Introduction to Criminal Law (CRJS 110) using Westlaw
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The document provides instructions for using WestlawNext to research a criminal law case for an assignment, including selecting a crime and relevant case, finding the corresponding statute, and identifying another case dealing with the same crime and a procedural issue. It offers tips for using features in WestlawNext like filtering search results and accessing the full text of cases and statutes. The document concludes by recommending students schedule a meeting with a librarian if they have any other questions about using WestlawNext for research.
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Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
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· In what way did they challenge you?
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· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
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Most weeks there will be an extra-credit discussion where you can earn up to 5 extra credit points. Believe me, these points can add up and sometimes make the difference in your final letter grade.
This week's extra credit topic is long-arm jurisdiction which is available in CIVIL matters (criminal jurisdiction is handled differently).
There are state laws called "long-arm jurisdiction."
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https://www.youtube.com/watch?v=bTVi8FOhoV4
https://www.youtube.com/watch?v=QBpz-mQ2QeQ
Question for discussion: What is long-arm jurisdiction? Give an example.
Bottom of Form
Please reply to the following students as well
Nicholas Mayfield
RE: Week 2 Discussion
While actus rea is pretty much always required for there to have been a crime committed, in cases involving drugs, alcohol, or traffic crimes, mens rea is not necessary. The best example I can think of for this would be manslaughter due to reckless driving. When operating a motor vehicle, you accept the terms of strict liability, which is the main purpose of medications having a waring against operating vehicles and heavy machinery. When a drunk driver accidentally kills someone, they are likely to be found guilty of manslaughter. On the other hand, mens rea is required in cases not involving vehicles and/or mind altering substances. The only example that comes to mind for this is accepting stolen property. If you were to buy a bicycle from someone on craigslist, there is a good chance that you would not suspect the bike to be stolen property, in which case you would not be guilty. I feel like this concept would be most useful for the defense, as it allows you to maintain your innocence in the case of a crime you did not knowingly commit.
Subject matter jurisdiction is more interesting to me, as personal jurisdiction mainly just relates to a person being in a place. Subject matter jurisdiction, on.
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Valerie Gonzalez
“Intentional Torts”
Children are children however the question asked is should they be liable for their own intentional torts or should the parent and/or guardian be liable. Would my argument change if the injured party is the child themselves or an adult?
According to Schubert (2015) an intentional tort is “a civil wrong in which the defendant is alleged to have intentionally interfered with the plaintiff’s person, reputation, or property (p.375).” If a child’s conduct reflects that they have intentionally committed a civil wrong then yes, they should be held liable. However, there is another as if the child is not at the age of knowing right from wrong then the child needs to be taught and corrected therefore the parent and/or guardian needs to be held liable.
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References
Schubert, F. A. (2015). Introduction to law and the legal system. Stamford, CT: Cengage
Sylvia Patterson
I believe that a child should be held for their own intentional torts. One of my arguments would be the word “intentional”. That would mean that the child intentionally interfered with some one person, property, or reputation. I believe that some parents do raised their children to obey the laws and hold their children accountable for their actions. However when its intentional i think that beyond a parent controls. Like if a parent gives a child a car for their sweet 16th birthday and a month later the child is involve in a car accident that leaves a child an d mother dead. The child should be held responsible even though it was accident. When its intentional it would also depend on the person mindset at the time. Which makes me believe it was o purpose when its an accident .It would be some type of negligence.
My argument would not change if if the party was a child or adult i believe that people should be accountable for their actions whether they are intentional or negligence . I do not think parents should be responsible for their children actions. What if a single mom at work and she have directed her child to go home straight from and do not come back outside until she gets home. Then the child calls his mother at work to let her know that they are home from and then later that the mother receiv ...
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These are the materials you will need for this course.
· Walker, Samuel & Katz, Charles,
The Police In America, An Introduction
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The book for this course is
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2. Describe what happens to a person who is found to be legally insane during a criminal hearing? Do they go to jail? Treatment? Explain.
Chapter 7
1. Describe each of the different "parties to crimes" under early common law. How are "parties to crimes" used today under most state and federal statutes?
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These are the materials you will need for this course:
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Criminal Investigation
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2. How can the stomach contents of the deceased help an investigator?
3. What is autoerotic death and what is the primary cause of death?
Part 4
These are the materials you will need for this course:
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Criminal Procedure
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Chapter 12 -
Town of Castle Rock v. Gonzalez
1. Summarize the majority opinion's arguments supporting its conclusion that Gonzalez has no constitutional right to have the Castle Rock police enforce the restraining order against her husband.
2. Summarize the dissent's arguments supporting its conclusion that Gonzalez does have a constitutional
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Similar to Introduction to Criminal Law (CRJS 110) using Westlaw
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This document provides an introduction to using WestlawNext for researching criminal law cases. It recommends choosing a New York appellate court case that deals with the specific crime being examined. The document instructs the user to search for cases on WestlawNext, which operates similarly to Google, and view the "Most Detail" snapshot to assess relevance. It also recommends narrowing future searches and contacting a librarian for assistance with any questions.
Assignment Reflection You looked quite critically at the US Co.docx
Assignment : Reflection
You looked quite critically at the US Constitution and engaged in some controversial discussions. Be assured that you were not alone and that your classmates had a similar experience, although maybe not regarding the same issues that you found to be controversial.
In at least 250 words, post to the Discussion Area your answers to the following questions:
· Which reading assignments were the most challenging to you?
· In what way did they challenge you?
· What measures did you take to overcome the challenges?
· What is your learning from these challenges that you would like to share with your classmates?
· In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
Professor
Very informative post, fenan. For you classmates, can you elaborate on what "harmless error" means?
Thanks for the early post! Great job.
Student 1 Post
Which reading assignments were the most challenging to you?
The reading assignments that was most challenging to me was learning more about probable Cause, Stop & Frisk and Miranda Case. These assignments have challenge my mindset to understand how criminal justice and laws must be used.
In what way did they challenge you?
The way they challenge me was also giving important information that I didn’t know about how law was created. Learning new information is very knowledgeable and must be used with important needs. Many laws changes each year and all law enforcement officials should know the laws to conduct their duties to which they have taken an oath by.
What measures did you take to overcome the challenges?
Some measure that I used to overcome these challenges were learning more about how criminal procedure is conducted, understanding about what the criminal justice system is and focusing my knowledge better to use in my law enforcement career.
What is your learning from these challenges that you would like to share with your classmates?
I have learned a great deal upon how to use Criminal Procedure as a school setting to understand further what laws that are used in courtroom cases. I believe in many new learning strategies to one day may become someone important. With challenges come better learners to create any standards that are what we stand for.
In your readings, which constitutional issues did you find controversial? What insight that you gained through your discussions of these controversial issues would you like to share with your classmates?
A Constitutional issues that I found controversial are The Charging Decision vs deciding Not to Prosecute.
The Charging Decision
The prosecutor generally has the authority to decide whether to proceed with charges. This is known as prosecutorial discretion. He or she can elect not to charge for a number of reasons, even over strenuous objection on the part of the complainant or victim. The pr ...
CRJS 250 Caruso Criminology Research Paper
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CRJS250 Carsuso Criminology Research Paper Guide
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Beowulf Hero Traits Essay. Online assignment writing service.
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Constitutional Law using Westlaw for Cosgrove Militano, CRJS 210
1. The document provides instructions for using Westlaw, a legal research database, to find and analyze Supreme Court cases.
2. It demonstrates how to search for cases on a specific topic, like same-sex marriage, and how the search results present relevant cases and highlight search terms.
3. The document then walks through analyzing a selected same-sex marriage case, explaining the structure of the case including headnotes, syllabus, opinions, and secondary sources that discuss the case.
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This tutorial provides an overview of how to perform legal research on WestlawNext, including:
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Week 2 Discussion Elements of a Crime and Jurisdiction Please .docx
Week 2 Discussion
"Elements of a Crime and Jurisdiction" Please respond to the following:
· Review the table, titled "Elements of a Crime", located in Chapter 3 of the textbook, then compare and contrast the roles of mens rea (i.e., guilty mind) and actus rea (i.e., the forbidden act or omission) as they relate to proving a crime has been committed. Next, discuss whether the concurrent occurrence of these elements is more beneficial to the prosecution or the defense. Justify your response.
· It is common knowledge that jurisdiction, the official power to make legal decisions and judgments, is vitally important to the adversarial legal system. Discuss the importance of having either subject matter jurisdiction or personal jurisdiction over the cause of action. Include one (1) example of the importance of the chosen jurisdiction to support your response.
Week 2 Extra Credit Discussion- Long-Arm Jurisdiction
Hi Class,
Most weeks there will be an extra-credit discussion where you can earn up to 5 extra credit points. Believe me, these points can add up and sometimes make the difference in your final letter grade.
This week's extra credit topic is long-arm jurisdiction which is available in CIVIL matters (criminal jurisdiction is handled differently).
There are state laws called "long-arm jurisdiction."
Sometimes a court can exercise jurisdiction over a non-resident. This video explains it.
Long-arm jurisdiction can be exercised if there is activity within the state by a non-resident.
https://www.youtube.com/watch?v=bTVi8FOhoV4
https://www.youtube.com/watch?v=QBpz-mQ2QeQ
Question for discussion: What is long-arm jurisdiction? Give an example.
Bottom of Form
Please reply to the following students as well
Nicholas Mayfield
RE: Week 2 Discussion
While actus rea is pretty much always required for there to have been a crime committed, in cases involving drugs, alcohol, or traffic crimes, mens rea is not necessary. The best example I can think of for this would be manslaughter due to reckless driving. When operating a motor vehicle, you accept the terms of strict liability, which is the main purpose of medications having a waring against operating vehicles and heavy machinery. When a drunk driver accidentally kills someone, they are likely to be found guilty of manslaughter. On the other hand, mens rea is required in cases not involving vehicles and/or mind altering substances. The only example that comes to mind for this is accepting stolen property. If you were to buy a bicycle from someone on craigslist, there is a good chance that you would not suspect the bike to be stolen property, in which case you would not be guilty. I feel like this concept would be most useful for the defense, as it allows you to maintain your innocence in the case of a crime you did not knowingly commit.
Subject matter jurisdiction is more interesting to me, as personal jurisdiction mainly just relates to a person being in a place. Subject matter jurisdiction, on.
Valerie Gonzalez Intentional Torts”Children are children ho.docx
Valerie Gonzalez
“Intentional Torts”
Children are children however the question asked is should they be liable for their own intentional torts or should the parent and/or guardian be liable. Would my argument change if the injured party is the child themselves or an adult?
According to Schubert (2015) an intentional tort is “a civil wrong in which the defendant is alleged to have intentionally interfered with the plaintiff’s person, reputation, or property (p.375).” If a child’s conduct reflects that they have intentionally committed a civil wrong then yes, they should be held liable. However, there is another as if the child is not at the age of knowing right from wrong then the child needs to be taught and corrected therefore the parent and/or guardian needs to be held liable.
If the act is against the child themselves then the parent and/or guardian is liable no question asked. For a parent and/or guardian are the ones who are to protect children when they cannot protect themselves. We are the voice for them when they cannot speak for themselves.
If the act is against an adult, then I ask as to why this act occurred. How did it happen and why, for a child is not going to attack an adult without cause or reason.
In conclusion, children need to be held accountable for their actions within reason. If I child does not no better, then how can he be held liable for his ignorance? There is a difference between stupidity and ignorance for ignorance is not knowing and stupidity is knowing and choosing to continue anyhow.
References
Schubert, F. A. (2015). Introduction to law and the legal system. Stamford, CT: Cengage
Sylvia Patterson
I believe that a child should be held for their own intentional torts. One of my arguments would be the word “intentional”. That would mean that the child intentionally interfered with some one person, property, or reputation. I believe that some parents do raised their children to obey the laws and hold their children accountable for their actions. However when its intentional i think that beyond a parent controls. Like if a parent gives a child a car for their sweet 16th birthday and a month later the child is involve in a car accident that leaves a child an d mother dead. The child should be held responsible even though it was accident. When its intentional it would also depend on the person mindset at the time. Which makes me believe it was o purpose when its an accident .It would be some type of negligence.
My argument would not change if if the party was a child or adult i believe that people should be accountable for their actions whether they are intentional or negligence . I do not think parents should be responsible for their children actions. What if a single mom at work and she have directed her child to go home straight from and do not come back outside until she gets home. Then the child calls his mother at work to let her know that they are home from and then later that the mother receiv ...
Persuasive Writing Prompt Task Cards. 40 Different To
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Part 1These are the materials you will need for this course..docx
Part 1
These are the materials you will need for this course.
· Walker, Samuel & Katz, Charles,
The Police In America, An Introduction
, 9th Edition, McGraw Hill
1. How exactly is the guardian mentality likely to improve the quality of policing? Are there any dangers involved in this approach?
2. Discuss why scenario-based training is likely to be more effective even than good, detailed lectures, where recruits have an opportunity to ask questions about situations and tactics.
Part 2
The book for this course is
Criminal-Law-OER.pdf
Chapter 6
1. Describe the requirements of the M'Naghten Defense and the Substantial Capacity Test.
What famous, historical cases were involved the use of each test? What is/are the primary difference(s) between the two tests?
2. Describe what happens to a person who is found to be legally insane during a criminal hearing? Do they go to jail? Treatment? Explain.
Chapter 7
1. Describe each of the different "parties to crimes" under early common law. How are "parties to crimes" used today under most state and federal statutes?
2. 1. Explain the concept of vicarious liability? Is vicarious liability the same as accomplice liability? Explain.
Part 3
These are the materials you will need for this course:
· Swanson, C., Chamelin, N., Territo, L., & Taylor, R.
Criminal Investigation
, 11th Edition, McGraw-Hill
Answer the chapter questions listed below. List the number of the questions when responding and write in complete sentences.
1. Nonfelonious homicide is broken into two parts, Justifiable or excusable. What are the differences between the two?
2. How can the stomach contents of the deceased help an investigator?
3. What is autoerotic death and what is the primary cause of death?
Part 4
These are the materials you will need for this course:
· Samaha, J.
Criminal Procedure
, 10th, Cengage.
Chapter 11 -
Dwares v. City of New York
1. List all the facts relevant to deciding whether NYPD officers allowed Kreitman to beat Steven Dwares.
2. Summarize the Court's arguments applying the state-created-danger rule to the facts of this case.
3. Do you believe it should be the federal courts' "business" to decide when police officers are liable when private people beat up other individuals? If you do, who should make these decisions? State courts? Legislatures? Special panels of experts? Explain your answer.
Chapter 12 -
Town of Castle Rock v. Gonzalez
1. Summarize the majority opinion's arguments supporting its conclusion that Gonzalez has no constitutional right to have the Castle Rock police enforce the restraining order against her husband.
2. Summarize the dissent's arguments supporting its conclusion that Gonzalez does have a constitutional
3. right to have the Castle Rock police enforce the restraining order against her husband.
4. Do you think the Colorado "mandatory" enforcement statute intended to take away the Castle Rock Police Department's discretion in enforcing the .
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- 1. WESTLAWNEXT Introduction to Criminal Law – Cosgrove Militano This work byValerie LangWaldin, J.D., M.L.S., Associate Professor, HVCC is licensed under a Creative Commons Attribution 4.0 International License.
- 4. Let’s start with Database Finder.
- 6. This is what you see when you first open WestlawNext! The search box is designed like Google for simplicity. 24/7 assistance
- 8. WESTLAWNEXT Introduction to Criminal Law – Cosgrove Militano
- 9. Professor Cosgrove-Militano recommends a case from the Appellate Division (NY’s intermediate level appeals court) because decisions tend to be a few pages in length which makes writing a brief more manageable. But you can choose any reported decision from a NY court.
- 10. FYI: When you select a specific court in Westlaw, in this case the NY Supreme Court Appellate Division (intermediate level appeals court), you first get a list of the top to most recently decided cases for that court.
- 11. 1. CHOOSE A CRIME 2. Find a case that deals with this crime.
- 13. By choosing “Most Detail” you get a snapshot of how your search terms are used in the case. This can help you determine which cases are relevant.
- 14. Remember you can sort your results by date – most recent cases first.
- 16. Click on the link to a case to view the entire case.
- 17. Citation
- 20. 3. FIND THE CORRESPONDING STATUTE
- 21. You can usually find the statute in the case.
- 23. Another way to find a statute is to go back to the main Westlaw screen and select Statutes.
- 25. Type your crime in the search box.
- 27. 4. FIND ANOTHER CASE DEALING WITH THE CRIME YOU HAVE CHOSEN AND A PROCEDURAL ISSUE Example: first degree murder and Miranda warnings
- 28. Let’s say our crime is first degree murder and our procedural issue is Miranda warnings.
- 29. Be sure to find a case with enough FACTS to write about. Facts are found in the OPINION. A small memorandum is not sufficient.
- 30. You can also access Westlaw by way of the Research Guides
- 33. Follow your instructor’s guidelines on case briefing. This is only intended as a guide.
- 34. Make an appointment with a librarian!
- 35. Well worth it!
- 36. QUESTIONS? Contact v.waldin@hvcc.edu or Val Waldin at 518.629.7319