Chapter 2 - Could a country such as the United States function without a federal

Chapter 2

1” margins, double-spaced 

 1. Could a country such as the United States function without a federal constitution? Would it be possible for each state to merely abide by its own constitution?

2. Why should the Constitution not include an overall criminal code specifying crimes and punishments that could apply throughout the United States?  3. Why is society considered the victim of a crime rather than the individual victimized?  

4. Why must the legal system provide an appeal procedure?  

5. Can you develop an argument against stare decisis?  

6. Why should courts not be permitted to argue “what if” questions? 

 7. Which underlying theory about the purpose of law do you feel makes most sense—consensus or conflict theory?

 8. If the basic purpose of the U.S. legal system is to ensure fairness in balancing individual and societal rights and needs, is that end best served by an adversarial system in which the person with the best lawyer often comes out on top? Does this  system of justice provide equal access to people of different socioeconomic classes? 

 9. Which operational end of the spectrum do you think our current criminal justice system is positioned closer to: due process or crime control? Why? 

10. What problems could arise for any law enforcement professional not keeping up with the law?