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Factors In Judicial Decision-Making

Factors In Judicial Decision-Making

Factors In Judicial Decision-Making

Imagine that a trail of broken glass led to a room with a desk and the desk drawers opened and empty. Then a stolen credit card from that desk led to surveillance footage at a nearby store, where a known offender was clearly visible using the credit card. The applicable criteria of criminal law, such as probable cause, and a preliminary knowledge of the choices in the process led you to an arrest. What happens next?

One purpose of examining criminal law in previous courses was to determine whether a crime was committed and whether an arrest should be made. Part of a decision to arrest also involves understanding the context of forthcoming decisions when an offender enters the judicial system and possibly goes to trial. Beginning this week, you explore the judicial system in more depth, beginning with the complicated decision-making process for a pursuing a case and trial in the system.

Learning Objectives

Students will:

Analyze factors relevant to decision making in the judicial system

Analyze the concept of negotiated justice and plea deals

Demonstrate understanding of terminology and fundamental concepts in the judicial system

PLEASE READ ALL DIRECTIONS BELOW IN ORDER TO COMPLETE THIS ASSIGNMENT I HAVE ATTACHED A REWRITE PAPER THAT CAN BE USE BY TAKING OUT ALL THE PLAGARISM IT. ALSO MAKE SURE YOU REFERENCE ALL WORK THAT’S DONE IN THIS COURSE AND YOU CAN USE OUTSIDE REFERENCE IN THIS COURSE. I HAVE ALSO ATTACHED WEEK 1 READING MATERIAL TO HELP YOU WITH PUTTING THIS PAPER TOGETHER…

Discussion: Factors in Judicial Decision-Making

When presented with numerous variables and possible outcomes of prosecuting an offender, criminal justice professionals have a foundation upon which to base decisions. There are rules and laws, guidance of what has acceptably been done in the past, a specific pathway that ensures transparency, and the understanding that something can be proven. But which of these is most important? And do they work in concert? In this Discussion, you focus on one of these factors in judicial decision-making and assert why it could be viewed as the most important.

Choose one of the following key factors in determining how to proceed in the judicial system. (Your instructor may choose to assign you and your colleagues to certain factors to ensure a range of opinions.)

Judicial rules

Precedent

Method/manner of bringing a case to court

Burden of proof

Post an argument for why the chosen factor is the most important to decision-making once a case enters the judicial system.

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