Analyze and explain the important stages of the judicial process in terms of case development, adjudication and resolution. More specifically, how are demands made on the system, how are those demands converted, and what are the results? (NOTE: You might find it useful to employ the systems analysis model to organize your answer).
PART I
1. Stare decisis is considered a fundamental but not iron-clad rule of law, and you know from your readings and the lectures that legal reasoning is a much more complicated process than simply linking facts to precedents. What factors complicate the fact finding and reasoning processes, and what methods have been employed, especially by the Supreme Court, to circumvent the rule of stare decisis? What problems, if any, do you see in the use of these methods?
2. In theory, the petit jury is considered a neutral buffer between accuser and accused, and is meant to prevent oppressive, arbitrary or malicious prosecution by the state in criminal trials. Yet, in recent years a series of judicial decisions and advances in social science techniques has led some commentators to conclude that the neutral buffer has been seriously compromised. With this in mind, write an essay in which you discuss the concepts that are essential to a fair jury trial and the impact of these recent decisions and advancements on those concepts. Do you agree with the critics of these developments, or
are they too pessimistic?
3. American judges are often classified as activists or as practitioners of self-restraint on the basis of their attitudes toward the obligations and responsibilities of the proper judicial function and role. What are the characteristics of these two conflicting classifications, how have their advocates rationalized their positions, and what approaches have they adopted for statutory and constitutional interpretation? What are the implications of these approaches for policy making in a democratic society, and which do you find persuasive? Why? (NOTE: In answering this question, you might consider the views of some of the following justices of the Supreme Court Brandeis, Black, Frankfurter, Douglas, Scalia, and Rehnquist)….
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