Category: Law

Criminal Procedure in Motion

I originally posted this rubric for the essay to be done in full but what was required was only fulfilled half way. The professor left this note on my essay with the grade of a 35.

“You earned 85/100 but the score of 100 points is divided between two cases; one procedural and one about state law. You only presented one type of case in this document and as such you lose 50 points, half of the points, right off the top thus leaving 35 earned. Please see my comments below about each section.

If you choose to revise this document and add a second case to the discussion you may do so and I’m going to open an additional attempt in blackboard now for that purpose. The choice is yours, but I encourage you to do so. Please let me know if you need further clarification or instruction.”

I will post the requirements again with those further instructions and i will attach the original essay so it can be added on to.

Legal research serves as a gateway to locate cases that interpret key areas of substantive and procedural criminal law. From there, understanding how to read the case is integral to using the case for guidance on parameters. The issue is the question presented to the court for review. That question is based on whether what took place at the trial can be challenged as incorrect and impacting the outcome of the case. The appellate court, in reaching the decision, includes the law relied on as support for the decision. That includes statutory law, from legislatures, and other court rulings, where prior courts interpreted the law.

Using the HeinOnline legal research database, use the Fastcase search to locate one U.S. Supreme Court case involving a criminal procedure issue. Searching law in your state, locate one case involving any criminal law issue.

In a 45 page paper:

Identify the key facts from each case and the issues presented to the courts.
Describe the laws relied on by the courts in reaching the decisions.
Illustrate the connection between that authority and the way the courts ruled.
Explain the interpretations of constitutional protections based on the decisions.
Describe philosophical underpinnings and public policy influences.
Relate the importance of conducting this case analysis to a criminal justice career.
Be sure to review the Criminal Procedure in Motion Scoring Guide to ensure that you understand the criteria for this assignment.

Use the links provided in the Resources to help you complete the assignment.

Requirements
Written communication: Must be free of errors that detract from the overall message.
Resources and citations: Format according to APA guideline.
Required page count: 45, not including the title page or the references page.
Required number of references: A minimum of three.
Font and font size: Times New Roman, 12 point.

Fourth Amendment, Policies, and Society

Fourth Amendment, Policies, and Society
Competencies Addressed in This Assignment
Competency 1: Describe how historical problems were managed in the evolution of the U.S. Constitution.
Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Competency 5: Communicate effectively in writing.
Assignment Description
Understanding the foundation of Fourth Amendment protections will help you understand how the interpretation and line-drawing has changed over time to reflect public policy and changes in society. Prepare a 3-page paper, citing a minimum of three academically verified references and addressing the following points:

Describe the type of search the framers of the Constitution prohibited through the Fourth Amendment.
Explain how prohibiting that type of search would address historical problems.
Fast-forwarding to today, you are a police officer getting ready to request a search warrant for an apartment suspected to contain illegal drugs. You know that warrants are generally issued with a knock-and-announce requirement. You are concerned that the occupants will destroy the evidence, and you have heard that some judges will give police a no-knock warrant authorizing officers to enter certain premises without first knocking and announcing their presence or purpose. Using the HeinOnline legal research database for your state, locate one case that provides insight into whether this type of warrant should be requested, and apply the case to the determination by reaching a supported conclusion.
Assume the warrant was requested. Upon arrival you look in the window and see that the drugs are in plain view near the front door, out of reach of any of the occupants. Determine whether you should ignore this new information and enter without announcing. Cite one case from your state to support your position.
Be sure to review the Fourth Amendment, Policies, and Society Scoring Guide to ensure that you understand the criteria for this assignment.

Use the links provided in the Resources to help you complete the assignment.

Discussion Post:Fourth Amendment in Motion

please check example uploaded

Fourth Amendment in Motion
Competencies Addressed in This Discussion
Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Competency 4: Document philosophical underpinnings and public policy influences associated with U.S. Supreme Court decisions.
Competency 5: Communicate effectively in writing.
Introduction
Officer Tyler is standing close to a high school watching the foot traffic. Mike is walking to school, minding his own business. Mike appears older than he is, often being mistaken for someone in college. Officer Tyler is standing in Mike’s path, looking directly at Mike. Mike needs to walk around the officer to continue on his way. Mike is nervous, since the officer is staring at him as he approaches. When Mike is a few feet away, Officer Tyler says, “Let me see some ID.” Mike forgot his identification and tells the officer that he has no ID. The officer directs Mike to empty his pockets. Mike initially starts to do so, but then refuses.

For your main response, address the following:

At that juncture, did Officer Tyler have the right to make the request?
Did Mike have the right to refuse?
What can Officer Tyler do, if anything, after the refusal?
What if Mike then turned and ran from the officer after yelling, “You have no right to ask me to do anything, I was just walking to school and I am scared of you”?
What if, when running, Mike pulled from his pocket and threw away what appeared to be a small bag of cocaine?
Discussion Objectives
The competencies addressed in this discussion are supported by discussion objectives.

Competency 3: Explain the substantive and procedural interpretations of individual freedoms based on case analysis.
Apply the Fourth Amendment to the scenario by analyzing the exclusionary rule and identifying exceptions to it.
Evaluate action/inaction implications based on the scenario.
Competency 4: Document philosophical underpinnings and public policy influences associated with U.S. Supreme Court decisions.
Recognize how court decisions addressing the exclusionary rule impact police procedures.
Competency 5: Communicate effectively in writing.

The Exclusionary Rule

Competencies Addressed in This Assignment
Competency 3: Explain the substantive and procedural interpretation of individual freedoms based on case analysis.
Competency 4: Document philosophical underpinnings and public policy influences associated with U.S. Supreme Court decisions.
Competency 5: Communicate effectively in writing.
The exclusionary rule was created by judges, through case law, to prevent police misconduct. It prohibits the use of evidence obtained in violation of a person’s constitutional rights. The exclusionary rule was established in the case of Weeks v. United States (1914) for federal application and was subsequently applied to the states in the 1961 case of Mapp v. Ohio.

You have been tasked with putting together a training presentation for a new class in the academy. The presentation will address the exclusionary rule, the impacts of the exclusionary rule, and exceptions to the exclusionary rule. In PowerPoint format, address the following:

The circumstances that gave rise to the creation of the exclusionary rule, citing the Weeks case.
The circumstances that gave rise to the extension of the exclusionary rule to the states, citing the Mapp case.
How public policy impacts the balancing of individual rights and societal needs in a Fourth Amendment interpretation.
How the courts have interpreted the exclusionary rule since its creation in your specific jurisdiction, using two court cases as examples.
How one possible exception to the exclusionary rule works, using the following scenario for analysis: You are a supervising police officer and one of your rookie patrol officers, Patrolman Mark, asks you a question about something that happened on his shift. Along with Officer Kennedy, Mark tells you he was executing a search warrant issued for 221B Elm Street. Unfortunately, they went to 212B Elm Street instead and entered the home of Ms. Cook, finding a stack of laptops that turned out to be stolen property. Cook thought she had been caught and did not complain about the search warrant issue. Mark says he is glad they caught Cook but does not want to get in trouble. Is Mark in trouble for the search?
The impact of the court decisions on police procedure.

3.2 Discussion: Negligence

Instructions
Review the rubric to make sure you understand the criteria for earning your grade.
In your textbook Business Law and the Legal Environment, read section 7.1 Purpose of Tort Laws and section 7.3 Negligence from Chapter 7, Introduction to Tort Law”.
Listen to the National Public Radio presentation Its a Duel: Do Violent Video Games Affect Kids? You can also read the transcript on the web page.
Make note of at least two opposing viewpoints about how violent video games affect kids.
Navigate to the threaded discussion, and respond to the following:
Explain the elements of negligence and why the plaintiffs felt the defendants were negligent.
Why did the appeals court rule in favor of the defendants in this case?
In your opinion, do you believe the defendants owed a duty of care to the plaintiffs? Explain your viewpoint.
Your initial post is due by the end of the fourth day of the workshop.
Read and respond to at least two of your classmates postings, as well as all follow-up instructor questions directed to you, by the end of the workshop.
Your postings also should:
Be well developed by providing clear answers with evidence of critical thinking.
Add greater depth to the discussion by introducing new ideas.
Provide clarification to classmates questions and provide insight into the discussion.
Be posted on three different days during the workshop.

2.2 Discussion: Summary Judgment

Instructions
Review the rubric to make sure you understand the criteria for earning your grade.
Read What is Summary Judgment? and the case summary Marri v. New York City Transit Authority (2013).
Navigate to the threaded discussion, and respond to the following:
In your own words, explain the summary judgment concept.
Summarize the relevant facts of Marri v. New York City Transit Authority (2013).
Explain why you agree or disagree with the legal ruling in Marri v. New York City Transit Authority (2013).
Your initial post is due by the end of the fourth day of the workshop.
Read and respond to at least two of your classmates postings, as well as all follow-up instructor questions directed to you, by the end of the workshop.
Your postings also should:
Be well developed by providing clear answers with evidence of critical thinking.
Add greater depth to the discussion by introducing new ideas.
Provide clarification to classmates questions and insight into the discussion.
Be posted on three different days during the workshop.

This paper is for my Justice Studies class.

Review the following documents:
Reducing Crime through Intelligence-Led Policing
Intelligence-Led Policing:  The New Intelligence Architecture
Working towards Intelligence-Led Policing:  The Phoenix Police Department Intelligence Officer Program
The Benefit of Intelligence Officers

Describe the ways in which intelligence is critical to law enforcement agencies.  How are problem-oriented policing, offender-focused policing, and community policing utilized within intelligence-led policing?  Describe some of the key factors necessary for successful intelligence-led policing and why these elements are vital.  Include your thoughts on how intelligence-led policing effectively addresses crime prevention.

Is the single payer system effective? Would it be effective in the United States?

Guiding Question:  Is the single payer system effective? Would it be effective in the United States?

Instructions:

1. Watch the following video on the single-payer system in Canada
How Canada’s Universal Health-Care System Works https://www.youtube.com/watch?v=heK471H-s1s

2. Write an Initial Post (250 – 300 words) taking the “CON” position.

3. Consider the following questions as you write your initial post:
How would doctors deal with patients?
What legal issues might develop?
Could doctors re-negotiate agreements with hospitals and the government?

4. Include at least one resource in your Initial Post.and cite it using APA Style

Why knowing the law is essential knowledge

Tell me what are the advantages of knowing the law.
Will it help you personally and why.
What often happens when we are ignorant of our  legal rights?
You may take any of these questions or all of them and tell me why a study of the law is essential for all!

M3D1: Psychological First Aid for Disaster Survivors Classmate Responses

Please respond to the following:
The #1 will be a general response to what a classmate posted in regards to the initial posting. Please provide thoughts and/or question to Karina. The #2 and #3 are responses from classmate and professor asking questions pertaining to my initial posting.