Category: Law

Threaded 5

  Due February 13 at 11:59 PM

The discussion assignment provides a forum for discussing relevant topics for this week on the basis of the course competencies covered.

For this assignment, make sure you post your initial response to the Discussion Area by the due date assigned.

To support your work, use your course and text readings and also use the South University Online Library. As in all assignments, cite your sources in your work and provide references for the citations in APA format.

Start reviewing and responding to the postings of your classmates as early in the week as possible. Respond to at least two of your classmates initial postings. Participate in the discussion by asking a question, providing a statement of clarification, providing a point of view with a rationale, challenging an aspect of the discussion, or indicating a relationship between two or more lines of reasoning in the discussion. Cite sources in your responses to other classmates. Complete your participation for this assignment by the end of the week.

The dangers inherent in police work are brought to the publics mind when police are killed in the line of duty. This is especially true when it is apparent that the officers were deliberately ambushed. Clearly, the relationship between police and community differs widely from place to place.

  • Discuss how perceptions of police can differ across different communities or cultures.
  • Critics of police have questioned the militarization of local police in America. Explain what is meant by this term and analyze whether it is an accurate characterization.
  • Earlier in the course, we examined positive theories, which suggest that criminal behavior is often influenced by factors outside the offenders control. Can positive theories apply also to police officers who use excessive force or otherwise abuse their power?
  • Police agencies across the country are increasingly turning to the use of body cams. These are devices worn on the uniform of a patrol officer in order to record audio and video during encounters with residents. Proponents believe body cams will deter and detect instances of police misconduct. What are the drawbacks of body cameras? What position do police unions take on this issue?

Project 5

 

Instructions

In August, 2016, one small West Virginia city dealt with 27 heroin overdoses in just a four-hour span. Earlier in 2016, the Buffalo, New York area saw 23 fatal overdoses in eleven days. Although these particular examples took place in 2016, similar occurrences can unfortunately be found in other times and locations.

Review the following reports:

Prepare a report in Microsoft Word that covers the following points:

  • Conduct an analysis of the opiate addiction problem. Be sure to include a look at how users become introduced to opiates and opioids in the first place.
  • Describe the factors that contribute to these problems. Incorporate the theories from earlier in the course where appropriate.
  • Propose specific recommendations for resolving the problems. Analyze whether this issue should be approached as a law enforcement or a healthcare issue.
  • Identify expected changes that will occur in the communitys perception of the criminal justice system when these policies are instituted.

Make certain that you support your analysis with proper reasoning.

Submit your analysis in a Microsoft Word document to the Submissions Area by the due date assigned. Name your file SU_MCJ5001_W5_A2_LastName_FirstInitial.doc.

Lstd302

150 words replay to each questions

Q 1.  

  • Discuss the primary differences between civil litigation and criminal prosecution.

The main differences between the two listed above is that civil litigation is a civilian case that involves the courts, but the Plaintiff is requesting the courts to provide some type remedy for their suffering or type of pain. (Storm, 2012) Think of it as I want money for what this person just put me through. In Civil litigation the Plaintiff is the injured party suing the Defendant. (Storm, 2012)

As for Criminal prosecution is legal action brought on by the state or federal government. (Storm, 2012) Easy way to think of it is youve committed a crime at the State/Federal level, and they are charging you with a crime. In criminal prosecution the Government is the plaintiff and the defendant are the ones that has committed the so-called crime or broken the criminal statute of sed Government. 

  • Why are criminal defendants given more rights than civil litigants? Provide some examples of the rights afforded to criminal defendants.

Criminal Defendants are afforded more right because of the act theyve committed can be considered breaking a law/statute and the state is taking action on behalf of the people. A criminal defendant will have the right to defend his/hers rights because the constitution allows him to in many different ways. (Storm, 2012) First we have Article 1, Section 10 which protects the Criminal Defendants from Ex post facto laws and Bills of Attainder. Fourth, Fifth, Sixth, eighth, Fourteenth Amendment Rights followed by Federal and State Constitutional rights in Court. (Larson, 2018)

Ex post facto law is a law that is passed because of a crime so that the government can prosecute sed person later.  (Larson, 2018) An essay example of the above is talked about in the lesson if murder is defined as any living human being born alive and change the law to included unborn fetus, while on trial is consider breaking the above law. 

Bills of Attainder is when the Legislative branch of the government punishes the defendant without a trial. (Storm, 2012) Is easy to comprehend lets say Im part of a political party but some statue is passed preventing me from being hired because of sed statue makes it the above law. 

Fourth amendment protects us from unreasonable search and seizure and warrant requirements. (Larson, 2018) The Amendment protects you from evidence that was collected illegally of by means without a search warrant when one was required. Perfect example of this is the New England Patriots Owner has been implicated in a charge but with everything Ive heard the warrant used was not legal to the extent that the local police unit used Hence a lot of the evidence may not be used.  

Fifth Amendment protects you from Double Jeopardy, the right to remain silent, Due process of law and Miranda rights. (Storm, 2012) (Larson, 2018)

Sixth amendment controls the rolls of Criminal Prosecutions that afford you Jury Trial, Disclosure of Charges, the right to Counsel, Confrontation of Witnesses and Speedy trial. (Larson, 2018)

Eighth Amendment protects you from Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted(Larson, 2018)

Fourteenth Amendment gives you Equal Protection, Privileges and immunities, and due process to defendants in the state courts. (Storm, 2012)

  • It is possible to be found not guilty in criminal court, but to be found guilty in civil court. Explain how this is possible. Provide an example of a scenario where this might be the case such as, murder versus wrongful death or assault versus personal injury. 

An easy way at looking at the above question is that because youre afforded a lot of right in criminal prosecutions the Plaintiff (Government) must prove that youre guilty beyond reasonable doubt. That statement is the hardest to prove if evidence is not collected in the proper method or there just isnt enough evidence to prove you did it. Prefect example is the OJ Simpson trial he was found not Guilty in Prosecution but was found liable for the civil Litigation of the death of the woman. (Storm, 2012)  Other examples are all over the United states, I can share a story from my family. My Grandfather was ran over by a Person in the early part of the decade and was killed, they brought Criminal Prosecutions on him but was found not guilty because they could not prove he did it on purpose or willing. Once that part of the process was complete, we sued and were in Civil Litigation and won on that end because he caused harm to our family that is ever lasting. 

Larson, A. (2018, May 7). he Most Important Constitutional Rights In Criminal Cases. Retrieved from https://www.expertlaw.com/library/criminal/constitution.html

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

Q2.

  1. The term civil litigation is a legal process applied to non-criminal matters.  Matters that seek resolution not through criminal charges but legal disputes (Harvard Law School n.d.).  Matters such as landlord/tenant disputes, real estate lawsuits, workers compensation claims and divorce lawsuits (Harvard Law School n.d.).  A criminal prosecution simply is a legal term that refers to the trial process in which gives a suspected criminal a fair trial.  This can be at the federal, state and or local level (Harvard Law School n.d.).  So as one can see the primary difference between the two is, civil litigation deals with non-criminal matters where criminal prosecution does.  Once other difference is usually a civil litigation does not usually make it to court and is settled between the two parties where criminal prosecution usually settles in court (Harvard Law School n.d.).  That said another difference between the two is goal or the outcome of the matter (Storm, 2012).   
  2. The reason criminal defendants are given more rights than civil litigants is due to the fact that the punishments are a lot more severe.  These defendants could lose their life and or liberty where in a civil litigation only have the risk of losing money (Storm, 2012).  An example of this can be used in the trial that took place in the O.J. Simpson trial where his lawyer utilized their Six Amendment right of a speedy trial (Storm, 2012).   More examples of rights that are afforded to criminal defendants can be found in the Constitution.  Some examples being the right to be free from self-incrimination, presumption of innocence and the right to be free from excessive bail (hg.org).    
  3. Yes, it is possible to be found not guilty in criminal court but to be found guilty in civil court.  This is because even though a crime was not committed doesnt mean there is no civil lawsuit present.  For example, if someone crashes their vehicle into someone elses on accident they should still have some kind of consequence.  That said, since there has been no crime committed doesnt mean the individual that caused the accident should not have any punishments.  Thats where civil court comes into effect where they can sue for damages done to the person who was hit.  Damages such as bodily and psychological harm.  Now say the person who caused the accident killed the person in the vehicle they hit.  They can now be sued for psychological damages done to the family or sued due to the fact that if the person killed had a family they took care of, now will not be able to so the victims family will be compensated in civil court (Harvard Law School n.d.). 

-Jonah

Harvard Law School. (n.d.). Litigation: Trial. Retrieved from

Harvard Law School. (n.d.). Criminal: Prosecuting Offices. Retrieved from 

Storm, L. (n.d.). Criminal Law. Retrieved from 

(n.d.). Retrieved from

defendants-40221

Q3.

Civil litigation and criminal prosecution have different goals and purposes. Civil litigation is a legal action between two individuals to resolve a dispute such as a personal injury claim for example.  Civil litigation may be filed in state or in federal court, based on the issues involved. Criminal prosecution is a legal action where the government prosecutes a defendant to protect the public. Its a legal proceeding instituted in a proper court room on behalf of the public for the purpose of securing the conviction and punishment against a defendant for criminal behavior.

2.Once an individual is arrested for a crime  and charged, they become a criminal defendant. They have a right to remain silent, right to an attorney and have a public trial. Civil litagation deals with civil cases with one person against another person without attorneys or representation. We see this a lot of those court tv shows during the day time. 

3. Since criminal court and civil court are two different things, yes one person could be found not guilty in a criminal court and guilty in a civil court. An example of this would be the OJ Simpson case. He was found not guilty for the murders on Nicole and Goldman in a criminal case but a civil jury found him guilty and responsible for the the two deaths.  While a criminal jury might reasonably fail to find guilt beyond a reasonable doubt and acquit an accused, a civil jury might also reasonably find by a preponderance of the evidence that a defendant s unlawful conduct results in civil liability.

Introduction to criminal law, http://ebooks.apus.edu.ezproxy1.apus.edu/LSTD302/Storm_Ch1.pdf

Week 1 Discussion 2

Resource ReadingHow to Read a Case and Research Article       

Carefully examine How to Read a Research Article from Section II of your text (Spohn & Hemmens, 2012, pp. 42-45). Using the 10 criteria for review found in the text, prepare a critical analysis of one of the four articles which immediately follow the analyses techniques:

  • The Process Is the Punishment: Handling Cases in a Lower Criminal Court (Feeley, 1971, as cited in Spohn & Hemmens, 2012, pp. 46-55);
  • The Honest Politicians Guide to Juvenile Justice in the Twenty-First Century (Feld, 1994, as cited in Spohn & Hemmens, 2012, pp. 55-67);
  • The Rehnquist Court and Criminal Justice: An Empirical Assessment (Smith, 2003, as cited in Spohn & Hemmens, 2012, pp. 67-83); or
  • Wrongful Conviction: Perceptions of Criminal Justice Professionals Regarding the Frequency of Wrongful Conviction and the Extent of System Errors (Ramsey & Frank, 2007, as cited in Spohn & Hemmens, 2012, pp. 83-107).

Your analysis should focus on whether or not you believe that the author provided a persuasive analysis and your reasoning for your conclusion. It is recommended that your post contain approximately 400 words.

Guided Response:
Review your colleagues posts, and substantively respond to at least two of your peers. Focus on author bias in the selected article for your primary response. Indicate where your peers observations are either reliable or unreliable based upon the 10 criteria listed in Section II of the text. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7 of the week, and respond with robust dialogue to anyone who replies to your initial post.

                    Search entries or author                 Filter replies by unread  Unread 

IP3.

Conduct a risk assessment of a town, state, or country other than your own, and create a strategic mitigation, response, and recovery plan for presentation before the emergency planning board of your community.

Address the following in 12 pages:

  • What is the hazard or risk that you believe should be mitigated?
  • Why is this hazard or risk a priority?
  • What steps should be taken to mitigate the risk (project description)?
  • What other examples of this hazard or risk and your recommended solution strategy exist? Were they successful?
  • What are the anticipated costs associated with your suggested strategy?
  • What are the legal, political, and community impacts of the project?
  • What are the potential impacts or outcomes in those 3 domains if the recommended project is not undertaken?
  • Based upon the emergency management concept of incident management that includes the phases of preparedness and mitigation, response, and recovery, please identify the actions that will need to be taken in each phase as they relate to the hazard you have selected.
    • Identify the major challenges that the community and responders will encounter when responding to the hazard.
    • What solutions exist (e.g., mutual aid, contract services) to overcome those challenges? Explain in detail.
    • What should be the short- and long-term recovery goals of the community following this events occurrence?
  • Be sure to reference all sources using APA style.

Writing Assignment

 

Post a response to the following:

  • Imagine that you have been given the opportunity to present information and data on the research topic you chose in Week 1. Your audience is various criminal justice professionals along with community members who are not as well-versed in quantitative analysis.
  • First, describe an obstacle you could potentially encounter when presenting quantitative information to a wider audience that includes participants with varying levels of understanding of the criminal justice system and statistical data.
  • Next, briefly explain what information and/or statistics you would present to help the audience understand the importance of this topic. Be sure to include in your answer what you can do as the presenter to ensure that everyone in the audience has a thorough understanding of the topic.

Writing Assignment

Writing Assignment

(WA

1

)

Secondary Data Analysis

Literature Review

Total Points Possible: 

5

0

pts.

(See Syllabus for Due Date) ________

Write a 

summa

ry 

analysi

s of 

the 

journal article given to you 

on Canvas

(pic

k one)

.  For the majority of 

the essay

,

you

are writing the article analysi

s in your own words but you must demonstrate the ability to 

know

when and how to use APA style 

in

text citations for quotes and paraphrases

,

and your sources 

ideologies,

definitions

, dates and statistics

.  You also need to create an APA style reference page

(at the 

end of your essay)

.

Give a good but brief introduction and b

e sure to explore the following phases of the

articles

research process in your review

:

theory, methodology, f

indings and conclusions

(if any are not 

included in the article

,

you need to state that in 

the

conclusions)

.

Three

page maximum length.

S

how your ability to apply terminology from the assigned readings

and classroom discussion

in

to

your 

essay

when approp

riate

.  It is very important to note that this class is a discipline specific writing class 

and we will be using APA style citations.  You must demonstrate the ability to use the APA style tools 

you have learned in

class in all your writing assignments thi

s semester.  

T

ype you

r

name, writing assignment number, class meeting time and date in the upper right

/left

hand 

corner, this 

header

should be 

single spaced

.  

The writing assignment should be in proper left align 

paragraph format.  

The 

body

of the text

should be 

double spaced

using a 

10 or 12 font size with 1 

borders

. To guarantee the assignments do not accumulate late points they must be turned in 

on or 

before

the beginning of the 

c

lass period of the assigned due date.  If you send the assignments as 

an E

mail attachment

,

make sure your file is sent as a MS Word or Rich Text Format (rtf) document or I may 

not be able to open it

which is the same as not receiving it.  Remember

,

there is a loss of 5 points per 

each day the assignment is late (see syllabu

s).

The Research Process Explored:

Abstract

Introduction

Methodology: 

Analyze secondary data

(

the 

lit review

is what we are doing for this assignment

)

Theory

Methodology

(primary data collection not conducted but explored)

Findings

Discussion

& Conclu

sions

References

Homework Assignment (Hilary)

  • Based on Generation like clip: Answer the following questions:
  • First, what are your overall impressions of the documentary? Positive, and/or Negative? How do you think being so socially media active affects nonverbal communication? and how does it affect traditional interpersonal communication as a whole? Positive and/or negative? What are your views on the issue of businesses, and corporations using the audience, (the social media users) to market and promote their, merchandise, and products? Do you think it is positive to have desires to post images, and videos of yourself (or individuals) in examples of getting “likes” by any means necessary? Do you think people spend too much time on social media? why or why not? Finally, where is Social medial going to take society in the future? In terms of communication and corporate marketing and sponsoring by social media? Please, also post an image, or Meme, or tweet that recently got you to like, or share it, or maybe has a lot of likes, and caused you to stop and actually question or be shocked at the amount of likes it had and describe its ability to generate so many likes? Do you think there is corporate sponsoring behind it? Why or why not?

Unit 2

APA Style

300-400 Words minimum

2 peer-reviewed resources

Based on topic for research proposal

Discussion 1:

Your problem statement, research questions, and hypotheses help determine the types of data you need to collect for your applied Research Project. Thinking about your own research study, answer the following questions:

1. What are the main research hypotheses or questions you would hope to examine by conducting your proposed research study?

2. What information would you need to collect in order to test each hypothesis or answer each research question (explain for each hypothesis/question)?

3. What research subjects or units will provide the most relevant information to address the research hypotheses/questions? Why?

Discussion 2:

  

1. What type of data would you need to collect (qualitative, quantitative or both) to address you stated hypotheses? Explain.

2. What type(s) of data collection techniques (experiments, surveys/questionnaires, field research, participant observation, content analysis, existing data research, or evaluation research) will you use to address your problem statement? Why?

3. How will the data collection techniques you select effectively address your research hypotheses? Explain.

Human Resource

 Should employers concern themselves with the personal finances of applicants and current employees?  Should personal finances only be a concern with jobs having significant financial responsibility?  If someone has a “bad” credit score, what does that tell employers about that person?