FAU The Statutory Laws Are the Laws Accepted by Society Analysis

1. Explain the difference between case law, common law, and statutory law by comparing and contrasting these three concepts with examples of each.  

2. Dual court systems present interesting issues in criminal justice. In the recent cases, heard at the state and federal level, involving the murder of Ahmaud Arbery, the defendants were prosecuted in both the state and then in the federal courts. They were convicted in both courts and prosecutions. There are many crimes that can be prosecuted in both state and federal courts. Why do we have a dual court system and why do you feel it is a good or bad idea? 

3. Judicial review is defined as “the power of any court to hold unconstitutional and hence unenforceable any law, any official action based on a law, or another action by a public official that it deems to be in conflict with the Constitution.” The argument arises between one view that the Court is a co-equal branch that is a counterbalance to Congress and the Executive Branch and the other view that the Court is unelected and unaccountable and appears to rule without reason. Which of these arguments do you support and why?

4. The Rule of Law is an important concept in any system of laws and fair proceedings. It has been argued that whatever a current President of the United States is implicitly legal because it is done while the president is in office such that the president cannot be sued or prosecuted for crimes alleged to be committed while in office. If the President drives drunk while in office, doesn’t the Rule of Law mean the president should be prosecuted? Why or why not? 

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Discussion Question: Movies and television shows with issues of criminal procedure have been popular for nearly a century. Pick any popular fiction movie or TV show and discuss how the popular media portrays the issues and practices of criminal procedure and the balance our criminal justice system strikes between “means” and “ends.” In your opinion, how accurate is the picture painted by the media? Consider how much popular media influences public perceptions of these issues.

For this assignment, pick a specific episode of a television show or name a movie that has law enforcement investigating and potentially arresting people. In your first post, tell your classmates what the episode of the television series you chose (by episode name or season and episode number) or what movie you chose, what is happening, and how it presents issues of law enforcement practices.