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APA format (12 point font, Times New Roman, double spaced) Directions: Provide short essay answers and cite your work using APA style , case law, and the applicable federal rules of evidence or constitutional amendment(s) applicable to support your answer. What are the four general categories of physical evidence? Briefly explain the process of marking an item of evidence for identification purposes. Generally speaking, what are the reasons for excluding a gruesome photo from coming into evidence at trial? What is the typical chain of custody from first observance to introduction at trial? List five objections that may be used by a defense attorney in order to prevent an item from being admitted as evidence. What are the first three things an officer would normally do upon arriving at a crime scene? What are the circumstances in which video and audio evidence may be used in court? List 10 different uses of photographic and recorded evidence. What is the first rule of admissibility of photographic and recorded evidence? What is the second rule of admissibility of photographic and recorded evidence? Identify those witnesses who can authenticate a photograph or recording. When is a photograph or videotape likely to be admitted into evidence, even though it depicts a gruesome scene or a nude person? What are the three methods of authentication of photographs and recordings other than by an attesting witness? .

Education

APA format (12 point font, Times New Roman, double spaced)Direct.docx

Directions: Provide a short essay answer for each question; cite your work using APA style . Briefly describe two forerunners of the present-day jury trial. What is the technical definition of evidence and what is the purpose of evidence when presented at trial? "Rules of evidence," or the "law of evidence," as they are also known, are a set of regulations that act as guidelines. List at least three of these general guidelines. How does the dual judicial system operate in the United States? List 3 reasons why a defense attorney may want to cross-examine a witness. What is the police officer’s role in helping the prosecutor prepare for trial? State the basic purpose of a trial. List the six qualifications for being a juror. Briefly explain the process of voir dire. List three activities a police officer will likely engage in prior to the trial. .

Chapter 21 - The Investigator and the Legal System1.docx

walterl4

Chapter 21 - The Investigator and the Legal System 1 The decisions investigators must make involve a great deal of discretion. Investigators must consider what may be termed risk factors. 2 Investigators must consider what may be termed risk factors. Some police officers and criminal investigators are not fully aware of the order in 3 which a trial is conducted because time often prohibits them from attending a complete trail from beginning to end. Also, witnesses are often sequestered from the courtroom before and after giving testimony. This very common practice is used to minimize the possibility that a witness’s testimony might be affected by other witnesses’ testimony. The courtroom process begins with the selection and swearing in of a jury. Jury selection can last a few hours or a few weeks, depending on the selection process and the nature of the case. The jury panel from whom the jurors in the trial will eventually be picked is called a venire. The steps in the trial process include: direct examination, cross-examination, redirect examination, re-cross examination, the rebuttal, surrebuttal, and closing arguments. Evidence can be defined as anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy. 4 a fact at issue in a judicial case or controversy. The rules of evidence are designed primarily to keep a jury from hearing or seeing improper evidence, and the first rule of evidence is designed to set parameters on the above definition of evidence. Proof may be defined as the combination of all those facts—of all the evidence—in 5 determining the guilt or innocence of a person accused of a crime. The pie chart above illustrates how several different pieces of evidence can be put together in order to constitute proof of guilt. 6 be put together in order to constitute proof of guilt. The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed 7 to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute. Direct Evidence 8 Direct evidence usually is the testimony of witnesses that ties the defendant directly to the commission of the crime, such as the testimony of an eyewitness who can positively state that the defendant committed the crime. Real Evidence Sometimes referred to as “physical evidence,” real evidence is connected with the commission of the crime and can be produced in court. Demonstrative Evidence Demonstrative, or illustrative, evidence is not identical to real evidence even though the items introduced are tangible. It consists of maps, diagrams, sketches, photographs, tape recordings, videotapes, X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony. Circumstantial Evidence 9 It is a myth that one cannot be convicted of a crime solely o.

reply back to this 150 words1. A police officer must have pro

felipaser7p

reply back to this 150 words 1. A police officer must have probable cause to arrest an individual. What is probable cause? How much probable cause is needed to secure an arrest or search warrant? Probable cause is a vague term that comes from the Fourth Amendment in the Constitution. The Constitution does not define probable cause nor does it set any limits. Over the past decade’s courts have been modernizing decisions through various cases such as Riley v. California (2014). Arrests and search warrants both require probable cause (Rutledge, 2010). The standard for probable cause is also vague and is much lower than the level of proof for a conviction in court. According to Rutledge probable cause has hindered lower court abilities in recognizing that the officer has a wider view in the field than the judge has in the courtroom. Search Warrants typically require a probable cause affidavit and they are written in such a way that is so specific the officer it teetering on broken glass if he or she breaks away from what is in the affidavit. For example, you would not be searching the second story of a home for a stolen airplane. What is the exclusionary rule? Discuss the exceptions to the exclusionary rule. The exclusionary rule does exactly what it sounds like. If evidence is obtained illegally by law enforcement then it shall be suppressed in court. There are exceptions to this rule that have been created since the early 1980’s (Vaughn, 2001). One exception is that illegally seized evidence can be used in court as long as it was taken completely independent of the illegal actions ( Segura v. U.S, 1984) . Another exception is one that is known as the “good faith exception”. U.S. v. Leon (1984) created the exception that technical errors in reasonably obtained search warrants shall be admissible. Furthermore, just because a warrant is technically invalid, if an officer believes it to be valid then the evidence shall not be suppressed ( Leon, Massachusetts v. Shepard (1984) . Technical errors may well be the most common mistake among suppression requests being denied. Discuss the difference in a stop and frisk and an arrest. What are the requirements for an officer to conduct a “stop and frisk”? Stop and frisk (“Terry Stop” from Terry v. Ohio (1967) is a tool that police utilize across the country in an attempt to deter and prevent crime. Immediately stop and frisk took on a brutal onslaught of publicity that claims it creates inequality, racial divides, and biased policing. The consequences of stop and frisk policing are being replied by some large agencies completely altering the training and methodology of the department; such as, the New York City Police Department and their 21st Century Initiative. Stop and frisk may be able to align itself within intelligence led policing practice and community policing methods (Sewell, 2018). The main difference between stop and frisk and an arrest is that an a ...

Discussion Board Unit4 Proof Requirements and Sentencing Due.docx

elinoraudley582231

Discussion Board Unit4 Proof Requirements and Sentencing Due Date: Initial post- Wed, Reply post -Sun, Points Possible: 75 The discussion assignment for this week includes a review of the Key Assignment Outline completed by one of your classmates, as well as a substantial response to at least one other student. Primary Task Response: Your first task is to post your own Key Assignment Outline to the discussion area so that other students are able to review your plan. Attach your document to the main discussion post, and include any notes you feel are appropriate. The purpose of this assignment is to help improve the quality of the Key Assignment Draft you will complete next week. Respond to Another Student: Review at least 1 other student's Key Assignment Outline and provide meaningful feedback. Refrain from general feedback, such as simply stating "good job." Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement. Discussion Board Unit 4 Proof Requirements and Sentencing Due Date: Initial-Wed, Reply- Sun, Points Possible: 75 post an outline of their Key Assignment to the Discussion Board as part of your main post. The main post should include any necessary notes regarding the outline. You should complete at least 1 quality response to a classmate during the week using the three-stage approach to identify the following: what was done well weaknesses areas for improvement There is an expectation that grammar, spelling, punctuation, and format are correct and professional. Individual Project Unit 4: Proof Requirements and Sentencing Due: Mon, see class Grading 150 Length: 1,250–1,500 words Key Assignment While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail. The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail. Assignment Guidelines Address.

Prepare a case brief of the landmark case in Chapter 10 of your text.docx

sarantatersall

Prepare a case brief of the landmark case in Chapter 10 of your textbook, Mapp v. Ohio , including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief. Respond to the questions below: Define the exclusionary rule. There are three justifications for the exclusionary rule. What are they? Explain the rationale behind each one. Which justification does the US Supreme Court use today? List five exceptions to the exclusionary rule. Define and explain each one. Explain law enforcement procedures beginning with initial contact with a suspect through an arrest. Explain rights and procedures of accused persons from initial court appearance to verdict. Discuss the exclusionary rule and the Fourth Amendment ban on unreasonable searches and seizures. Discuss the exclusionary rule in regard to the Fifth Amendment protection against self-incrimination. Discuss the exclusionary rule and the Sixth Amendment right to counsel. Discuss lawsuits against federal and state government. Describe civil rights actions under Title 42 of the Civil Rights Act. Reference Samaha, Joel. (2015). Criminal Procedure, 9th, Ed. Boston, MA: Cengage. .

Answer each part in essay format.Explain rights and procedures of .docx

cullenrjzsme

Answer each part in essay format. Explain rights and procedures of accused persons from initial court appearance to verdict. Discuss the exclusionary rule and the Fourth Amendment ban on unreasonable searches and seizures. Discuss the exclusionary rule in regard to the Fifth Amendment protection against self-incrimination. Discuss the exclusionary rule and the Sixth Amendment right to counsel. Discuss lawsuits against federal and state government. Describe civil rights actions under Title 42 of the Civil Rights Act. Prepare a case brief of the landmark case in Chapter 10 of your textbook, Mapp v. Ohio , including facts, procedural history, issue, rule, analysis, and conclusion. Label each component of the brief . Answer each part in essay format. Define the exclusionary rule. There are three justifications for the exclusionary rule. What are they? Explain the rationale behind each one. Which justification does the US Supreme Court use today? List five exceptions to the exclusionary rule. Define and explain each one. Reference Samaha, Joel. (2015). Criminal Procedure, 9th, Ed. Boston, MA: Cengage. .

Forensics ch 1 notesLeah Morgan

Forensics Ch 1 notes

Leah Morgan

MBA535: Case Brief Guidelines and Rubric How and Why to Brief a Law Case Purpose The purpose of reading in the practice of law is different from the purpose of reading in many other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but to be able to use the information to answer a question. This requires understanding judicial opinions in depth and being able to use the information in a number of cases to formulate an answer to a new question. Therefore, passively reading cases is not sufficient; you must deconstruct the opinion into its component parts and state those components in your own words and in an easily accessible format. Then the information is at hand for you to apply to a new set of facts. Briefing a case requires you to put the material into your own words. To do this, you have to understand it. Underlining text does not require you to understand it. Moreover, briefing a case reduces the volume of material so you can find what you need. Underlining does not accomplish this goal either. Assignment You will complete two Case Briefs as follows and submit each to the Dropbox no later than Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to Turnitin.) Details for each Case Brief are located within Modules 4 and 8. Instructions Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below. The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al., 2007). 1. Case name: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case. 2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case. 3. Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar. 4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation. 5. Issue: The particular question the court had to decide in this case. It usually includes specific facts ...

Mechanics of Precedent EoU 2014

Miss Hart

Mechanics of Precedent

Miss Hart

The two common Fourth Amendment exceptions that are part of this Dis.docx

wsusan1

The two common Fourth Amendment exceptions that are part of this Discussion Board are consent and probable cause . Both aspects should be articulated in your answer. The Fourth Amendment protects people from unreasonable searches and seizures. Taking fingerprints from a person is considered to be a seizure and it must be done with probable cause or consent. With probable cause, police are allowed to take a person’s fingerprints and photograph, and record and maintain records of them. Consider how these same standards apply to other aspects of biometric data. Identify one biometric characteristic other than fingerprints (e.g., eye scanning, facial scanning, etc.) and explain how the Fourth Amendment would apply to the collection of that data. Under what circumstances might law enforcement be able to compel the collection of other biometric data? Why would the collection of those biometric data be considered reasonable? .

Deliverable Length400–600 wordsDetailsPrimary Discussion R.docx

cargillfilberto

Deliverable Length: 400–600 words Details: Primary Discussion Response is due by Wednesday The defendant has been arrested for a crime of manslaughter. He has been confined at the local jail for more than 6 months. The Sixth Amendment of the U.S. Constitution guarantees the accused the right to a speedy and public trial. Primary Task Response: Write 400-500 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas: What factors do you think the judge should take into consideration when trying to arrive at a decision on how to ensure the defendant’s right to a public and speedy trial? Do you believe that the press has a right to be present during trials? Why or why not? Explain your position. What problems do you foresee, if any, with allowing television cameras inside the courtroom? Explain your position. .

Directions Respond to the following prompts.Each answer must .docx

kimberly691

Directions: Respond to the following prompts. Each answer must be a minimum of three quarters of one page in length and utilize APA guidelines for formatting and citations. 1. Name three men commonly recognized as one of the first detectives in the area of criminal investigations and give an overview of their contribution(s) to the field. 2. Discuss computer-aided investigation, specifically Comp-stat. Include when, where, and by whom it was implemented, the four principles it was built around, and how computers can help investigators. 3. What is the real purpose of a criminal investigation? 4. What are the major goals of a criminal investigation? 5. What are some characteristics of effective investigators? 6. What type of statements are spontaneous statements made at the time of a crime, concerning and closely related to actions involved in the crime? They are often considered more truthful than later, planned responses. 7. Protection against lawsuits includes what four elements? 8. What legal statute states that anyone who acts under the authority of law and who violates another person’s constitutional rights can be sued? 9. As a police investigator, what is one of the best ways to avoid lawsuits or to defend oneself if sued? .

APA FORMATINTEXT CITATIONSREFERENCES A MUST4 PARAGRAPH.docx

hirstcruz

APA FORMAT INTEXT CITATIONS REFERENCES A MUST 4 PARAGRAPHS The two common Fourth Amendment exceptions that are part of this DB are consent and probable cause . Both aspects should be articulated in your answer. The Fourth Amendment protects people from unreasonable searches and seizures. Taking fingerprints from a person is considered to be a seizure and it must be done with probable cause or consent. With probable cause, police are allowed to take a person’s fingerprints and photograph, and record and maintain records of them. Consider how these same standards apply to other aspects of biometric data. Identify one biometric characteristic other than fingerprints (e.g., eye scanning, facial scanning, etc.) and explain how the Fourth Amendment would apply to the collection of that data. Under what circumstances might law enforcement be able to compel the collection of other biometric data? Why would the collection of those biometric data be considered reasonable? .

Using the law to determine the legal issue

kdouat

Forensic chemistry introductionBruno Mmassy

CJ 560 Milestone One Guidelines and RubricOverview This m.docx

sleeperharwell

CJ 560 Milestone One Guidelines and Rubric Overview: This milestone will allow you to complete the Background portion of your final project. In Module One, you chose a controversial court case in which the judicial process created civil unrest and discord or was otherwise the subject of national media scrutiny, and that aligns with your educational and professional interests in criminal justice. In this milestone, you will discuss the facts, the legal issues, the judicial proceedings, the procedural history, and the holding(s) of the court case. Prompt: Use the case you identified in Module One to complete this assignment. In this milestone, create a draft that addresses the Background portion of your final project. Specifically, the following critical elements must be addressed: I. Background of the Case A. Facts: Provide a clear, succinct, and accurate summary of the key facts of the case. For instance, on what date(s) did the crime occur? Who was involved? What weapon was used (if there was one)? B. Timeline: Develop a clear, accurate timeline of your controversial court case that summarizes the decision of the court. Specifically, the timeline of your case should include: 1. The legal issues 2. The judicial proceedings 3. The procedural history 4. The holding(s) C. Verdict: Defend, with evidence, your position on the court’s verdict. In other words, did the court issue the most appropriate verdict in the case? Why or why not? Ensure that you communicate your defense clearly and effectively. D. Type of Court: Explain where (local, state, or federal court) the case was tried, specifically including whether the case was tried in civil court as well as criminal court. Why was the case tried in civil court, or why was it not? E. Similarities: Explain the similarities between the procedures in the criminal trial that occurred and the procedures in a civil trial (whether actual or potential) for your case. F. Differences: Explain the differences between the procedures in the criminal trial that occurred and the procedures in a civil trial (whether actual or potential) for your case. Rubric Guidelines for Submission: Your draft of the Background portion of your final project will be submitted as a presentation and must include speaker notes or a transcript. Audio and video are strongly encouraged because of the importance of communication in the criminal justice profession. Your presentation should have 5–7 slides, although this is a minimum requirement; depending on the controversial court case you select, you may need more slides to comprehensively analyze your court case. You should use current APA style guidelines for your citations and reference list, with a minimum of three sources. Critical Elements Proficient (100%) Needs Improvement (90%) Not Evident (0%) Value Background: Facts Provides clear, succinct, and accurate summary of the key facts of the case Provides a summary of the facts of the case, but summary has gaps in c.

Legal Aspects of Safety and HealthUnit V Assessment Bottom of .docx

SHIVA101531

Legal Aspects of Safety and Health Unit V Assessment Bottom of Form Question 1 When OSHA requests a court to issue a warrant, it must establish what to justify the search? a relaxed possible cause standard historical record of violations a relaxed probable cause standard none of the above, because it has the right to do so without justification based on Section 8(e) 4 points Question 2 All of the following factors are used to determine if the common law audit attorney/client privilege exists except which one? Whether there is a low public interest in encouraging audits of this type to be considered. Whether there is a strong likelihood that not applying the privilege in this context will discourage companies from conducting these types of audits. Whether the information at issue was generated in the course of a self-audit conducted by the company. Whether the company intentionally preserved the confidentiality of the information. 4 points Question 3 All of the following are ways for the employer to attempt to challenge a warrant in federal court (after a compliance officer arrives at the workplace already armed with the warrant) except which one? Refuse entry to the compliance officer and wait to defend the Secretary of Labor's motion for contempt. Permit the inspection to proceed under protest and later move to suppress the evidence gathered during the inspection. Refuse entry to the compliance officer and go to the federal court to preemptively challenge OSHA's right to a warrant. Refuse entry to the compliance officer and move to quash the warrant. 4 points Question 4 What gives a company the ability to literally inspect itself and thereby find and resolve problems before they become legal liabilities? Cost benefit analysis Consultants Auditing Because it was the right thing to do 4 points Question 5 What term is applied to a privilege created by the courts, as opposed to that created by a legislature? Congressional Presidential Judicial Common Law 4 points Question 6 What section of the Act and what records will a compliance officer cite and ask for in an opening conference? Section 8 (d), and OSHA Form 203-207 Section 8 (e), and Hazardous Materials Inventory Section 8 (c), and OSHA Form 300 (OSHA 300 Log) Section 8 (c), and OSHA Form 200 4 points Question 7 Which of the following statements is false? The evidence collected by compliance officers during walk arounds will be used by OSHA to prove alleged citations. A pre-citation settlement can be a favorable way to resolve an enforcement action. It is a good idea to keep a duplicate copy of all documents produced to OSHA to help for negotiations or hearings. A good resource to help understand OSHA inspections is OSHA's Compliance Understanding Catalogue. 4 points Question 8 Confidentiality is a critical factor for securing the common law audit privilege. What case showed that, like other evidentia ...

Review Questions1. What is physical evidence Provide at least.docx

michael591

Review Questions 1. What is physical evidence? Provide at least three examples in your answer. 2. Describe three ways that a crime scene can be recorded. What is a benefit of each? 3. What is a chain of custody? Why is it important? 4. What three types of photographs are taken at crime scenes? Describe each type? 5. Why is it important to record the crime scene? Critical Thinking Questions 1. Why is it important to secure the crime scene? What do you think would be the most difficult part of doing this? 2. What type of recording do you think would be the most useful to crime investigators? Why? 3. What do you think would be the best method of submitting evidence to a crime lab? Why? 4. What type of evidence do you think would be most difficult to collect? Why? 5. What does the Fourth Amendment protect against? Do you agree with these restrictions on collecting evidence? Why or why not? .

1st PartDeliverable Length 2-3 paragraphsPolice officers ar.docx

jeanettehully

1st Part Deliverable Length: 2-3 paragraphs Police officers are required to follow the Constitution. Many amendments that make up the Bill of Rights deal with law enforcement related issues and explain the rules that the police must follow. Interpretation of the Constitution occurs when cases are challenged in court. The 4 th Amendment requires that people in the United States are free from unreasonable searches and seizures. When the trial court establishes that a defendant’s constitutional rights were violated, the judge can rule to exclude the illegally obtained evidence. This is applying the exclusionary rule. Throughout the years the courts have also established exceptions to the exclusionary rule which means illegally obtained evidence may still be accepted as evidence in a criminal trial. Discuss two exceptions to the exclusionary rule. Provide an example of each of these exceptions. Discuss if you agree or disagree with these exceptions to the exclusionary rule. 2nd Part Deliverable Length: 2-3 paragraphs The U.S. system of government and criminal justice system place certain authority and responsibility upon the law enforcement officer, the prosecutor, and the judge. Each individual has various degrees of discretion that can be exercised in performing duties at different times during each stage of a criminal procedure. The exercise of discretion can have a tremendous impact on the manner in which a criminal case is investigated, prosecuted, or sentenced. Part 1: Provide concrete examples of when and how each of these officials of the criminal justice system (law enforcement officer, the prosecutor, and the judge) may appropriately exercise discretion at the six stages of criminal procedure: The investigation stage The arrest stage The pretrial stage The trial stage The appeal stage The serving the sentence stage Remember that one or more of these officials will have little or no involvement in all six stages of criminal procedure; however, for each stage, indicate which official has the power to exercise discretion and how that discretion can be legitimately exercised by that official. Part 2: Then, suggest guidelines that are now, or that could legitimately be, imposed by law to limit the arbitrary use of each official’s power of discretion. Provide support or examples for each of the guidelines that you have suggested. Please provide APA citation and references NO PLAGIARISM!!!!! .

Apa format and each discussion should be 150 words and separate all .docx

APA format (12 point font, Times New Roman, double spaced)Direct.docx

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