Discussion questions
Part 1
History of Criminal Law and Punishment [WLO: 1] [CLOs: 1, 3]
Prior to beginning work on this discussion, read Pioneers in Criminology: The Historical Development of Criminology and Evolution of Punishment. Additionally, watch 002 History of US Law and What Is the Law?
Western societies have been punishing criminal actors since ancient Greece. This begs the question of whether or not punishment is an effective means of crime control and recidivist reduction. As you explore the balance of freedom versus security and the history of criminal punishment, be willing to think of new ways to address and deter criminal behavior. Explain the history of punishment and its goals. Your response must detail the origins of punishment, how notions of what is “appropriate” punishment is for a given circumstance over time, and an analysis of the effectiveness of modern punishment methods and schemes. Offer one or two suggestions for improvement to methods of punishment currently in use.
Part 2
Jurisdiction/Beyond a Reasonable Doubt. [WLOs: 2, 3] [CLOs: 3, 4]
Prior to beginning work on this discussion, read Taking “Beyond a Reasonable Doubt” Seriouslyand Federal and State Jurisdiction Additionally, watch What Does Beyond a Reasonable Doubt Mean?
A central component to any criminal case is the jurisdictional requirement for a court to hear a criminal case. In your examinations this week, focus on the power of jurisdiction and its significance as part of the criminal justice system. Who creates jurisdiction, and why is it so significant? Similarly, a sound understanding of the legal requirement that the prosecution must prove every element of a statute beyond a reasonable doubt is required for all criminal justice professionals. This discussion requires you to examine reasonable doubt instructions for juries from three states and choose which one is best; remember to justify your responses with reliable sources.
What is the legal concept of the prosecutor’s burden of proving all elements of a criminal offense beyond a reasonable doubt (BARD)?
Where did the burden of BARD come from, historically?
Compare and contrast the beyond a reasonable doubt jury instructions from these three different states: Nevada, New York, and Louisiana; pick the one that best explains this legal concept and justify your answer in your primary discussion posting.
