Favorite Criminal Law Course Discussions

Week 5 Question: Do you think [probable cause] is a good and fair standard? Did the detective speaker offer you any insights into this standard? How do you think the standard could be changed, if you think that it should, and what issues do you see with it overall?

Week 5 Answer:

I believe that probable cause is a fair standard, however, I believe there should be a quantifiable standard to be met before it can be invoked, especially when dealing with traffic stops. An officer simply saying they smell something like weed or alcohol should not be enough to force someone from their car for a search. However, that suspicion plus verifiable (illegal) action should raise to the standard. As the current standard of probable cause is so broad, it may fall short of the Founder’s intentions to fully protect citizens from illegal searches.

Week 8 Question: What did you think about the Ted Talk in this week’s folder? Did you agree or disagree? Did you find merit in this argument? Would you add to or take away any of this information? Did anything particularly stand out to you?

Week 8 Answer:

I enjoyed the TED Talk this week, so much so that after watching it for the first time, I printed out and took notes on the transcript. Mr. Daniels shares a unique perspective on how activism can empower others to create change, something I strive to do every day. I found it particularly interesting when he noted that some of the prosecutors were unaware of the extent to which incarceration creates barriers for people, especially those who are already in a minority group (being a person of color, LGBT, etc). I applaud him for his work in further developing education for public servants regarding incarcerated people and was very enlightened by his talk. 

Week 11 Question: Do YOU think [the cash bond system] is fair? Why or why not–or why are you not sure? What do you think could be done differently?

Week 11 Answer:

I believe the cash bond system is not fair and especially disparages marginalized people. Cash bonds serve as an easy pass for rich people to get out of jail and for bondsmen to get rich, while keeping those who are indigent or who cannot make bond inside the prison system. A person presumed innocent should not be held in jail solely because they cannot pay bail. If they are a community risk, I understand the remand to prison as a viable option. If safety is not a concern, I think a reasonable alternative to prison would be a release on one’s recognizance with the stipulation of GPS monitoring to ensure appearance.

Week 15 Question: What do you think about the trial by jury? Is it a good system? Do you think it works the way it is supposed to? In our more modern world today, can you offer any suggestions for ways to improve the trial process?

Week 15 Answer:

I believe trial by jury is the fairest tool we have in the justice system if it’s done right. Having people from a multitude of backgrounds, who don’t know each other, come together unanimously to decide someone’s fate is one of the highest standards out there.

I do believe sequestration should be standard though, as it is the only way to completely ensure there is no outside influence to the jury. When juries are instructed to disregard things or to only look at the evidence, they can’t just forget things. I think potential jurors should be briefed on the case and common terminology by the judge prior to the start of the case to help them be better informed.

Week 16 Question: Do you think the [justice] system is broken, and if so, do you have any suggestions to fix it?

Week 16 Answer:

Broken is a strong word, however, I believe there are many glaring flaws.

Chiefly in my mind is the cash bail/bond system. As I said in my previous discussion on the topic, bonds “serve as an easy pass for rich people to get out of jail and for bondsmen to get rich, while keeping those who are indigent or who cannot make bond inside the prison system. A person presumed innocent should not be held in jail solely because they cannot pay bail” (Schmitz, Week 11).

Additionally, even though efforts are made to prevent this, wrongful convictions do occur. A recent study published in the Journal of Quantitative Criminology estimated that “wrongful convictions occur in 6% of criminal convictions leading to imprisonment in an intake population of state prisoners” (Loeffler et al., 2018). Six percent may not sound like a lot, but if we figure that 1,000,000 people are incarcerated (Wisevoter, 2023), that means that 60,000 of them are wrongfully convicted across the United States.

These issues highlight the need for adequate defense attorneys (and paralegals) and changes to the system as a whole to make “justice for all” come true. Suggestions I have to fix these issues are to increase the number of people released on recognizance with GPS monitoring to ensure court appearances and to review all claims of wrongful conviction promptly. I’ve really enjoyed this class and can’t wait for next semester!

Sources:

Loeffler, C. E., Hyatt, J., & Ridgeway, G. (2018). Measuring self-reported wrongful convictions among prisoners. Journal of Quantitative Criminology, 35(2), 259–286. https://doi.org/10.1007/s10940-018-9381-1

Schmitz, D. (2024, March 24). Week 11 Discussion. Class discussion, Gadsden State Community College.

Wisevoter. (2023, June 22). Prison population by state 2023. https://wisevoter.com/state-rankings/prison-population-by-state/