Assignment Objectives
Distinguish between federal and state court criminal trial procedures
Deliverable length:
4-6 pages without the title or reference pages
Reading Assignment:
Textbook: Ch #1 & #2 of Criminal Courts: Structure, Process, and Issues
Authors: Champion, Hartley, Rabe.
Publisher: Pearson, 3rd edition, ISBN# 9781269330824
- Blade, B. (1991). FOURTH AMENDMENT–THE CONSTITUTIONALITY OF A SOBRIETY CHECKPOINT PROGRAM. Journal Of Criminal Law & Criminology, 81(4), 800-818.
- 193 Mich. App. 690, 485 N.W.2d 135 (1992).
· 443 Mich. 744, 506 N.W.2d 209
The Assignment:
It is unusual when a case proceeds through both the state and federal court systems. Read each of the court decisions identified below that discuss Michigan State Department of Police v. Sitz. This case involves the use by Michigan of driving under the influence (DUI) roadblock stops. Case decisions are as follows:
- 496 U.S. 444 (1990)
- 193 Mich. App. 690, 485 N.W.2d 135 (1992)
- 443 Mich. 744, 506 N.W.2d 209 (1993) Address the following questions after reading the assigned material:
- What were the issues on appeal raised by Sitz in the Michigan appellate court?
- How did the appellate court resolve those issues?
- How did Sitz’s case enter the federal court system?
- What issues did he raise before the United States Supreme Court?
- How did the Supreme Court resolve the case?
- What differences can you identify between the way the Michigan state courts addressed the issues raised by Sitz and how the Supreme Court addressed them?
Cite a minimum of 3 library resources that aid in discussing the differences between state and federal courts. Particular emphasis should be placed on jurisdictional differences between state and federal courts and the various reasons why the Supreme Court had jurisdiction in the Sitz case.
These IP’s compile to becoming the Phase 5 key assignment; each one builds onto each other.
In the final phase of this course, you will be presented with a factual scenario from an appellate court case highlighting issues concerning the role of the various participants (prosecution, defense attorney, judge, or jury) in the criminal court process.
Based on the scenario and your own library research, you are required to respond to prompts specific to the case.
You will be required to cite a minimum of 3 library resources in answering these questions, and to answer the following:
- Discuss why you chose these resources to study this case and why you believe they adequately display the function of the court.
- Point out in each resource the stage of the criminal court process that is illustrated as well as the criminal court process participants and their roles as outlined in these resources.
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