Constitutional criminal procedure provides protections of the defendant balanced against interests of the government, be it law enforcement, prosecutors or courts. Yet, there is a tension between protections for the defendant and protections for the government in constitutional criminal procedure law. Some examples include:
- duct and good faith immunity defense
- Increased polPolice misconice power as a result of the war on terror and an arguable resultant diminished individual liberty
- Prosecutorial immunity
- Plea bargains and the problem of the innocent defendant
Discuss these tensions. Some things to address include:
- Reasons for protections and abuses that occur as a result.
- Do you support removing immunity? Or, is that protection necessary for the administration of justice?
- The increase in police power as a result of the war on terrorism and the effect on individual liberty.
- How does discretion affect the defendant throughout the criminal justice process? Consider the impacts of decision made by police, prosecutors and judges.
- Finally, what amendments are implicated in your discussion? Be sure to demonstrate an understanding of the applicable amendments by interweaving a discussion of the relevant criminal procedure amendments in this paper.