Critical ThinkingQuestions

1. Imagine that you are responsible for filling roles for a mock criminal trial. What parts would need to be represented? What types of responsibilities would each position have? Make a list.

2. During the pre-trial phase, witnesses are summoned to the courtroom in which they will testify to facts of a case. During the trial, both fact witnesses and expert witnesses give testimony. Write a response comparing and contrasting what happens with an expert witness versus a fact witness.

3. The Constitution grants all US citizens the right to bail, even when they are facing serious crimes such as murder. Do you agree with this? Why or why not?

4. In most states, the post-trial phase requires judges to sentence the convicted using a sentencing table. This means that they cannot go over or under the recommended sentence for that particular crime. Do you think the law should dictate what the sentence for a particular crime should be, or should this be solely at the discretion of the judge? Explain.

5. Serving a defendant or witness with court documents is an important part of the pre-trial process. Do you think service should always happen in person or is dropping off the paperwork okay? What should happen to those who refuse to receive a summons? Defend your stance.