Criminal Procedure II, Professor Moskovitz, Spring, 2002, Final Examination

 

Essay Question
Recommended time: 1 hour +

 

Propose changes to at least one and no more than three features of the American criminal justice system that we discussed in this course. Draft a statute that would implement each of your proposed changes.

Include the following in your discussion:

1. What policy objections to your statutes are likely to be made, and what is your response to them?

2. What arguments can be made that your statutes are unconstitutional, as the Constitution is presently written and interpreted by the Supreme Court? How will the Court rule on these arguments? If the Court might strike down your statutes, how would you amend the Constitution to ensure that your statutes are constitutional?