CRJS 3002 WU Factors in Judicial Decision Making Discussion

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Qrcunal71

Law

CRJS 3002

Walden University

CRJS

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Learning Resources

Required Readings

Carp, R. A., Stidham, R., Manning, K. L., & Holmes, L. M. (2016). Judicial process in America (10th ed.). Thousand Oaks, CA: Sage Publications.
  • Chapter 9, “Crime and Procedures Prior to a Criminal Trial” (pp. 202–233)
Judicial Process in America by Carp, R. A.; Stidham, R.; Manning, K. L.; Holmes, L. M. Copyright 2016 by CQ Press. Reprinted by permission of CQ Press via the Copyright Clearance Center.
Carp, R. A., Stidham, R., Manning, K. L., & Holmes, L. M. (2016). Judicial process in America (10th ed.). Thousand Oaks, CA: Sage Publications.
  • Chapter 10, “The Criminal Trial and Its Aftermath” (pp. 234–263)
Judicial Process in America by Carp, R. A.; Stidham, R.; Manning, K. L.; Holmes, L. M. Copyright 2016 by CQ Press. Reprinted by permission of CQ Press via the Copyright Clearance Center.
Carp, R. A., Stidham, R., Manning, K. L., & Holmes, L. M. (2016). Judicial process in America (10th ed.). Thousand Oaks, CA: Sage Publications.
  • Chapter 12, “Decision Making by Trial Court Judges” (pp. 284–326)
Judicial Process in America by Carp, R. A.; Stidham, R.; Manning, K. L.; Holmes, L. M. Copyright 2016 by CQ Press. Reprinted by permission of CQ Press via the Copyright Clearance Center.
Carp, R. A., Stidham, R., Manning, K. L., & Holmes, L. M. (2016). Judicial process in America (10th ed.). Thousand Oaks, CA: Sage Publications.
  • Glossary (pp. 400–404)
Judicial Process in America by Carp, R. A.; Stidham, R.; Manning, K. L.; Holmes, L. M. Copyright 2016 by CQ Press. Reprinted by permission of CQ Press via the Copyright Clearance Center.

Required Media

Serial Productions (Producer). (2018a). Serial: A bar fight walks into the justice center [Audio podcast]. Retrieved from https://serialpodcast.org/season-three/1/a-bar-fig...
Discussion: Factors in Judicial Decision-Making
When presented with numerous variables and possible outcomes of prosecuting an offender, criminal justice professionals have a foundation upon which to base decisions. There are rules and laws, guidance of what has acceptably been done in the past, a specific pathway that ensures transparency, and the understanding that something can be proven. But which of these is most important? And do they work in concert? In this Discussion, you focus on one of these factors in judicial decision-making and assert why it could be viewed as the most important.
By Day 3
Choose one of the following key factors in determining how to proceed in the judicial system. (Your Instructor may choose to assign you and your colleagues to certain factors to ensure a range of opinions.)
Judicial rules
Precedent
Method/manner of bringing a case to court
Burden of proof
Post an argument for why the chosen factor is the most important to decision-making once a case enters the judicial system.
By Day 5
Respond to two colleagues:
Choose a factor that is different from the one you argued.
Explain how your colleague’s position has changed your understanding of that factor’s importance.
Submission and Grading Information

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Explanation & Answer

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1

Factors in Judicial Decision-Making

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2

Factors in Judicial Decision-Making
The burden of proof is the most significant factor in determining how to proceed to
decision-making once a case enters the judicial system (Carp, 2016). It is a party's
responsibility to table enough evidence to support a claim/case. Plaintiffs in civil cases have
the burden of authenticating their claims by a preponderance of the evidence. In criminal
cases, the prosecution has the burden of establishing its accusations beyond a reasonable
doubt. The parties are required to demonstrate that a case is valid or invalid based upon the
facts and testimony presented. A burden of proof is needed of one part in an issue, and in
many i...


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