Discussion Questions

  1. Discuss how you think the American justice system would be different if it were inquisitorial instead of adversarial.
  2. Prosecutors have vast discretion in making charging decisions. Considering the criteria that should be considered, which of those do you think should be the most significant? Which are of lesser importance?
  3. Read Case Study 4.3. Given the “costs” of the wrongful conviction, should the prosecutor have received a harsher penalty than a written admonition? What would you have done?
  4. Read A Closer Look (p. 109). You are the ultimate decision maker in this case. What do you decide? Why did you decide that way?