Answer to Question 1
Answer: Good answers should address the role of the grand jury in returning indictments and how they serve as a control mechanism over unfettered prosecutorial charging discretion. But the many procedural safeguards in states that allow prosecutors to charge by complaint serve the same purpose. Further, given the amount of control prosecutors have over grand juries, it is arguable that there really isn't much of a check on the prosecutor's discretion. Students need to support their position in light of the stated purpose of grand jury indictments versus the reality.
Answer to Question 2
Answer: Answers should focus on selective and vindictive prosecution. Selective prosecution issues include targeting individuals on the basis of being part of a group, aggressively pursuing conspicuous individuals, targeting the most significant offender in a group of offenders, and pretextual prosecution (charging a lesser crime because the more serious one is not warranted). Vindictive prosecution issues include charging motivated by revenge, increasing charges after a successful appeal, prosecutors increasing charges at the pretrial stage motivated by a desire to punish a defendant for doing something authorized by law.
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