We viewed the video in class, but here is the link in case you’d like to view it again.  Please answer the following questions and bring to class Monday to discuss.

1. What red flags did you see with Turleys behavior? (What should have clued in the parents?)
2. Do you think parents of today (v. parents at the time the abuse occurred) are more educated or savvy in protecting their children from potential predators involved in scouting? Explain your answer.
3. What are some of the reasons the victims give for not reporting their abuse? What happened to the boys who DID report abuse?
4. What are some of the negative impacts experienced by the boys featured in the documentary?

 Read attachment, NBC Learn: Infant IQ Testing, then answer the following questions: 

1. Do you believe babies/young childrens IQ should be tested before starting kindergarten? Explain.
2. Based on the results of the IQ testing, would it be fair to place some young children in more advanced or remedial classes based on the results? Why or why not?
3. Based on the chapter, do you believe such testing might result in disparate treatment or in identifying children as potential offenders or as being feeble-minded? Explain.

Make sure to:

• Write a short essay or paragraph of at least 300 words.
• Use concrete examples/details and avoid generalities.
• Address all questions.

Due Date: Must be submitted through Canvas no later than February 21, 2020, at 11:59 p.m.

Syllabus:

Writing Assignment 1:

Three (3) Case Briefs: The case-briefing exercises require students to analyze published judicial opinions and then summarize the salient points of the case within a single page. We will go over how to write a case brief in class. The case briefs will be graded using the grading rubric posted on Canvas and will count towards 30% of the final grade in the course (4% for the first case brief; 6% for the second case brief; 10% for the third case brief).

Purpose: The purpose of reading in the practice of law is different from the purpose of reading in many other disciplines.  In law, you read not just to familiarize yourself with someone elses ideas, but to be able to use the information to formulate and answer additional questions.  This requires understanding judicial opinions.  Therefore, passively reading cases is not sufficient; you must deconstruct judicial opinions into different parts and state those components in your own words in an easily accessible format.  Case briefs reduce the volume of material and ensure understanding of the opinions for application in a new set of facts. 

Directions: Choose one of the cases from Part II: Table for Cases section of your textbook (page 453), and use the “Briefing Cases” article I provided you in class February 5, 2020, as a “How To” guide for your case brief (case name; facts; procedural history; issue(s); holding/decision; rule; rationale/reasoning; final disposition; and other opinions (dissent/concurrence).  Please keep in mind that while a case brief generally consists of similar topic headings, some professors/employers will have a preferred briefing format.  You are only required to follow this general format in this class. 

Formatting: One single-spaced page; 12-point font; Times New Roman font; one-inch margins; clear topic headings. 

Grading Rubric:

Class Book 

Constitutional Rights of Prisoners

150 words agree or disagree to each question

Q1,

Duress is when a person is forced to act against their own free will the threat of force of actual force and violence. (Rivera, 2019) Duress is a justification defenses requires four things to be true to be able to be used. 1. Person was in immediate danger that could possibly result in harm of serious bodily harm. 2. The threatened harm must be greater than the harm caused by the crime 3.The threat must be immediate and in escapable 4. the defendant must have become involved in the situation through no fault of his own. (Rivera, 2019) you may also use the duress defense when force or violence is used to compel him to enter a contract or to discharge. Easy way to use this defense is to prove that the above 4 were used. I was driving around town and a man forced himself into my car, held me at gun point and said drive. Once we circle the area, he forces me to commit a crime with him by robbing a bank. At which point I will use duress defense if charged with a crime. 

Intoxication defense is that focuses on the defendants inability to form the requisite criminal intent. (Storm, 2012) Intoxication can be broken down to voluntarily or involuntary intoxication. (Storm, 2012) The best way to use it is to claim you where drugged by some one while at a party. You voluntary drank but you involuntary took the other drug because you did not know someone gave it too you. If youd happen to commit a crime you couldve used the Intoxication defense. (Storm, 2012)

These defenses should relive you of the highest penalty of prison but not before its prove that you were forced to commit sed crime by what defense you are using. If be to easy to use these defenses all the time if it worked every time. 

Duress should be allowed to be used in a murder case because people in todays society are great at taking advantage of people. A perfect example which most would not consider, when a gang member is forced to go out and prove he belongs with the gang. Lets say a young man joins a gang and the leader says go out and kill this guy, gang member willing does it because in reality hed be killed himself or beat out of the gang, Which can lead to death in some cases. Therere many more cases too, woman in abusive relationships, one last beating could lead to death. 

Dixon v. United States (05-7053). (n.d.). Retrieved from https://www.law.cornell.edu/supct/cert/05-7053

Rivera, J. (2019, September 30). Duress as a Defense. Retrieved from

Storm, Lisa M. (2012). Criminal Law .

Q2.

The types of defense I decided to go with for this discussion are very common ones we see in courts today and widely used with defense attorneys to get there clients out of trouble or to lower sentences post trial.

Self-defense- most commonly used as justification defense. This justification defense can be used with cases that pertain to but not limited to assault, battery and criminal homicide (Storm, L., Criminal Law CH5). Self defense is used to state that the defendant did commit the crime but only because it was an act to save themselves, others or their property.

Insanity defense- also commonly used as an excuse defense. This excuse defense can be used with any legal matter. It is an excuse to claim that the defendant is mental unstable to stand trail and that they are mentally incapable to take full responsibility for their action in the crime. There for should be pardoned due to there mental handicap.

Further explaining how these defenses are used at trial. A defense based on justication (self-defense) focuses on the oense and deems the conduct worthy of protection from criminal responsibility. A defense based on excuse (mental instability) focuses on the defendant and excuses his or her conduct under the circumstances (Storm, L., Criminal Law CH5). Which brings up a great question as to Should these types of defenses relieve a person of his or her criminal responsibility? In my opinion I absolutely do not think that it should totally relieve the person from there criminal responsibility. My reasoning behind this is everyone should have to answer to the evidence and still stand trail even in a case of self-defense. Just because one person states they only had one choice to protect them selves we often find that there were other avenues the person in question had to take instead of committing the murder itself if it came to that. In a case of insanity there is no chance someone is that in coherent to make a choice. If that is the case, they would one never been unsupervised and two they would have been in a hospital or committed in a treatment facility to combat that mental instability instead of roaming the streets and committing such heinous crimes. Just my thoughts

With Part II and explaining the defense of duress cannot be used in cases of murder. Is this exception reasonable, or are there murder cases where this defense should be allowed? I cant say I can answer that truthfully due to not fully understanding what is duress? According to Cornell Law School, duress is when a person makes unlawful or otherwise engages in coercive behavior that cause another person to commit acts that the other person would otherwise not commit (Cornell Law School, 2020).  In my opinion what his means is having someone else commit the crime because I knowingly cannot due it. I would have to say it is not exception reasonable to allow this in a court of law. Case in point bullying I can go and text or call someone and keep telling them that if they dont like someone, they should do something about it and go and assault the individual. Now if I have the influence to have some do that I am just as guilty cause I knowingly have the knowledge that this person is going to commit the assault so I should be held liable as well for committing the crime because I influenced it.

Storm, L, Criminal Law CH.5 (pp. 119), retrieved from

Cornell Law School, 2020, Legal Information Institute, retrieved from  

Q3.

Part I

Affirmative defenses fall under the categories of justification and excuse. Choose one justification defense (self-defense, duress, etc.) and one excuse defense (infancy, mistake of fact, intoxication, etc.).Explain how these defenses can be used at trial. Should these types of defenses relieve a person of his or her criminal responsibility?

On of the most comment defenses right now would be the insanity defense. Many individuals believe that if they claim to have some sort of mental disorder that their charges will be instantly dropped or reduced in which would mean they would most likely avoid jail time and just be put into a mental institute or possibly overall free. The defense would essentially say that this individual did not know what they were doing due to their mental state and cannot recall what happened. This would immediately fall under the MNaghten insanity defense since they are claiming that they were doing nothing wrong because their mental state believed they were doing right.  We have seen many of theses insanity defenses lately when it comes down to the trial of a mass shooter sadly and many do not fall for it since they think they are faking it in order to take the easy way out. (Storm,2012)

In my opinion I feel everyone should be held accountable for their crimes whether they are small or big and there needs to be some sort of reprocution with it. Lets say someone was completlely drugged and given an illusination without  their consent and were scared and did something then I feel like that individual should not be help accountable because they were drugged by another individual and they did not willingly take it. There are just too many different types of scenerios that could change the way someone may or not be charged and mental state is the main one.

Part II

The defense of duress cannot be used in cases of murder. Is this exception reasonable, or are there murder cases where this defense should be allowed?

Duress should not be reasonable for one main reason which would be the fact that one life is not better than another. An individual is not capable of willingly commiting a murder and then claim duress defense.  A duress can work well also because during this time an individual may end up confessing to the crime that they have committed.

References:

Storm, L. (2012). Criminal law. Retrieved from

• Presentation: Policy Analysis in the Criminal Justice Context
• Website: Contextualizing the Criminal Justice Policy-Making Process
• Website: Offender Re-Entry
• Website: Implicit Theories of Criminal Behavior: Fostering Public Support for Ex-Offender Community Reentry
• Website: Privatizing Political Authority: Cybersecurity, Public-Private Partnerships, and the Reproduction of Liberal Political Order
• Website: Restorative Justice: A Model of School Violence Prevention
• Website: The Tyranny of Data? The Bright and Dark Sides of Data-Driven Decision-Making for Social Good

 For this Discussion Board Forum, interact in a free-flowing discussion of the biblical and constitutional parameters for the particular policy focus being discussed this module/week. In other words, you must discuss the May portion of the May-Can-Should approach to policy analysis and implementation. Engage the ideas of your classmates and the required readings and presentations in a meaningful and thoughtful manner.

Remember to provide thoughts on what government should or should not do from a biblical and constitutional perspective. Also discuss what other groups, individuals, and organizations (possibly including state and local government) should be doing within society to address the policy issues discussed in this module/week. 

Discussion Board Instructions

You will complete 5 Discussion Board Forums in this course.

For each Discussion Board Forum assignment, you will interact in a free-flowing discussion of the biblical and constitutional parameters for the particular policy focus of the assigned module/week. These posts should be short and succinct (3-5 sentences at most per post) and should encourage greater interaction with your classmates. Thus, you are to post according to the following guidelines:

Biblical: One separate post (3-5 sentences) discussing Biblical principles such as natural law, inalienable rights, sphere sovereignty/covenant, the Sin/Crime distinction and the institutional separation of Church and State

Constitutional: one separate post (3-5 sentences) referencing the enumerated powers, Articles and Amendments from the Constitution which are relevant to the assigned policy area

There must be two separate posts. Both posts must focus on the general policy area for the assigned Module/Week. For instance, when the course module focuses on criminal justice, the Biblical post must focus on what the Bible says about what government may or may not do in fighting crime. Likewise, the Constitutional post must focus on what the Constitution says about what government may or may not do in fighting crime. Specific examples should be used and cited. 

Feel free to interact with your classmates, but for grading purposes, you will only need the two posts mentioned above.

You must use the following sources:

1. the Bible,

2. relevant presentations and articles from Modules/Weeks 12 which focus on biblical and constitutional ideas, including the Biblical Principles of Government article, 

3. the required reading from the assigned module/week, and

4. any additional relevant sources that you would like to use.

Political Systems Analysis Brief: Transitional Developed Countries

You will discuss the following from both a Biblical and a political perspective:

What strengths and weaknesses exist within the nation states political structures and arrangements?

What strengths and weaknesses exist within the nation states economic structure?

In conclusion, how well does this nation-state balance liberty, justice, stability and prosperity (LJSP)?

General Guidelines:

All ideas shared by the student must be supported with sound reason and citations from the required readings, presentations, and additional research.

The paper should be 2-3 pages of content in length (not counting the title page or references), double-spaced, and in Turabian format.

All required readings and presentations from Module 6, and any relevant readings and presentations from Modules 1-5 must be cited.

3-5 additional sources must be used. These need not be scholarly so long as they are provide relevant political and economic analysis of your chosen nation. Wikipedia may not be used (though certainly the student is welcome to review its content), and informal blogs are not appropriate.

For the Module 7 brief, you will discuss a nation from the Global South

You will discuss the following from both a Biblical and a political perspective:

What strengths and weaknesses exist within the nation states political structures and arrangements?

What strengths and weaknesses exist within the nation states economic structure?

In conclusion, how well does this nation-state balance liberty, justice, stability and prosperity (LJSP)?

General Guidelines:

All ideas shared by the student must be supported with sound reason and citations from the required readings, presentations, and additional research.

The paper should be 2-3 pages of content in length (not counting the title page or references), double-spaced, and in Turabian format.

All required readings and presentations from Module 6, and any relevant readings and presentations from Modules 1-5 must be cited.

3-5 additional sources must be used. These need not be scholarly so long as they are provide relevant political and economic analysis of your chosen nation. Wikipedia may not be used (though certainly the student is welcome to review its content), and informal blogs are not appropriate. 

 5 sentences for each question

Instructions:

1) Describe what is meant by contract discharge through commercial impracticability. Give an example. 

2) Explain the invasion of privacy tort. How does it vary based on the situation? Give an example.

Reply must be 250 words and include citations from at least 1 scholarly sources. Each thread and reply must follow current APA format.

Glesne, C. (2016) Becoming qualitative researchers: An introduction (5th ed.). New York, NY: Pearson.

**David**

Following the surveys and the interviews on the topic of choice, there comes a time when it must all come together into a completed research paper.  The process involves a thematic analysis of the data searching for patterns from the different respondents in an attempt to link the data into a combined view of the topic.  The analytic rigor comes in the coding of the data and is particularly common in ethnographic studies when the interview transcripts, field notes, and observation notes come together into the combined perspective through the process of coding (Wan, 2018).  Our text and other sources explain the coding process, but the thought process and explanation of the meaning of the noted similarities and differences become the source of coding made up of events, perceptions, methods, values, and noteworthy occurrences summed up into the authors unique code (Glesne, 2016).  The purpose of this discussion is to provide insight into the key benefits and strategies of coding and provide information on dangers to avoid while coding interviews.

Key Benefits and Strategies of Coding

 There are benefits and strategies for the coding process.  The coding process in quantitative research is a straight forward process enabling a count used in the statistical process; this is not so in qualitative research, as described previously.  The systematic process of coding entails identifying the categories, themes, and codes to determine how data ties together and makes sense (Glesne, 2016).  Making sense of information is a crucial benefit of coding, allowing for an inductive and deductive approach where inductive coding provides phrases or terms directly from the source, and deductive coding comes before the analysis from reviewing the literature and establishing a code before the information gathering takes place.  Another key benefit of coding comes from the systematic progression from data to theory providing detailed examples relating directly to the source information.  There are multiple strategies for coding, but using the deductive and inductive approach listed above provides an excellent way to tie the data into existing literary findings (Linneberg & Korsgaard, 2019).

Dangers to Avoid While Coding Interviews

With an understanding of the benefits and strategies of coding, this discussion will shift to the dangers to avoid while coding.  A criticism of coding and a danger to avoid while coding interviews is losing the holistic aspect central to qualitative analysis, but this danger is avoidable by keeping the overall understanding of the experiences applicable and related to the findings emerging from the source data.  Another danger comes from the subjectiveness of the coding process, but subjectiveness offsets itself by the vividness and detail obtained from qualitative research.  Another danger to avoid that falls in line with subjectiveness is not including others in the coding process.  Trustworthiness comes in, including others in the coding process, to establish reliability through collaboration.  A final danger comes if the researcher mistakes coding as a quick mechanical fix and de-contextualizes the data to the point it loses its realistic perspective where the count of occurrences replaces comprehensive narratives.  The researcher avoids this quick-fix danger by ensuring their results include the rich accounts of events sought after from qualitative research (Linneberg & Korsgaard, 2019).

Conclusion

 The purpose of this discussion was to provide insight into the key benefits and strategies of coding and provide information on dangers to avoid while coding interviews.  The benefits come from making sense of data and allowing for an inductive and deductive approach where inductive coding provides phrases or terms directly from the source, and deductive coding comes before the analysis from reviewing the literature and establishing a code before the information gathering takes place. The other benefit is the systematic progression from data to theory providing detailed examples relating directly to the source information.  The strategies associated with the deductive and inductive approach offer an excellent way to tie the data into existing literary findings.  The dangers come from losing the holistic aspect central to qualitative analysis, the subjectiveness of the coding process, and mistaking coding with a quick mechanical fix and de-contextualizing the data.  Researchers avoid these dangers by being true to the rich descriptiveness that comes from qualitative research.