How does discretion affect the defendant throughout the criminal justice process?

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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