1. CJA 315 Module 1 Assignment 2 Bivens and
You
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Assignment 2: Bivens and You
In this module, you are required to read the article on Bivens from
Journal of Police and Criminal Psychology. The purpose of this article
is to understand that a law enforcement officer is not immune from
civil lawsuits.
Where once police and law enforcement agencies thought themselves
immune, civil lawsuits against law enforcement officers are quite
common nowadays. These lawsuits are based on whether the law
enforcement officers correctly followed the guidelines meant to
protect the citizens, guaranteed by the Constitution.
The purpose behind Bivens is to some extent protect private citizens
from police misconduct. The other side of the coin is that if we so
circumscribe the actions of officers, citizens may not be protected
from the criminal acts of others. The point of the assignment is for
you to begin to recognize this balancing act.
Suggested Links:
http://supreme.justia.com/cases/federal/us/403/388/case.html
http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?ar
ticle=1188&context=facultyworkingpapers

2. What You Are Required to Do . . .
Research on the Internet or the Argosy University Online Library and
find some cases where officers have been sued in civil court for
failing to follow the guidelines meant to protect the citizens from
police misconduct.
Submission Details
in a minimum of 250 words, post your responses to the following
topics in the Discussion Area.
Describe a lawsuit, the issues involved in the trial, and the verdict. Do
you think public safety in terms of the safety of the public was
improved? Why or why not?
As a law enforcement officer, what would your reaction be to being
sued by a suspect in a case? How do you think that lawsuit would
impact your personal life? How would you handle the pressure of
being accused of violating the Constitution?
Do you think you might change the way you would act as a law
enforcement official if you were aware that you could be sued by a
suspect you apprehended? In what way would it impact your duties as
a law enforcement official?
Discussion Grading Criteria and Rubric
All discussion assignments in this course will be graded using a
rubric. This assignment is worth 40 points. Download the discussion
rubric and carefully read it to understand the expectations

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CJA 315 Module 1 Assignment 3 Theories of
Crime
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Is justice just? Sometimes, what is legal is not always perceived by
the public as "justice." Many laws define criminal acts and the
punishment that will be meted out in the event of a criminal offense.
However, there sometimes seems to be a disconnect between what
actions are considered criminal in nature and who gets charged for it.
Sometimes, people committing the same criminal acts receive
different treatments even though they are tried under the same courts
of law.
Based on the premise that people committing the same criminal acts
receive different treatments, read the articles below and answer the
questions that follow.
Miller, N. P. (2006). "What kind of liberty? Competing visions of
freedom . . ." Liberty:
Magazine of Religious Freedom, 101(2). SIRS Researcher.
From the Argosy University online library resources:
Assessing criminal justice practice using social justice theory

4. Racial disparities in sentencing: Implications for the criminal justice
system and the African American community
Consider your readings so far and answer the following questions.
How do you balance the ideals and principles set forth in the
Constitution with the realities discussed in the articles presented to
you?
What role does the crime control perspective play in your thinking
regarding the application of the Constitution?
Is justice applied fairly when crime control is taken into perspective?
Why or why not?
This assignment should be at least five pages long, but no longer than
ten pages, and double spaced.
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CJA 315 Module 2 Assignment 2 Stop, Search,
and Seizure
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Every day, law enforcement officials evaluate suspicious actions of
suspects and apply their understanding of the Fifth Amendment’s
prohibition against unreasonable searches and seizures in their cases.

5. Locate an article in the recent media involving a criminal case in
which a stop, a search, or a seizure was undertaken by law
enforcement officials. It can be at a local or national level, though not
at an international level.
Based on your current understanding of the laws regarding criminal
stops, searches, or seizures, do you believe that the law enforcement
agency in question accurately complied with the law?
Make a Microsoft PowerPoint presentation comprising 6 to 7 slides,
keeping the following questions in mind:
Was probable cause a factor in this case?
If not, should it have been?
How should probable cause be implemented, in general?
As a law enforcement official, what are some of the questions that
you might ask yourself in this case before you engage in a stop,
search, or seizure or seek a warrant from the court?
Present the details in the Notes section of your presentation.
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CJA 315 Module 4 Assignment 2 Miranda
Rights
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As you learned in your readings, before interrogating a suspect in
police custody, the police need to inform the suspect about his or her
constitutional rights.
Tasks:
Assume you are a high-ranking official in a law enforcement agency
and have ten years of experience in the field. You have been asked to
make a presentation to newly sworn police officers about Miranda
rights. While the rules for how and when Miranda rights should be
given to suspects used to be relatively simple, they have changed
dramatically over the past few years.
Utilizing the Argosy University online library, research how Miranda
rights and the interpretation of the application of the Fifth and Sixth
Amendments to the US Constitution have changed over time.
Prepare a 10- to 15-slide Microsoft PowerPoint presentation regarding
these changes and address the following:
Describe the original Miranda case and the statements required for
making a valid Miranda warning.
Explain under what circumstances Miranda rights are triggered.
Describe the changes in the Fifth and Sixth Amendments and the
custodial protections that are provided under these.
Discuss the past, present, and possible future applications of the
following for suspects in police custody:
The right to remain silent
The right to counsel

7. Submit the details in the Notes section of the presentation.
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CJA 315 Module 5 Assignment 1 Violence and
Drugs in Centervale Defending Abby
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This LASA assignment is a continuation of the scenario from M3:
Assignment 2 LASA 1. Please reread the scenario fromM3:
Assignment 2 LASA 1 before starting this assignment.
Having successfully completed law school, you are now a second-
year defense attorney with the state. You have been entrusted with the
task of defending Abby, who has been charged with illegal farming of
marijuana with intent to sell and illegal possession of firearms. Abby
has never been charged with a crime before. The firearms possession
charge is a misdemeanor in your state, and the marijuana charge is a
felony. During the course of review of the case, you have been
provided with the following information:
The police report filed by Officer Edward, which contains all the
information regarding the events leading up to the arrest of your

8. client. The report also includes the observations of Edward's former
partner (who has since been promoted to detective).
A search warrant for the home and subsequent documentation
mentioning that drug paraphernalia and marijuana were found in the
front room of the house. The documentation also mentions that a
shotgun was found, bearing your client's and her boyfriend's
fingerprints, under the couch in the same room.
A copy of a statement by your client but not signed by her, which
appears to be a confession that she made in the car on the way to the
police station. In the statement, she claimed that she just needed to
sell a little more marijuana to raise an additional $1,500 so she would
have $10,000 to bail her boyfriend, Bobby, out of jail.
In addition, twenty marijuana plants were found in the basement of
the house, along with $8,500 in cash and a receipt book filled with
Abby's handwriting.
When you interview your client, she states that she barely recalls that
evening, because she was completely drunk at the time the police
showed up. She tells you that she doesn't even remember being in the
police car and has no idea that she was told her rights, because she
didn't sober up until the following morning.
She denies any knowledge of the marijuana plants in the basement of
the house but states that the other marijuana on the table was just
there for a party she and Bobby were going to have later that night.
She also tells you that she is about four months pregnant with Bobby's
child. You have Abby's trial starting the next morning.
Utilizing APA guidelines, citing your sources in text, and creating a
corresponding reference page, cite relevant case law and specific
information from external sources, present a 6- to 8-page research
paper to illustrate how you would defend your client. Please address
the following issues specifically in your paper:

9. Can any of the evidence found in your client's home be suppressed? If
so, why and on what grounds?
Can any of the statements uttered by your client at the crime scene or
in the patrol car be used against her? Can any of them be suppressed?
Why?
Can the state meet its burden of proof in this case? If not, why not?
What can you argue to defend your client on the basis of the evidence
listed in the case?
Can your client's best interest be served by engaging in trial? Or
would it be better for her in the long run to make a plea. If so, what
might your request be to the prosecuting attorney for a plea deal?
Assuming your client is found guilty on felony charges stemming
from the marijuana possession, what argument might you make to the
judge and the jury regarding sentencing? What constitutional
amendment supports your theory and why?
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