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.

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