Explain the entrapment defense and how the burden of proof shifts from the defendant to the government. Next, discuss with your colleagues whether courts should be involved in evaluating law enforcement tactics and strategies and in acquitting individuals who are otherwise guilty of criminal conduct.
Explain the 1) presumption of regularity and 2) discretionary judgement as it relates to the prosecutor and how that relates to the prosecutor’s responsibility to faithfully execute the laws. Explain selective prosecution and vindictive prosecution. Finally, discuss your thoughts about the power of the prosecutor. Is it too much power? Appropriate power? Explain and discuss your reasoning.
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