This document provides a scenario for a criminal case involving a post office robbery. It describes how federal and state law enforcement officers investigated and identified two suspects, Ms. Conspirator and Mr. Stamps. Relevant state and federal criminal statutes regarding robbery are also presented. Students are asked to analyze whether the case should proceed in state or federal court as a prosecutor. They must consider factors like jurisdiction and double jeopardy issues. Students must also discuss the roles of attorneys, court personnel, juries, community members, and police officers during the criminal trial process and how each can impact the trial.
Strategic Prosecution PlanningIn Weeks 2 through 4, you will follo.docxbryanwest16882
Strategic Prosecution Planning
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of a
prosecutor
.
Review
the scenario presented in Week 2 and the additional information provided below:
Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed surveillance from several businesses nearby and identified an individual who matched the description given by the witnesses at the post office. This individual was observed on camera entering a vehicle with license plate 123-ABC. Police officers identified the female, Ms. Conspirator, to whom the vehicle was registered, and interviewed her regarding her involvement in the post office robbery. Ms. Conspirator eventually identified the male subject that carried out the robbery as Mr. Stamps.
Below are the relevant state and federal criminal statutes applicable to the robbery.
State Code
If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
United States Code Section (18 U.S.C. 2114):
(a) Assault.— A person who assaults any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or robs or attempts to rob any such person of mail matter, or of any money, or other property of the United States, shall, for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned not more than twenty-five years.
(b)
Receipt, Possession, Concealment, or Disposal of Property.— A person who receives, possesses, conceals, or disposes of any money or other property that has been obtained in violation of this section, knowing the same to have been unlawfully obtained, shall be imprisoned not m.
In Weeks 2 through 4, you will follow a scenario as a case moves fro.docxEstelaJeffery653
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of the
judge
and a
jury member
:
Review
the scenario presented in Weeks 2 and 3 and the additional information provided below:
Mr. Stamps was put on trial for robbery of the postal employee at the post office. A jury of 12 individuals was empanelled to hear the case and after 2 hours of deliberations returned a guilty verdict for robbery.
Use
the
Sentencing Guidelines Calculator
(which is based on federal law) to explore some of the factors that would be considered in sentencing Mr. Stamps in federal district court for a violation of 18 U.S.C. 2114 (robbery).
Write
a 2- to 4-page analysis of the scenario in which you address the following:
As a judge, how would sentencing guidelines play a role when imposing your sentence?
What legal requirements govern how judges use sentencing guideline in a criminal case?
What are some of the philosophical issues that the jury members might discuss during their deliberations related to sentencing the defendant?
If the defendant was convicted of the post office robbery in your state’s trial court, what avenues for appeal would be available to him? What options would the defendant have for review of the conviction by federal courts? What options for appeal would be available if the defendant had been tried and convicted in U.S. District Court?
Support
your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.
Adhere
to APA guidelines.
**The first week's scenario:
Earlier today, an individual rushed into the lobby of the local post office and forced his way past several customers to make his way to the retail counter. The individual then produced a firearm and pointed at the postal clerk and demanded all of the money from the clerk. The clerk complied with the individual’s demands, and the individual fled the scene of the crime on foot with the stolen money. The following people witnessed the crime: the postal clerk and two customers (John and Jill). There was no video surveillance inside of the post office, but several stores surrounding the post office were equipped with surveillance systems.
Second week's added scenario information:
Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed s.
7 Juvenile Justice Procedures
Chapter Learning Objectives
On completion of this chapter, students should be able to do the following:
Understand and discuss juvenile court procedures
Discuss the rights of juveniles at various stages, from taking into custody through appeals
Understand requirements for bail, notification, and filing of petitions
Discuss procedures involved in detaining juveniles
What Would You Do?
It is Friday night and you are in bed. Your 13-year-old daughter is spending the night with a friend. The two girls told you they were going to a movie and back to
her friend’s home. Her friend’s older sister, who is 18, is going to drive them to and from the movie. At approximately 2:15 a.m. you get a phone call. The caller
identifies herself as Lisa Strom, an employee of the Forten County Detention Center. She says that your daughter has been taken into custody for curfew violation,
possession of alcohol by a minor, peace disturbance, and assaulting a police officer. Ms. Strom informs you that your daughter will be held in detention pending a
review of her case by a juvenile intake officer. This review will take place within the next 24 hours and you will receive another phone call once the juvenile intake
officer decides to hold or release the child. She states that you are allowed to visit your daughter once within the next 24 hours and informs you that visitation is
allowed between 6:00 p.m. and 8:00 p.m. that day. The only question you can think to ask is if your daughter is okay. Ms. Strom says your daughter is going through
the intake process and is in good health. You hang up the phone wide awake and wondering what to do next.
What Would You Do?
1. Would your daughter be classified as a status offender or a delinquent, according to the charges?
2. What would be your next course of action? Would you contact a lawyer, wait for the phone call from the juvenile intake officer, visit your daughter during
visiting hours, or do something else?
3. If you were the juvenile intake officer, would you continue to detain this child or release her to her parents pending court?
Juvenile court acts discuss not only the purposes and scope of the juvenile justice system but also the procedure the juvenile courts are to
follow. Proceedings concerning juveniles officially begin with the filing of a petition alleging that a juvenile is delinquent, dependent,
neglected, abused, in need of supervision, or in need of authoritative intervention. Most juvenile court acts, however, also discuss the unofficial
or diversionary activities available as remedies prior to the filing of a petition such as a stationhouse adjustment and a preliminary
conference. A stationhouse adjustment occurs when a police officer negotiates a settlement with a juvenile, often with his or her parents,
without taking further official action (a full discussion of stationhouse adjustments follows in Chapter 8). A preliminary conference is a
voluntary meeting arranged by .
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry.
www.instantcheckmate.com/glossary
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
Strategic Prosecution PlanningIn Weeks 2 through 4, you will follo.docxbryanwest16882
Strategic Prosecution Planning
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of a
prosecutor
.
Review
the scenario presented in Week 2 and the additional information provided below:
Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed surveillance from several businesses nearby and identified an individual who matched the description given by the witnesses at the post office. This individual was observed on camera entering a vehicle with license plate 123-ABC. Police officers identified the female, Ms. Conspirator, to whom the vehicle was registered, and interviewed her regarding her involvement in the post office robbery. Ms. Conspirator eventually identified the male subject that carried out the robbery as Mr. Stamps.
Below are the relevant state and federal criminal statutes applicable to the robbery.
State Code
If any person commit robbery by partial strangulation, or suffocation, or by striking or beating, or by other violence to the person, or by assault or otherwise putting a person in fear of serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or instrumentality whatsoever, he shall be guilty of a felony and shall be punished by confinement in a state correctional facility for life or any term not less than five years.
United States Code Section (18 U.S.C. 2114):
(a) Assault.— A person who assaults any person having lawful charge, control, or custody of any mail matter or of any money or other property of the United States, with intent to rob, steal, or purloin such mail matter, money, or other property of the United States, or robs or attempts to rob any such person of mail matter, or of any money, or other property of the United States, shall, for the first offense, be imprisoned not more than ten years; and if in effecting or attempting to effect such robbery he wounds the person having custody of such mail, money, or other property of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a subsequent offense, shall be imprisoned not more than twenty-five years.
(b)
Receipt, Possession, Concealment, or Disposal of Property.— A person who receives, possesses, conceals, or disposes of any money or other property that has been obtained in violation of this section, knowing the same to have been unlawfully obtained, shall be imprisoned not m.
In Weeks 2 through 4, you will follow a scenario as a case moves fro.docxEstelaJeffery653
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive additional information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of the
judge
and a
jury member
:
Review
the scenario presented in Weeks 2 and 3 and the additional information provided below:
Mr. Stamps was put on trial for robbery of the postal employee at the post office. A jury of 12 individuals was empanelled to hear the case and after 2 hours of deliberations returned a guilty verdict for robbery.
Use
the
Sentencing Guidelines Calculator
(which is based on federal law) to explore some of the factors that would be considered in sentencing Mr. Stamps in federal district court for a violation of 18 U.S.C. 2114 (robbery).
Write
a 2- to 4-page analysis of the scenario in which you address the following:
As a judge, how would sentencing guidelines play a role when imposing your sentence?
What legal requirements govern how judges use sentencing guideline in a criminal case?
What are some of the philosophical issues that the jury members might discuss during their deliberations related to sentencing the defendant?
If the defendant was convicted of the post office robbery in your state’s trial court, what avenues for appeal would be available to him? What options would the defendant have for review of the conviction by federal courts? What options for appeal would be available if the defendant had been tried and convicted in U.S. District Court?
Support
your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.
Adhere
to APA guidelines.
**The first week's scenario:
Earlier today, an individual rushed into the lobby of the local post office and forced his way past several customers to make his way to the retail counter. The individual then produced a firearm and pointed at the postal clerk and demanded all of the money from the clerk. The clerk complied with the individual’s demands, and the individual fled the scene of the crime on foot with the stolen money. The following people witnessed the crime: the postal clerk and two customers (John and Jill). There was no video surveillance inside of the post office, but several stores surrounding the post office were equipped with surveillance systems.
Second week's added scenario information:
Federal and state law-enforcement officers were to interview the witnesses at the post office and canvass the immediate area for additional evidence. Police reviewed s.
7 Juvenile Justice Procedures
Chapter Learning Objectives
On completion of this chapter, students should be able to do the following:
Understand and discuss juvenile court procedures
Discuss the rights of juveniles at various stages, from taking into custody through appeals
Understand requirements for bail, notification, and filing of petitions
Discuss procedures involved in detaining juveniles
What Would You Do?
It is Friday night and you are in bed. Your 13-year-old daughter is spending the night with a friend. The two girls told you they were going to a movie and back to
her friend’s home. Her friend’s older sister, who is 18, is going to drive them to and from the movie. At approximately 2:15 a.m. you get a phone call. The caller
identifies herself as Lisa Strom, an employee of the Forten County Detention Center. She says that your daughter has been taken into custody for curfew violation,
possession of alcohol by a minor, peace disturbance, and assaulting a police officer. Ms. Strom informs you that your daughter will be held in detention pending a
review of her case by a juvenile intake officer. This review will take place within the next 24 hours and you will receive another phone call once the juvenile intake
officer decides to hold or release the child. She states that you are allowed to visit your daughter once within the next 24 hours and informs you that visitation is
allowed between 6:00 p.m. and 8:00 p.m. that day. The only question you can think to ask is if your daughter is okay. Ms. Strom says your daughter is going through
the intake process and is in good health. You hang up the phone wide awake and wondering what to do next.
What Would You Do?
1. Would your daughter be classified as a status offender or a delinquent, according to the charges?
2. What would be your next course of action? Would you contact a lawyer, wait for the phone call from the juvenile intake officer, visit your daughter during
visiting hours, or do something else?
3. If you were the juvenile intake officer, would you continue to detain this child or release her to her parents pending court?
Juvenile court acts discuss not only the purposes and scope of the juvenile justice system but also the procedure the juvenile courts are to
follow. Proceedings concerning juveniles officially begin with the filing of a petition alleging that a juvenile is delinquent, dependent,
neglected, abused, in need of supervision, or in need of authoritative intervention. Most juvenile court acts, however, also discuss the unofficial
or diversionary activities available as remedies prior to the filing of a petition such as a stationhouse adjustment and a preliminary
conference. A stationhouse adjustment occurs when a police officer negotiates a settlement with a juvenile, often with his or her parents,
without taking further official action (a full discussion of stationhouse adjustments follows in Chapter 8). A preliminary conference is a
voluntary meeting arranged by .
When you're using Instant Checkmate to run background checks on individuals, you may come across some specific terms in your reports that you might not be familiar with. To help you better understand exactly what you're seeing in your reports, we've compiled a list of the most frequently used and related terms in the personal criminal background check industry.
www.instantcheckmate.com/glossary
CHAPTER 7 Criminal Law and CybercrimeNew York Police Departmen.docxbissacr
CHAPTER 7 Criminal Law and Cybercrime
New York Police Department, Times Square, New York City
Criminal cases make up a large portion of cases tried in U.S. courts. Criminal cases are bought against persons for violating federal, state, and local laws. Suspected criminals are given many rights by the U.S. Constitution and state constitutions. Parties in the United States are free from unreasonable searches and seizures of evidence, and any evidence obtained illegally is considered tainted evidence and cannot be used in court. People who are suspected of a criminal act may assert their right of privilege against self-incrimination and may choose not to testify at any pretrial proceedings or at trial. Parties have a right to a public trial by a jury of their peers. In addition, if convicted of a crime, the criminal is free from cruel and unusual punishment.
Learning Objectives
After studying this chapter, you should be able to:
1. List and describe the essential elements of a crime.
2. Describe criminal procedure, including arrest, indictment, arraignment, and the criminal trial.
3. Identify and define business and white-collar crimes.
4. List and describe cybercrimes.
5. Explain the constitutional safeguards provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the U.S. Constitution.
Chapter Outline
1. Introduction to Criminal Law and Cybercrime
2. Definition of a Crime
1. CONTEMPORARY ENVIRONMENT • Criminal Acts as the Basis for Tort Actions
3. Criminal Procedure
4. Common Crimes
1. ETHICS • Murder Conviction Upheld on Appeal
5. Business and White-Collar Crimes
1. BUSINESS ENVIRONMENT • Corporate Criminal Liability
6. Cybercrimes
1. DIGITAL LAW • The Internet and Identity Theft
2. Case 7.1 • United States v. Barrington
7. Fourth Amendment Protection From Unreasonable Search and Seizure
1. Case 7.2 • U.S. SUPREME COURT CASE • Navarette v. California
2. Case 7.3 • U.S. SUPREME COURT CASE • Maryland v. King
3. Case 7.4 • U.S. SUPREME COURT CASE • Riley v. California and United States v. Wurie
8. Fifth Amendment Privilege Against Self-Incrimination
1. Case 7.5 • Ragland v. Commonwealth of Kentucky
9. Other Constitutional Protections
1. GLOBAL LAW • France Does Not Impose the Death Penalty
“It is better that ten guilty persons escape than that one innocent suffer.”
—Sir William Blackstone Commentaries on the Laws of England (1765)
Introduction to Criminal Law and Cybercrime
For members of society to coexist peacefully and for commerce to flourish, people and their property must be protected from injury by other members of society. Federal, state, and local governments’ criminal laws are intended to afford this protection by providing an incentive for persons to act reasonably in society and imposing penalties on persons who violate the laws.
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.
Justice Black
Griffin v. Illinois 351 U.S. 12, 76 S.Ct. 585, 1956 U.S. Lexis 1059 (1956)
The Uni.
Chapter1. Plea bargaining.Plea agreement is any agreement in a c.docxchristinemaritza
Chapter1. Plea bargaining.
Plea agreement is any agreement in a criminal agreement which occurs between a prosecutor and a defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. The different types of plea bargain are;
· Charge bargaining; this is a case whereby the defendant to a less serious crime that is less than the original charge.
· Count bargaining; in this type the defendant only pleads to only one or more charges which are considered original and its ends up with the prosecutor dropping all the other cases or charges at hand.
· Sentence bargaining; This type of plea bargaining involves the defendant taking a plea of guilty or no contest after both parties have come into an agreement
In the process of who does the plea agreement we find out that it’s an agreement between two parties who are the defendant and the prosecutor in which the defendant will have to finally accept to be guilty in the exchange for an understanding by the prosecutor to drop one or more charges at hand.
We come to find out the influences of the plea bargaining to be;
· We find it hard to allow all the cases to be bargained down.
· It’s not allowed for the lawyers to give a sentence but the Judges.
· There is a multiple of opportunities to choose a trial upon those who chooses a plea bargain.
· We find out that there are very many types of plea bargains such as the sentence, fact, count, and the charge bargaining type.
Chapter 2; Crime Figures.
It’s reported that there were an estimated 1,197,704 violent crimes committed around the nation.
In 2015, the following statistics were taken;
· There were observed 327374 robberies which occurred nationally.
· There were around 90185 rape cases that were reported which lead to the states to introduction of revised rape definition laws.
· During 2015, it was estimated that around 1569 people in the whole nation were considered murderers.
· There was a property crime report which estimated that 14.3$ billion people were considered lost.
The following are some of the reports that were collected by the year 2015;
· The Federal Crime Data; The 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies are included in the second UCR report majoring on the crime reporting from federal agencies.
· Human Trafficking; The general content about human trafficking together with data provided agencies that reported human trafficking offences in 2015 are represented in the third report UCR’s trafficking data.
· Cargo Theft; In this third report from UCR’s cargo Theft Data collection, there is information about the data given out by the agencies that gave out Cargo theft violation.
Chapter 3; Search warrant.
This is an official order signed by the judge allowing the police to do thorough search for specific objects at a specific place and at a specific time.
How a search warrant is obtained by the police.
The police ar ...
Competing JurisdictionsIn Weeks 2 through 4, you will follow a s.docxbrownliecarmella
Competing Jurisdictions
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive new information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of a
police officer
.
Review
the following scenario:
Earlier today, an individual rushed into the lobby of the local post office and forced his way past several customers to make his way to the retail counter. The individual then produced a firearm and pointed at the postal clerk and demanded all of the money from the clerk. The clerk complied with the individual’s demands, and the individual fled the scene of the crime on foot with the stolen money. The following people witnessed the crime: the postal clerk and two customers (John and Jill). There was no video surveillance inside of the post office, but several stores surrounding the post office were equipped with surveillance systems.
Write
a 2- to 4-page analysis of the scenario in which you address the following:
What are the main roles and functions of the police officer at this stage of the case?
What kinds of local, state, and federal responses can you expect? How and why would each agency be involved?
How do their jurisdictions and responsibilities overlap? How do they communicate and coordinate actions among the agencies?
Who has the ultimate authority to move forward and initiate a criminal case? How is this determined? What are the implications of this choice?
Support
your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.
Adhere
to APA guidelines.
Need in 6 hours
...
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORKNowseore
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on the undersigned attorneys for Plaintiff, AIDALA, BERTUNA & KAMINS P.C., at 546 5th Avenue, New York, New York, 10036, within twenty (20) days after the service of this Summons and Complaint, exclusive of the day of service, or within thirty (30) days after the service is complete, if this Summons is not personally delivered to you within the State of New York.
This assignment is broken into three parts and you must comple.docxrhetttrevannion
This assignment is broken into three parts and
you must complete each part of the assignment
.
Each part includes a text or video scenario to which you will respond by writing a 1–2 page paper for each scenario that examines specific information regarding the events using your knowledge of the United States Constitution.
Part 1: Law Enforcement Officer Arrives at the Scene Scenario
An 18-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal’s office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.
Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student’s backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.
The student replies, “What weapon? That’s not my backpack and I never saw that gun before.”
The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement.
The student replies, “No, I want a lawyer.”
Write a 1–2 page paper in which you:
Examine the constitutional amendment or amendments that would relate to this situation.
Outline the appropriate procedures you would need to follow to comply with the associated amendments to ensure admissibility of evidence.
Evaluate the officer’s actions and determine whether his search, the student’s confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.
Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment.
Part 2: Arrest and Trial Scenario
Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police meet Tyler at the airport when he arrives from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for hi.
I need answers to both discussions questions as well as replies to f.docxanthonybrooks84958
I need answers to both discussions questions as well as replies to fellow students. i also need atleast one reference
DISCUSSION 1
"Explosive Growth of Digital Crime and Fighting Digital Crime" Please respond to the following:
·
Identify at least two (2) factors that have led to the explosive growth of digital crime over the past a few decades. Next, describe the most common forms of digital crime, and give your opinion as to why those forms you described are so common. Provide a rationale for your response.
From the e-Activity, list three (3) types of digital crime, and name the main federal agencies which have primary responsibility to enforce digital crime laws. Next, recommend one (1) way for the federal agencies in question to improve the overall public response to computer crimes. Include the role of an individual citizen in the fight against digital crime in your discussion.
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
Please respond to the following student
Top of Form
·
Alecia Giles
·
RE: Week 1 Discussion
Over the past few decades, the need for computer technology has greatly increased. Users now turn to many forms of "computers" for daily tasks. Therefore, digital crime has also increased. Two factors that I believe have led to the explosive growth of digital crime
1. Identity Theft- Since computers are used for almost everything we do in life, many of us enter too much personal information into these devices. This personal information is now out there for hackers to retrieve and use in the theft of our identity.
2. Credit Card Fraud- An increase of online purchases and bill payment has allowed for credit card information to become more vulnerable to theft and/or fraud.
I believe these are the most common forms of digital crimes because they are the most commonly used by individuals.
Three types of digital crime include:
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
The federal virus genies in question can improve the overall public response to such computer crimes by identifying target areas for the reported crimes. Individual citizens can also assist in the fight against digital crime as well. To do so, when a crime is committed, the citizen should immediately report all aspects of the known crime to the proper authorities. Additionally, individual citizens can do things to prevent said crimes from occurring, such as; block and report cyber stalkers, install and use trusted anti-virus software and stay away from piracy websites.
Discussion 2
"Tort Law and Police Powers"
Please respond to the following:
·
From the e-Activity, specify the key differences between criminal law and tort law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds these two (2) types of laws. Provide one (1) specific exa.
Assignment 2 International Crime Witness, Part 1Due Week 6 and .docxchandaronald
Assignment 2: International Crime Witness, Part 1
Due Week 6 and worth 250 points
Use the Internet to research criminal proceedings in one (1) of the six (6) model countries from the textbook. Imagine you are traveling abroad in your chosen country when you witness a local national committing a violent assault. The criminal is arrested and charged by the police.
Upon returning to the United States, a professor in one of your criminal justice classes asks you to complete a written report on your experience.
Write a three to five (3-5) page paper in which you:
Determine the pertinent demographic, social, political, and economic factors about your chosen country.
Examine the manner in which your chosen country’s criminal code would likely view the crime you witnessed. Provide a rationale for the response.
Choose two (2) individual rights that the United States grants criminal suspects, such as search and seizure, right to counsel, etc., and analyze the country’s perspective on each right. Provide support for the analysis.
Investigate the manner in which the police in your chosen country would likely treat the defendant. Provide justification for the response.
Classify the fundamental similarities and differences between the police culture in your chosen country compared to the United States.
Use at least four (4) quality references.
Note:
Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Compare and contrast American perspectives on criminal law with those of other countries.
Evaluate the nature of comparative policing and global law enforcement cooperation.
Analyze the role of procedural law in the four (4) major legal traditions.
Use technology and information resources to research comparative perspectives in criminal justice.
Write clearly and concisely about criminal justice topics using proper writing mechanics and APA style conventions.
Click
here
to view the grading rubric for this assignment.
Points: 250
Assignment 2: International Crime Witness, Part 1
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1. Determine the pertinent demographic, social, political, and economic factors about your chosen country.
Weight: 17%
Did not submit or incompletely determined the pertinent demographic, social, political, and economic factors about your c.
This presentation is talking about Types of crime in people daily which consist a few types of crime. Also differentiate the case that fall in the felony case or the in other case. This simple slide consist the section of penal code that counted in judgement for the criminal.
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
For this Assignment, you will be exploring the differences between s.docxtamikowadson
For this Assignment, you will be exploring the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons.
The primary objective of this Assignment is to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. Be sure to select a crime against person, such as certain types of sexual assault or kidnapping.
You are to identify ONE specific crime, a crime against a person, and describe the following:
Create the factual scenario giving rise to the criminal prosecution in either state or federal court.
Indicate the name of the specific crime which may be prosecuted in federal court based on the scenario and provide the definition of that crime, including a citation or reference to the applicable statute.
Similarly, indicate the name of the crime which may be prosecuted based upon the same conduct in a state court. Be sure to identify the state statute, and as you did in #2, define the crime and provide a citation to the authority.
Explain a cultural factor that may influence how the crime may be prosecuted. A cultural factor might include a person’s socio-economic, ethnic or religious background; in your response, discuss how various cultures might interpret the wording of two statutes differently. Be sure to discuss how one culture might view a crime differently than another, based on the culture’s particular viewpoints.
Your paper should be written in APA format with a length not to exceed 2 pages (excluding cover and reference pages).
...
Chapter1. Plea bargaining.Plea agreement is any agreement in a c.docxchristinemaritza
Chapter1. Plea bargaining.
Plea agreement is any agreement in a criminal agreement which occurs between a prosecutor and a defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. The different types of plea bargain are;
· Charge bargaining; this is a case whereby the defendant to a less serious crime that is less than the original charge.
· Count bargaining; in this type the defendant only pleads to only one or more charges which are considered original and its ends up with the prosecutor dropping all the other cases or charges at hand.
· Sentence bargaining; This type of plea bargaining involves the defendant taking a plea of guilty or no contest after both parties have come into an agreement
In the process of who does the plea agreement we find out that it’s an agreement between two parties who are the defendant and the prosecutor in which the defendant will have to finally accept to be guilty in the exchange for an understanding by the prosecutor to drop one or more charges at hand.
We come to find out the influences of the plea bargaining to be;
· We find it hard to allow all the cases to be bargained down.
· It’s not allowed for the lawyers to give a sentence but the Judges.
· There is a multiple of opportunities to choose a trial upon those who chooses a plea bargain.
· We find out that there are very many types of plea bargains such as the sentence, fact, count, and the charge bargaining type.
Chapter 2; Crime Figures.
It’s reported that there were an estimated 1,197,704 violent crimes committed around the nation.
In 2015, the following statistics were taken;
· There were observed 327374 robberies which occurred nationally.
· There were around 90185 rape cases that were reported which lead to the states to introduction of revised rape definition laws.
· During 2015, it was estimated that around 1569 people in the whole nation were considered murderers.
· There was a property crime report which estimated that 14.3$ billion people were considered lost.
The following are some of the reports that were collected by the year 2015;
· The Federal Crime Data; The 2015 data from FBI and ATF cases as well as traditional offense information from other federal agencies are included in the second UCR report majoring on the crime reporting from federal agencies.
· Human Trafficking; The general content about human trafficking together with data provided agencies that reported human trafficking offences in 2015 are represented in the third report UCR’s trafficking data.
· Cargo Theft; In this third report from UCR’s cargo Theft Data collection, there is information about the data given out by the agencies that gave out Cargo theft violation.
Chapter 3; Search warrant.
This is an official order signed by the judge allowing the police to do thorough search for specific objects at a specific place and at a specific time.
How a search warrant is obtained by the police.
The police ar ...
Competing JurisdictionsIn Weeks 2 through 4, you will follow a s.docxbrownliecarmella
Competing Jurisdictions
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through sentencing. This scenario is representative of many real-world cases where multiple jurisdictions are involved. As the case progresses, the relevant laws and various parties (police officers, attorneys, community members, and so on) all affect how the case moves through the criminal justice system. Each week, you will receive new information that may influence how you interpret the case or choose to proceed.
This week, you review the case from the perspective of a
police officer
.
Review
the following scenario:
Earlier today, an individual rushed into the lobby of the local post office and forced his way past several customers to make his way to the retail counter. The individual then produced a firearm and pointed at the postal clerk and demanded all of the money from the clerk. The clerk complied with the individual’s demands, and the individual fled the scene of the crime on foot with the stolen money. The following people witnessed the crime: the postal clerk and two customers (John and Jill). There was no video surveillance inside of the post office, but several stores surrounding the post office were equipped with surveillance systems.
Write
a 2- to 4-page analysis of the scenario in which you address the following:
What are the main roles and functions of the police officer at this stage of the case?
What kinds of local, state, and federal responses can you expect? How and why would each agency be involved?
How do their jurisdictions and responsibilities overlap? How do they communicate and coordinate actions among the agencies?
Who has the ultimate authority to move forward and initiate a criminal case? How is this determined? What are the implications of this choice?
Support
your analysis with a minimum of two references. The course textbook may be one resource. Additional references may include scholarly articles, websites, blogs, podcasts, or other relevant sources.
Adhere
to APA guidelines.
Need in 6 hours
...
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORKNowseore
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer on the undersigned attorneys for Plaintiff, AIDALA, BERTUNA & KAMINS P.C., at 546 5th Avenue, New York, New York, 10036, within twenty (20) days after the service of this Summons and Complaint, exclusive of the day of service, or within thirty (30) days after the service is complete, if this Summons is not personally delivered to you within the State of New York.
This assignment is broken into three parts and you must comple.docxrhetttrevannion
This assignment is broken into three parts and
you must complete each part of the assignment
.
Each part includes a text or video scenario to which you will respond by writing a 1–2 page paper for each scenario that examines specific information regarding the events using your knowledge of the United States Constitution.
Part 1: Law Enforcement Officer Arrives at the Scene Scenario
An 18-year-old high school student walks to class carrying a backpack. He is stopped by the school security guard and his backpack is searched. A loaded handgun is discovered. The school security guard takes the student to the principal’s office. The principal calls the local police. In the state where the school is located, it is illegal to carry a concealed weapon without a permit and all weapons are prohibited on campus.
Officer Smith arrives at the school approximately 10 minutes later. Officer Smith takes a statement from the school security guard and searches the student’s backpack. He seizes the gun and places the student under arrest. Officer Smith then asks the student if he would like to make a statement to explain why he was carrying a concealed weapon on campus.
The student replies, “What weapon? That’s not my backpack and I never saw that gun before.”
The student is then transported to the local jail. However, on the way to the local jail, Officer Smith asks the student again why he brought a loaded gun on campus. The student admits that it was his gun and stated that he needed it for protection. Upon arrival at the local jail, the student is booked. Six hours later, the student is interviewed by a Detective Columbo. The detective reads the student his Miranda warning and asks the student if he would like to make a statement.
The student replies, “No, I want a lawyer.”
Write a 1–2 page paper in which you:
Examine the constitutional amendment or amendments that would relate to this situation.
Outline the appropriate procedures you would need to follow to comply with the associated amendments to ensure admissibility of evidence.
Evaluate the officer’s actions and determine whether his search, the student’s confession, and the weapon discovery were lawful and/or admissible. Provide a rationale for your opinion.
Use at least two sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your source page at least one time within your assignment.
Part 2: Arrest and Trial Scenario
Tyler, a well-known escort service provider in his community, is suspected of the murder of an escort who worked for him. The local police meet Tyler at the airport when he arrives from a trip to Cancun. He is arrested for his suspected connection to the murder of the escort. The police do not inform Tyler of his right to remain silent or his right to counsel. They immediately begin to interrogate him. They continue to question him until he admits that he knew the prostitute and that she worked for hi.
I need answers to both discussions questions as well as replies to f.docxanthonybrooks84958
I need answers to both discussions questions as well as replies to fellow students. i also need atleast one reference
DISCUSSION 1
"Explosive Growth of Digital Crime and Fighting Digital Crime" Please respond to the following:
·
Identify at least two (2) factors that have led to the explosive growth of digital crime over the past a few decades. Next, describe the most common forms of digital crime, and give your opinion as to why those forms you described are so common. Provide a rationale for your response.
From the e-Activity, list three (3) types of digital crime, and name the main federal agencies which have primary responsibility to enforce digital crime laws. Next, recommend one (1) way for the federal agencies in question to improve the overall public response to computer crimes. Include the role of an individual citizen in the fight against digital crime in your discussion.
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
Please respond to the following student
Top of Form
·
Alecia Giles
·
RE: Week 1 Discussion
Over the past few decades, the need for computer technology has greatly increased. Users now turn to many forms of "computers" for daily tasks. Therefore, digital crime has also increased. Two factors that I believe have led to the explosive growth of digital crime
1. Identity Theft- Since computers are used for almost everything we do in life, many of us enter too much personal information into these devices. This personal information is now out there for hackers to retrieve and use in the theft of our identity.
2. Credit Card Fraud- An increase of online purchases and bill payment has allowed for credit card information to become more vulnerable to theft and/or fraud.
I believe these are the most common forms of digital crimes because they are the most commonly used by individuals.
Three types of digital crime include:
1. Cyber Stalking- Enforced by the FBI
2. Viruses- Enforced by The Secret Service
3. Piracy- Enforced by the ICE, FBI, and HIS
The federal virus genies in question can improve the overall public response to such computer crimes by identifying target areas for the reported crimes. Individual citizens can also assist in the fight against digital crime as well. To do so, when a crime is committed, the citizen should immediately report all aspects of the known crime to the proper authorities. Additionally, individual citizens can do things to prevent said crimes from occurring, such as; block and report cyber stalkers, install and use trusted anti-virus software and stay away from piracy websites.
Discussion 2
"Tort Law and Police Powers"
Please respond to the following:
·
From the e-Activity, specify the key differences between criminal law and tort law. Next, explain the common approaches that the judicial system takes in order to ensure that the public upholds these two (2) types of laws. Provide one (1) specific exa.
Assignment 2 International Crime Witness, Part 1Due Week 6 and .docxchandaronald
Assignment 2: International Crime Witness, Part 1
Due Week 6 and worth 250 points
Use the Internet to research criminal proceedings in one (1) of the six (6) model countries from the textbook. Imagine you are traveling abroad in your chosen country when you witness a local national committing a violent assault. The criminal is arrested and charged by the police.
Upon returning to the United States, a professor in one of your criminal justice classes asks you to complete a written report on your experience.
Write a three to five (3-5) page paper in which you:
Determine the pertinent demographic, social, political, and economic factors about your chosen country.
Examine the manner in which your chosen country’s criminal code would likely view the crime you witnessed. Provide a rationale for the response.
Choose two (2) individual rights that the United States grants criminal suspects, such as search and seizure, right to counsel, etc., and analyze the country’s perspective on each right. Provide support for the analysis.
Investigate the manner in which the police in your chosen country would likely treat the defendant. Provide justification for the response.
Classify the fundamental similarities and differences between the police culture in your chosen country compared to the United States.
Use at least four (4) quality references.
Note:
Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
Compare and contrast American perspectives on criminal law with those of other countries.
Evaluate the nature of comparative policing and global law enforcement cooperation.
Analyze the role of procedural law in the four (4) major legal traditions.
Use technology and information resources to research comparative perspectives in criminal justice.
Write clearly and concisely about criminal justice topics using proper writing mechanics and APA style conventions.
Click
here
to view the grading rubric for this assignment.
Points: 250
Assignment 2: International Crime Witness, Part 1
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1. Determine the pertinent demographic, social, political, and economic factors about your chosen country.
Weight: 17%
Did not submit or incompletely determined the pertinent demographic, social, political, and economic factors about your c.
This presentation is talking about Types of crime in people daily which consist a few types of crime. Also differentiate the case that fall in the felony case or the in other case. This simple slide consist the section of penal code that counted in judgement for the criminal.
Douglas E. Metzger was convicted in the municipal court of the cit.docxmadlynplamondon
Douglas E. Metzger was convicted in the municipal court of the city of Lincoln, Nebraska, of violating § 9 .52.100 of the Lincoln Municipal Code. The District Court, Lancaster County, affirmed the District Court judgment. Metzger appealed to the Nebraska Supreme Court. The Supreme Court reversed and dismissed the District Court's judgment. KRIVOSHA, CJ.
FACTS Metzger lived in a garden-level apartment located in Lincoln, Nebraska. A large window in the apartment faces a parking lot that is situated on the north side of the apartment building. At about 7:45 A.M. on April 30, 1981, another resident of the apartment, while parking his automobile in a space directly in front of Metzger's apartment window, observed Metzger standing naked with his arms at his sides in his apartment window for a period of five seconds. The resident testified that he saw Metzger's body from his thighs on up.
The resident called the police department, and two officers arrived at the apartment at about 8:00 A.M. The officers testified that they observed Metzger standing in front of the window eating a bowl of cereal. They testified that Metzger was standing within a foot of the window, and his nude body, from the mid-thigh on up, was visible. The pertinent portion of § 9.52.100 of the Lincoln Municipal Code, under which Metzger was charged, provides as follows: "It shall be unlawful for any person within the City of Lincoln ... to commit any indecent, immodest or filthy act in the presence of any person, or in such a situation that persons passing might ordinarily see the same."
OPINION
The ... issue presented to us by this appeal is whether the ordinance, as drafted, is so vague as to be unconstitutional. We believe that it is. Since the ordinance is criminal in nature, it is a fundamental requirement of due process of law that such criminal ordinance be reasonably clear and definite.
The ordinance in question makes it unlawful for anyone to commit any "indecent, immodest or filthy act." We know of no way in which the standards required of a criminal act can be met in those broad, general terms. There may be those few who believe persons of opposite sex holding hands in public are immodest, and certainly more who might believe that kissing in public is immodest. Such acts cannot constitute a crime. Certainly one could find many who would conclude that today's swimming attire found on many beaches or beside many pools is immodest. Yet, the fact that it is immodest does not thereby make it illegal, absent some requirement related to the health, safety, or welfare of the community.
The dividing line between what is lawful and what is unlawful in terms of "indecent," "immodest," or "filthy" is simply too broad to satisfy the constitutional requirements of due process. Both lawful and unlawful acts can be embraced within such broad definitions. That cannot be permitted. One is not able to determine in advance what is lawful and what is unlawful. We therefore believe t ...
For this Assignment, you will be exploring the differences between s.docxtamikowadson
For this Assignment, you will be exploring the differences between state and federal jurisdiction in criminal prosecutions with respect to crimes against persons.
The primary objective of this Assignment is to explain how the same conduct may be prosecuted either in state or federal court pursuant to applicable state and federal statutes. Be sure to select a crime against person, such as certain types of sexual assault or kidnapping.
You are to identify ONE specific crime, a crime against a person, and describe the following:
Create the factual scenario giving rise to the criminal prosecution in either state or federal court.
Indicate the name of the specific crime which may be prosecuted in federal court based on the scenario and provide the definition of that crime, including a citation or reference to the applicable statute.
Similarly, indicate the name of the crime which may be prosecuted based upon the same conduct in a state court. Be sure to identify the state statute, and as you did in #2, define the crime and provide a citation to the authority.
Explain a cultural factor that may influence how the crime may be prosecuted. A cultural factor might include a person’s socio-economic, ethnic or religious background; in your response, discuss how various cultures might interpret the wording of two statutes differently. Be sure to discuss how one culture might view a crime differently than another, based on the culture’s particular viewpoints.
Your paper should be written in APA format with a length not to exceed 2 pages (excluding cover and reference pages).
...
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Analysis of scenario Management homework help.docx
1. Analysis of scenario | Management homework help
In Weeks 2 through 4, you will follow a scenario as a case moves from initial crime through
sentencing. This scenario is representative of many real-world cases where multiple
jurisdictions are involved. As the case progresses, the relevant laws and various parties
(police officers, attorneys, community members, and so on) all affect how the case moves
through the criminal justice system. Each week, you will receive additional information that
may influence how you interpret the case or choose to proceed.This week, you review the
case from the perspective of a prosecutor.Review the scenario presented in Week 2 and the
additional information provided below:Federal and state law-enforcement officers were to
interview the witnesses at the post office and canvass the immediate area for additional
evidence. Police reviewed surveillance from several businesses nearby and identified an
individual who matched the description given by the witnesses at the post office. This
individual was observed on camera entering a vehicle with license plate 123-ABC. Police
officers identified the female, Ms. Conspirator, to whom the vehicle was registered, and
interviewed her regarding her involvement in the post office robbery. Ms. Conspirator
eventually identified the male subject that carried out the robbery as Mr. Stamps.Below are
the relevant state and federal criminal statutes applicable to the robbery.State CodeIf any
person commit robbery by partial strangulation, or suffocation, or by striking or beating, or
by other violence to the person, or by assault or otherwise putting a person in fear of
serious bodily harm, or by the threat or presenting of firearms, or other deadly weapon or
instrumentality whatsoever, he shall be guilty of a felony and shall be punished by
confinement in a state correctional facility for life or any term not less than five
years.United States Code Section (18 U.S.C. 2114):(a) Assault.— A person who assaults any
person having lawful charge, control, or custody of any mail matter or of any money or
other property of the United States, with intent to rob, steal, or purloin such mail matter,
money, or other property of the United States, or robs or attempts to rob any such person of
mail matter, or of any money, or other property of the United States, shall, for the first
offense, be imprisoned not more than ten years; and if in effecting or attempting to effect
such robbery he wounds the person having custody of such mail, money, or other property
of the United States, or puts his life in jeopardy by the use of a dangerous weapon, or for a
subsequent offense, shall be imprisoned not more than twenty-five years.(b) Receipt,
Possession, Concealment, or Disposal of Property.— A person who receives, possesses,
conceals, or disposes of any money or other property that has been obtained in violation of
this section, knowing the same to have been unlawfully obtained, shall be imprisoned not
2. more than 10 years, fined under this title, or both.Write a 2- to 4-page analysis of the
scenario in which you address the following:Should this case go to a state or a federal
criminal trial? Why? What factors would a prosecutor consider to make this decision?Is
there a double jeopardy issue? In what way?What are the main roles and functions of
attorneys, court personnel, juries, and community members as the case moves through the
criminal trial process? How can each party affect the trial?What is the police officer’s role
during the criminal trial process in this case?Support your analysis with a minimum of two
references. The course textbook may be one resource. Additional references may include
scholarly articles, websites, blogs, podcasts, or other relevant sources.Adhere to APA
guidelines. Previous weeks assignment posted in attachments.