Answer to Question 1
The answer should include a discussion on crime control verses due process perspectives. It should also include a discussion of the two-tiered structure of dual sovereignty of state and federal court systems. Finally, the discussion should include the need to understand legal citations, legal vernacular, and the variations of the criminal process. The basic tone of the answer should reflect that the United States criminal justice system is complex and dynamic.
Answer to Question 2
Good answers will vary but should include a discussion of the various incorporation arguments including, total incorporation perspective, the selective incorporation, or the fundamental rights perspective, the total incorporation plus perspective, and finally the view that some have that the topic of incorporation deserves a case-by-case consideration. The important aspect of this question is the position taken and
the analytical support given to the answer. Which incorporation perspective makes the best sense to the
writer and why.
Poor answers will merely recite definitions and have minimal analysis.