officer? b. can someone be too intelligent to be a police officer? c. does age discrimination apply to public safety jobs? d. all the above
Answer the following statements true (T) or false (F)
1) The rights that are applicable to juveniles have been expressly granted by the courts and through legislative action. 2) A juvenile in custody is not entitled to rights per Miranda. 3) A police officer must possess a warrant to take a juvenile into custody. 4) When interrogating juvenile offenders, it is helpful for the police to confuse the subject by using “big words.” 5) Law enforcement can reduce the likelihood of juvenile false confessions using a variety of age-appropriate techniques.
The Irish system is the model on which the American parole system is based
a. true b. false