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Is conflict inevitable in all cultures? If not, what can be done to reduce the level of conflict in your own society? Additionally, has religious conflict replaced class conflict as the most important issue facing modern society? Why or why not? What are the three elements that must be shown to establish improper, discriminatory prosecution?  Please place reference under the one it goes with if using separate references How my Professor likes my questions answered. 1 paragraph each question. The MEAL Plan (Effectively writing a paragraph)   Reference Capella University (2015). Retrieved from  Writing in the Third Person http://www.capella.edu/interactivemedia/onlineWritingCenter/downloads/handoutWritingInThirdPerson2007.pdf     M: Main Idea   Every paragraph should have one main idea. If you find that your paragraphs have more than one main idea, separate your paragraphs so that each has only one main point. The idea behind a paragraph is to introduce an idea and expand upon it. If you veer off into a new topic, begin a new paragraph.   E: Evidence or Examples   Your main idea needs support, either in the form of evidence that buttresses your argument or examples that explain your idea. If you do not have any evidence or examples to support your main idea, your idea may not be strong enough to warrant a complete paragraph. In this case, reevaluate your idea and see whether you even need to keep it in the paper.   A: Analysis   Analysis is the heart of academic writing. While your readers want to see evidence or examples of your idea, the real “meat” of your idea is your interpretation of your evidence or examples: how you break them apart, compare them to other ideas, use them to build a persuasive case, demonstrate their strengths or weaknesses, and so on. Analysis is especially important if your evidence (E) is a quote from another author. Always follow a quote with your analysis of the quote, demonstrating how that quote helps you to make your case. If you let a quote stand on its own, then the author of that quote will have a stronger voice in your paragraph (and maybe even your paper) than you will.   L: Link   Links help your reader to see how your paragraphs fit together. When you end a paragraph, try to link it to something else in your paper, such as your thesis or argument, the previous paragraph or main idea, or the following paragraph. Creating links will help your reader understand the logic and organization of your argument or main points.   Reference Capella University (2015). Retrieved from  Writing in the Third Person http://www.capella.edu/interactivemedia/onlineWritingCenter/downloads/handoutWritingInThirdPerson2007.pdf

Chapter 10Introduction and ParticipantsCriminal Procedure Defined• Criminal procedure– Methods used in bringing alleged criminals tojustice– Puts substantive criminal law into action• Federal Rules of Criminal Procedure– Common law, adversarial, accusatorialA Common-Law, Adversarial,and Accusatorial System• Common law– All states except Louisiana• Civil law—judges develop an opinion or a theory andprove that theory to be trueA Common-Law, Adversarial,and Accusatorial System• Adversarial– Truth is more likely to be discovered between twocompeting parties, each conducting its owninvestigation• Pure adversarial system is not employed in the UnitedStatesA Common-Law, Adversarial,and Accusatorial System• Accusatorial– Government (accuser) bears the burden ofproving a defendant’s guilt• Failure results in directed verdict or acquittal• Minimizes risk of convicting an innocent personThe Due Process Model• Crime control model– Repression, detection, and efficient prosecution ofcrime is essential• Failure to do so is perceived as failure of government• Failure leads to fear among citizens• Loss of confidence in governmentThe Due Process Model• Due process model– Individual rights over rights of community• Factual guilt—whether a defendant has in factcommitted a crime• Legal guilt—concerned with factual guilt but also withwhether the defendant’s rights have been observedand respectedCrime Control and Due ProcessModel ComparedThe Participants• Law enforcement officers– Keep the peace, investigate possible wrongdoing,enforce the laws, prevent crime• Must exercise discretion– Ethics• Law Enforcement Code of Ethics—fundamental duty toserve the community• Police Code of Conduct—prohibits discriminatorytreatment of individualsThe Participants• Prosecutors– Prosecutorial discretion—decision whether toprosecute an individual• Ethical obligation• Economics• Nolle prosequi– United States v. Armstrong (1996)– Ethics• Model Code of Professional Responsibility• Model Rules of Professional ConductThe Participants• Judges– Fair and impartial party– Duties• Issue warrants• Supervise pretrial activity• Preside over hearings and trial• Decide guilt or innocence• Pass sentence on those convictedThe Participants• Defense attorneys– Sixth Amendment• All persons have a right to be represented by counsel incriminal cases• Public defenders provided for free (indigentdefendants)– People v. Belge (1975)The Participants• Legal assistants– Conduct initial interviews, maintain files, liaisonwith incarcerated clients, prepare drafts andmotions, prepare witnesses– Code of Ethics• NALAThe Participants• Victims– Victims affect criminal adjudications• Victim is disinterested in pursuing prosecution• Nolle prosequi• Victim may be required to testify at pretrial hearingsand trial– Victims’ Bill of Rights• Rape shield legislation• Victim impact statementsLiability of Governmentsand Their Officials• Immunity and government officials– Judicial immunity (absolute immunity)– Qualified immunity• Free from liability, but not necessarily free from suit– Sovereign immunity• Government’s freedom from being suedEthical Considerations• Attorney compensation– Types• Salary• Hourly• Fixed• Contingency– Not allowed in criminal cases– Paid only when there is a recovery• Court-ordered– Losing defendants to pay attorney’s fees/costs

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