Answer to Question 1
The five different criminal procedure ideals in the real world: balancing, proportionality, equal justice, accuracy, and evidence-based decision-making. Balancing refers to securing public safety while protecting individual privacy and autonomy. Proportionality is the use of no more government power and resources than are needed to prevent, investigate, and prosecute crime. Equal justice refers to law enforcement, prosecutors, judges, and all other legal actors making unbiased and impartial decisions. Accuracy in criminal procedure refers to avoiding two errors of justice: sanctioning innocent people and failing to punish the guilty. Finally, evidence-based decision-making utilizes both legal and empirical evidence to justify government actions.
Answer to Question 2
The text-case book encourages active learning by utilizing the read-abouttalk-aboutwrite-about approach to interrogating criminal procedure in the Digital Age. A successful interrogation of criminal procedure should make you a more intelligent consumer of criminal procedure by: (1) engaging with the text-case book in several different formats; (2) applying the five criminal procedure ideals to real cases; and (3) appreciating a variety of views on the big issues in criminal procedure.
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