PLEASE ANSWER ALL QUESTIONS THOROUGHLY….THERE ARE FOUR QUESTIONS Explain the differences between a misdemeanor and a felony charge? Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions? Finally, provide a definition in your own words, for the legal term, corpus delicti? Why does corpus delicti have to be proven for there to be an effective criminal prosecution? THIS ASSIGNMENT IS COMPLETED ABOVE, YOUR NEXT ASSIGNMENT IS TO: Respond to at least two of your classmates’ posts. Question the efficacy of all of the legal terms discussed in this discussion board with your classmates. Do you think that this is the best way to handle previous case law, designate how a case is charged, and to ensure that an actual crime was committed? Please offer alternatives to the current legal analyses in your responses to your classmates. Remember; do not merely agree with your classmates without additional information. A substantive response advances the discussion in a meaningful way; merely agreeing with your classmates is not a substantive response. PROVIDE FEEDBACK ON TWO CLASSMATES POSTS. THE LENGTH MUST BE 200 WORDS EACH POST. THERE ARE TWO FEEDBACKS YOU MUST DO. MUST BE POSITIVE FEEDBACK, PROPER GRAMMAR/SENTENCE STRUCTURE, AND ANY OUTSIDE SOURCES YOU USE THAT RELATES TO THE FEEDBACK FROM THE STUDENT MUST BE PROPERLY CITED/SCHOLARY SOURCE. First Discussion Response from Electa Pifer The textbook this week provided you with a wealth of information about key concepts in the foundations of criminal justice. In your primary response for this discussion, explain the differences between a misdemeanor and a felony charge. In most criminal justice systems, a felony is a crime that may be punished by 1 year or more of incarceration (Wright, 2013). In most cases individuals convicted of a felony are incarcerated in prison (Wright, 2013). Felony is a serious crime, characterized under federal law and many state statues as any offense punishable by death or imprisonment (West’s Encyclopedia of American Law Edition 2, 2008). A misdemeanor is a crime that may be punished by no more than 1 year of incarceration (Wright, 2013). The individuals convicted of misdemeanors usually serve their time in jails (Wright, 2013). Misdemeanor is offenses lower than felonies and generally those punishable by fine, penalty, forfeiture, or imprisonment other than in a penitentiary (West’s Encyclopedia of American Law Edition 2, 2008). The differences between a felony and misdemeanor charge is that a person is punished for the offenses committed one serves time in a prison for more than one year and the other serves time in a jail for no more than a year. These charges are used to classify where the criminal is punished and where the sentence will take them. Detail how the legal terms stare decisis and legal precedent affect criminal prosecutions. Stare decisis is the legal doctrine used in common law in which a court follows the legal prece.

1. PLEASE ANSWER ALL QUESTIONS
THOROUGHLY….THERE ARE FOUR QUESTIONS
Explain the differences between a misdemeanor and a felony
charge?
Detail how the legal terms stare decisis and legal precedent
affect criminal prosecutions?
Finally, provide a definition in your own words, for the legal
term, corpus delicti?
Why does corpus delicti have to be proven for there to be an
effective criminal prosecution?
THIS ASSIGNMENT IS COMPLETED ABOVE, YOUR NEXT
ASSIGNMENT IS TO:
Respond to at least two of your classmates’ posts.
Question the efficacy of all of the legal terms discussed in this
discussion board with your classmates.
Do you think that this is the best way to handle previous case
law, designate how a case is charged, and to ensure that an
actual crime was committed?
Please offer alternatives to the current legal analyses in your
responses to your classmates.
Remember; do not merely agree with your classmates without
additional information. A substantive response advances the
discussion in a meaningful way; merely agreeing with your
classmates is not a substantive response.
PROVIDE FEEDBACK ON TWO CLASSMATES POSTS. THE
LENGTH MUST BE 200 WORDS EACH POST. THERE ARE
TWO FEEDBACKS YOU MUST DO. MUST BE POSITIVE
FEEDBACK, PROPER GRAMMAR/SENTENCE STRUCTURE,
AND ANY OUTSIDE SOURCES YOU USE THAT RELATES
TO THE FEEDBACK FROM THE STUDENT MUST BE
PROPERLY CITED/SCHOLARY SOURCE.

2. First Discussion Response from Electa Pifer
The textbook this week provided you with a wealth of
information about key concepts in the foundations of criminal
justice. In your primary response for this discussion, explain the
differences between a misdemeanor and a felony charge.
In most criminal justice systems, a felony is a crime that may be
punished by 1 year or more of incarceration (Wright, 2013). In
most cases individuals convicted of a felony are incarcerated in
prison (Wright, 2013). Felony is a serious crime, characterized
under federal law and many state statues as any offense
punishable by death or imprisonment (West’s Encyclopedia of
American Law Edition 2, 2008).
A misdemeanor is a crime that may be punished by no more
than 1 year of incarceration (Wright, 2013). The individuals
convicted of misdemeanors usually serve their time in jails
(Wright, 2013). Misdemeanor is offenses lower than felonies
and generally those punishable by fine, penalty, forfeiture, or
imprisonment other than in a penitentiary (West’s Encyclopedia
of American Law Edition 2, 2008).
The differences between a felony and misdemeanor charge is
that a person is punished for the offenses committed one serves
time in a prison for more than one year and the other serves
time in a jail for no more than a year. These charges are used to
classify where the criminal is punished and where the sentence
will take them.
Detail how the legal terms stare decisis and legal precedent
affect criminal prosecutions.
Stare decisis is the legal doctrine used in common law in which
a court follows the legal precedent set in earlier opinions
(Wright, 2013). Legal precedent is a legal issue that has been
previously determined (Wright, 2013). These two terms affect
criminal prosecutions in different ways. For example, precedent
was initiated in the criminal justice system because of the

3. Miranda v. Arizona case because of failing to advise the subject
of their rights which ultimately excluded the subject’s statement
from evidence; sometimes the court doesn’t always follow stare
decisis in which they modified or reverse a prior decision as a
matter of legal principle (Wright, 2013). The way that they
affect criminal prosecutions is that the courts will use these
terms to ensure fair treatment and also find alternate details for
legal proceedings.
Finally, provide a definition in your own words, for the legal
term, corpus delicti. Why does corpus delicti have to be proven
for there to be an effective criminal prosecution?
Corpus delicti is the facts of how a certain crime was
committed. Corpus delicti has to be proven in order to allow an
effective criminal prosecution because if a crime is committed
and the known cause of the crime is not completely true it will
lead to partial evidence. An example of this is the Casey
Anthony trial in which she was being tried for killing her
daughter and then covering it up for over a month. The
substantial evidence during this case didn’t provide all the facts
of when or how her daughter was killed, therefore, she was
released because the facts didn’t add up.
References:
Wright, R. (2013). Introduction to criminal law and procedure.
San Diego, CA: Bridgepoint Education, Inc.
felony. (n.d.) West's Encyclopedia of American Law, edition 2.
(2008). Retrieved April 14 2014 from http://legal-
dictionary.thefreedictionary.com/felony
misdemeanor. (n.d.) West's Encyclopedia of American Law,
edition 2. (2008). Retrieved April 14 2014 from http://legal-
dictionary.thefreedictionary.com/misdemeanor

4. Second Discussion Response From Kimberly Linker
After reviewing the information in your text and other relevant
information I have found that misdemeanors and felonies differ
in this way; misdemeanors are those crimes that warrant less
time regarding sentencing. Usually a sentenced individual guilty
of a misdemeanor is served in a county or local jail while some
are remanded in a house of detention. Misdemeanors have a
certain class ranging from A to E and vary in sentencing.
Regarding the procedure for one found guilty of committing a
felony, for them is a stiffer sentence is impose requiring a stay
of more than a year. For the most part due to housing and
overcrowding, one sentenced in this manner is transferred to a
state or federal penitentiary depending on the nature of the
crime. Like misdemeanors, felonies too vary in class with the
most severe sentencing being that of capital punishment
depending on the state the crime has been committed.
Regarding the phrase or terminology stare decisis, the cause and
effect of this entity in a criminal prosecution stems from one
having been given leniency if the courts do not stand or, abide
by a specific ruling in a case as recommended by legislative
statutes and the presiding judge. Without such clarity either the
defendant will have to seek remedy elsewhere or, the
prosecution well pleased with the outcome and having proved
their case based on judgment and verdict. "However, there is
another principle, the principle of generality, which requires all
judges to base their decisions on general norms and not just
leave them as freestanding particulars." (Waldron, 2012)
Where legal precedent is concerned and the affect it has on a
criminal prosecution, it's existence can be realized in the
neglect of its principle or passed on and taken into

5. consideration. With the example given, the initiating of one's
Miranda rights will help to establish a case where words utter
by the defendant can be used as evidence which is more than
enough to procure an conviction proving the prosecution’s case
if statement is harmful. However, this can only take place in the
occurrence of past incidences and how issues the likes of
confessions or hearsay has been manifested in other cases ruled
on courts of a higher echelon. "The compilation of legal
precedence has begun to tip the scale of equity in favor of a
powerless people." (Fisher, & Lisak, 2012)
Regarding a self-explanatory definition of the terminology
corpus delicti, I deem or considerate to mean the essence of
providing proof in the existence of a crime. This proof in most
cases must be concrete and substantial for the prosecution to
prove their case against a defendant rendering in a conviction.
In retrospect to proving their case, prosecution must have
evidence as this is the cornerstone of incrimination for the
accused. Without such evidence and if a perpetrator or alleged
individual has been charged and incarcerated with a pending
trial or one in progress, lack of such evidence can result in a
dismissal or acquittal based on evidence that is exculpatory.
References:
Fisher, C., & Lisak, E. (2012). TIPPING THE SCALE OF
EQUITY: POLICE ENTRY. Mustang Journal of Law and Legal
Studies, 3, 75-81. Retrieved from
http://search.proquest.com/docview/1248136793?accountid=325
21
Waldron, J. (2012). STARE DECISIS AND THE RULE OF
LAW: A LAYERED APPROACH. Michigan Law Review,
111(1), 1-31. Retrieved from
http://search.proquest.com/docview/1239561432?accountid=325

6. 21
Answer your designated question below. Be sure to support your
answer with scholarly sources and the text.
Respond to this question if your last name begins with the
letters A-L.
What is jurisdiction and how does it affect criminal
prosecution?
Can the type of crime determine jurisdiction for a court?
Distinguish between federal and state courts for criminal cases.
Respond to this question if your last name begins with the
letters M-Z.
Do the police always need a search warrant to conduct a legal
(admissible) search according to the Fourth Amendment? Fully
explain your answer.
List at least three exceptions to the warrant requirement and
give examples of each.
THIS ASSIGNMENT IS COMPLETED ABOVE, YOUR NEXT
ASSIGNMENT IS TO:
Respond to at least two of your classmates’ posts. One of your
responses must be a response to the question that you are not
required to answer in your initial response.
Remember; do not merely agree with your classmates without
additional information. A substantive response advances the
discussion in a meaningful way; merely agreeing with your
classmates is not a substantive response.
PROVIDE FEEDBACK ON TWO CLASSMATES POSTS. THE
LENGTH MUST BE 200 WORDS EACH POST. THERE ARE
TWO FEEDBACKS YOU MUST DO. MUST BE POSITIVE
FEEDBACK, PROPER GRAMMAR/SENTENCE STRUCTURE,
AND ANY OUTSIDE SOURCES YOU USE THAT RELATES

7. TO THE FEEDBACK FROM THE STUDENT MUST BE
PROPERLY CITED/SCHOLARY SOURCE.
First Discussion Response from Kevin Davis
Respond to this question if your last name begins with the
letters A-L.
What is jurisdiction and how does it affect criminal
prosecution?
Can the type of crime determine jurisdiction for a court?
Distinguish between federal and state courts for criminal cases?
Jurisdiction is defined as the right, power, or authority to
administer justice by hearing and determining controversies;
power; authority; control: to have military jurisdiction over the
occupied territories. It also explains the extent or range of
judicial, law-enforcement, or other authority: a case under the
jurisdiction of the local police and the territory over which
authority is exercised (Free Dictionary, 2014). Jurisdiction
describes the legal authority to hear a legal matter and make an
official ruling. Jurisdiction establishes where each trial will
take place. There are three factors to consider when deciding
which court will try the case: geographic location, type of
crime, and subject. When individuals are arrested by the police
they must decide who they will be tried by. The legal system
must first determine the location where the case will be tried.
The criminal justice system is made up of three separate
divisions: police enforcement, court system, and criminal
corrections.
Federal courts receive jurisdiction over bankruptcy appeals,
maritime-related cases, lawsuits between two individuals who
do not live in the same state, and other federal matters. Anytime
a case involves a federal issue, the federal court has the
authority to try that case. In some situations, both a federal and

8. state court may have valid jurisdiction claims, and the lawyer
who files the lawsuit chooses where the case will be heard. The
highest court in most states is the State Supreme Court, which
re-tries cases that have been appealed. Unlike other courts, they
have the power to refuse to hear any case brought before them.
This power, known as discretionary jurisdiction, means they can
either approve a case, or have it sent to an appellate that must
accept it (National Museum of Crime & Punishment, 2014).
References:
TheFreeDictionary (2014).
http://www.thefreedictionary.com/corpus+delicti
Wright, R. (2013). Introduction to Criminal Law and Procedure;
Published by Bridgepoint Education, Inc., 13500 Evening Creek
Drive North, Suite 600, San Diego, CA 92128.
(National Museum of Crime & Punishment,
2014).http://www.crimemuseum.org/crime-library/jurisdictions
Second Response from Andrew Sensel
Respond to this question if your last name begins with the
letters M-Z.
Do the police always need a search warrant to conduct a legal
(admissible) search according to the Fourth Amendment? Fully
explain your answer.
List at least three exceptions to the warrant requirement and
give examples of each.
Police do not always need a warrant to conduct a search of a
person or property. There are always extenuating circumstances
and precedence has been set for how police may use searches
without needing a warrant. One of the most used is search
incidental to arrest which is done part for officer safety and also
part to secure any possible concealed evidence or evidence
linked to another crime (Wright, 2013). For example, a search
of an individual who is arrested on traffic charges is searched
and CDS or paraphernalia is found on their person, that new
evidence of a crime can yield additional charges for the

9. individual. This is one of the most common warrantless
searches utilized by police. A consent search is conducted
when an individual gives permission for an officer to search
their person or property without a warrant, but it must follow
three requirements which are standing the person has authority
over the property), voluntary (consent is not coerced), and
knowing (was consent given knowingly) (Wright, 2013). This
search is often successfully used because according to Wright
(2013), many people are less likely to refuse a request for
consent to search and may not always realize that they can
refuse if the officer has no probable cause. Finally there is the
plain view or a plain touch doctrine which states that any
evidence seen in plain view or felt during pat searches is
admissible for further crimes only if the initial intrusion was
warranted or if its incrimination was apparent from touch or
view (MacIntosh, 1994). These are three examples of how a
search warrant may not always be necessary for police while
carrying out their normal duties.
Reference:
MacIntosh, S. M. (1994). Fourth amendment – The plain touch
exception to the warrant requirement. Journal of Criminal Law
& Criminology, 84(4), 743-743. Retrieved from the ProQuest
database.
Wright, R. (2013). Introduction to Criminal Law and Procedure.
San Diego, CA: Bridgepoint Education Inc..