Category: Law

The courts have one of the most important roles in the criminal justice system. They are responsible for the interpretation and application of law when crimes are committed, They exert some of their greatest influence when it involves due process under the law. The due process model argues that the greatest concern of the justice system should be providing fair and equitable treatment to those accused of crime. This perspective is demonstrated through the courts’ involvement with the police in controlling search and seizure and interrogation, protecting the rights of the accused, in cases like Miranda v. Arizona andWeeks v. United States. Have concerns over due process and protecting the “allegedly” innocent led to the guilty also being spared, as the crime control model would argue?

Criminologist Herbert Packer’s assembly line concept finds that although there are many people who commit crime and are arrested and charged, only about 21 adults are incarcerated for every 1000 serious crimes committed. Additionally, 80 percent of all felony cases and over 90 percent of misdemeanors are settled without trial.

On the other hand, over time, the Supreme Court has been diminishing the scope of the exclusionary rule. This normally excludes improperly obtained evidence by permitting more exceptions, thus allowing more “improperly obtained evidence” into court. For example, evidence is now admissible in court if the police officers acted in good faith by first obtaining court approval for their search, even if the warrant they received was deficient or faulty. This has come to be known as the good faith exception.

Based on your understanding from the readings in chapters 6-8, and keeping in mind the due process and crime control models, write a 2- to 3-page paper in which you discuss:

1. Have criminals been given too many rights by the courts?

2.Should courts be more concerned with the rights of victims or the rights of the offenders?

3.Have police been “handcuffed” by the courts and prevented from doing their job in the most efficient manner?

Use your textbook and at least two (2) quality resources in this assignment. Note: Wikipedia and similar websites do not qualify as quality resources.

The specific course learning outcomes associated with this assignment are: Explain the development of American courts and illustrate the concept of the dual-court system.

Distinguish between the various courtroom participants and describe the stages in a criminal

Grading for this assignment will be based on answer quality, logic/organization of the paper, and language and writing skills, using this rubric.

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Explore and explain each of the following items in your initial response:

1. Using critical thinking explain how crime analysis using GIS mapping technology may be applied to a crime of your choice e.g., serial serial rapist etc. In doing so, discuss at least one Crime-Mapping Strategy discussed in the literature and how you would use it.

2. Is crime mapping an effective tool in combating crime? Why? Describe how crime mapping can be used to support tactical operations.

Objective: CO2

Instructions: You must utilize APA 6th edition format in your response. Additionally you need to include at least one (1) referenced source. All responses need to be 500 words.

Research a government agency or an organization your are interested
in. Visit the agency or organization’s website. If a government
agency, what branch of government is involved (federal, state, county,
local). For example, if you are interested in a position at the Drug
Enforcement Agency you should know it is a federal job and is part of
the Department of Justice. You should also know the agency’s mission and
goals. You should know the name of the agency’s or organization’s
director. You should know of the special needs of the population the
agency/organization serves (gender, language and age). You should know
if the agency is facing any issues (constitutional, legal, social,
negative press, investigations, etc). You should perform a Google search
or query the local newspaper archives In order to become knowledgeable
about any issues the organization is facing or has faced in the past,
especially if they overcame an issue.

Supporting Lectures:

• Classical Criminology
• Positive Criminology

• What do the terms “disorganization” and “social control” mean, in the context of the structure of an inner city?
• How do the issues of employment and income disparity impact the individuals or families living in your city or neighborhood? Provide examples to support your stand.
• The debate between classical and positive theorists centers on the offender’s motivation for criminal behavior. Positivists believe the motivation for crime often arises in response to factors beyond the offender’s control. We often hear examples such as an unemployed person who turns to crime when there’s no other way to pay the rent. How often, though, is crime really about survival? Are people stealing in order to feed their kids, or is this a myth? Cite credible research in your response.
• Considering the conclusions you reached in the previous point, discuss the policy implications of your conclusion.

All questions are worth 20 points:

1. Can juveniles receive corporal punishment at schools? What legal issues are involved in the use of corporal punishment at schools?
2. Can juveniles waive their constitutional rights in the same way as adults do? What additional protections or safeguards are present in some state statutory laws regarding how a juvenile waivers his or her rights?
3. What is the predisposition report and what information does it contain? What are the three main disposition options available to the juvenile court judge? Why is each one of these options important?
4. What is blended sentencing? What are the five types of blended sentencing? What two factors distinguish the five types of blended sentencing from each other.
5. Define hate crime. What are the three distinct categories of extremist groups in America? Provide your thoughts on hate crime in America.

Each assignment is given equal weight out of 100 points.; each question is worth 20 points. If a question is not answered, no points will be received for that response. Each question is weighted equally.

Please post all answers as an attachment in a Microsoft Word
document or a Rich Text Format file. This assignment is due by Sunday at
11:59 p.m. EST.

1.

• Of all of the professions covered within Pollock’s textbook, attorneys and judges seem as if they would both be more likely to make unethical decisions on the job versus a police officer, corrections officer, or others covered in the text. This is due to what they have to do and go through on the job. Attorneys want to win cases. Sometimes they will do whatever it takes to win, whether it be ethical or not. This could be seen when the attorney is “withholding exculpatory evidence, misusing pretrial publicity, using peremptory challenges to exclude jurors, and using false evidence in court” (Pollock, 323). This has the potential to affect the defendant’s life and all others involved on the case as well. It can also put risk to their job if caught doing something that they should not be. Judges can sometimes let their feelings get in the way of sentencing someone in court. They may render a harsher sentencing than they should or give a lighter sentencing. If the case deals with a situation that involves something they have personally been through, it can affect them in a wrong way. They need to sentence based on the law and not their feelings. It can be hard for both to act impartial when the case may deal with something that is sensitive to them or that they hold a bias to. It makes them want to act out in what they believe is right versus what may actually be right. The Saint Leo University core value of integrity can be used to describe this situation. Both attorneys and judges need to have a good sense of integrity. They have to hold the law high and have good morals with the work they do. They are faced daily with making decisions that can be good or bad. They need to interact with people the right way and not let their feelings or actions in a case get in the way of doing what is right.

2.

• Courts recognize the privileged investigative techniques based on a particular test and specific facts. “In United States vs. Harley, the court addressed the issue of whether the privilege applied in revealing the location of a police surveillance post in a heroin distribution investigation. In Harley, an undercover detective drove to a house in an attempt to buy heroin. As the detective approached the house, the defendant cane down to the steps, walked up to the detective, and asked him what he wanted. The detective gave the defendant $50 for some heroin. The defendant went back to the house, went inside, came back to the detective, and gave him a small plastic bag containing white powder. Three law enforcement officers watched the transaction from a surveillance post. The officers at the surveillance post filmed the transaction with a zoom lens-equipped camera. The undercover detective returned to the station after the transaction. Investigators obtained a positive result from a field test on the white powder. During the cross-examination of the investigator who performed the field test, the defense asked the location of the apartment used for police surveillance. The trail court ruled that the location of the surveillance post did not have to be disclosed, stating that a defendant seeking to learn the location of a police surveillance post should ordinarily show that he needs the evidence to conduct his defense and that there are no adequate alternative means of getting at the same point. The degree of the handicap he establishes must then be weighed by the trial judge against the policies underlying the privilege.” (Qualified Privilege, n.d.)I was part of Vice and Narcotics for a year at my agency and performed undercover operations. There is a qualified privilege to protect sensitive investigative techniques in this line of work. It is important that confident informants identity a secret, even at the court hearing. It is also important to not reveal too much information on the investigative measure taken by an undercover detective due to counter measure being taken in the future to prevent Officer’s from infiltrating drug operations.

3.

Once you are convicted of a major crime (felony) you are sentenced to prison. Now let’s say that an eighteen year old boy, living in an impoverished neighborhood robes a grocery store. In the commission of this armed robbery he kills the store owner. The store owner is a married father of three small children. The subject is arrested, tried and convicted. He is sentenced to twenty years in prison. The boy now a man basically grew up in the prison system. What did he learn in prison, did he get an education, did he learn a trade, did he do anything to better himself while he was incarcerated that’s going to benefit him when and if he gets out of prison. If he did he might have a chance when he gets back into society, if he didn’t then he will more then likely become a repeat offender. After spending multiple years in prison you start to loose touch with the outside world. Some get out they cant read, cant vote, cant find someone who will give them a job. Its like never being able to get a second chance. You did your time, you payed for your crime but you are still being punished. People who are incarcerated at young age are very susceptible to becoming abused sexually and physically in prison. So now you have an angry person just released who cant get a job, possibly no place to live, friends and family have turned their back on him. How does this person make it on the outside. Their personal growth is non existent, unless they achieved some type personal grown while incarcerated. But lets not forget the grocery stores wife and three children what personal growth did they have.

Now look at the amount of money it takes to house and feed a person who has been convicted of a crime. All medical cost are the responsibility of the county of state. Tax payer funds are, if that person requires heart surgery the government must pay the cost, dental work, rehabilitation for any medical condition and depending on their religion special diets. Also you have tax payer dollars going toward new prisons and jails on top of the cost to run the facility. Not to mention the monetary and emotional cost the crime has put on the victim or his family. Society has to live in fear, when they go to the mall or a club, and even church the one place where you should always feel safe. Society has the burden of shouldering all the end results of crimes.

4.

• 1. Reflect on the Saint Leo Core Value of Personal Development. What impediments to personal development do criminal and immoral acts cause against individuals? After an individual commits a criminal or immoral act and he/she is sentenced to prison their personal development will be hindered due to the fact that while they are imprisoned access to education or tools that may better them or aid in the betterment of their community are not accessible.2. What impediments to personal development do criminal and immoral acts cause against societal development? Because individuals are a product of their environments societal development in communities are affected by criminal and immoral acts. Consider the amount of time and money that is spent on investigating criminal and immoral acts that take place in a under privileged neighborhood, this is a hindrance to social development due to the fact that the time and money that is being used could have been used on building up the neighborhood so that another individual in that neighborhood may have other options than just falling into the same trap of crime.

The news article has to have something to do with this week’s objectives:

Objectives

Upon completion of this week, you will be able to:

1. Describe the three traditional patrol methods and what the results of the Kansas City study revealed about their effectiveness.
2. Discuss the value of various patrol innovations, including evidence-based policing, predictive policing, and smart policing.
3. Discuss the issues and perspectives behind decisions on how to deploy personnel on patrol.
4. Explain alternative strategies in use to better combat certain types of crime.
5. Discuss the innovations to police detective operations motivated by the Rand study and other research.
6. Identify alternatives to retroactive investigation of past crimes by detectives.
7. Explain how crime analysis and information management benefits law enforcement, including examples of recent technology in this area.
8. Describe some of the proactive tactics employed by investigators.

Week 5 News and Media Review

Each assignment will consist of a posting of a relevant news article or media or story relating to the topics for the week. The students will upload the topic with a link to the article or story and discuss the relevancy to the readings. 300 word minimum. [LO 1-8]

Review the News and Media Review Rubric for grading guidelines.

You are an intelligence analyst for the Federal Bureau of Investigation (FBI) assigned to the Counterintelligence (CI) Division. You have been embedded on the Kartesia Country Team and are responsible for producing a counterintelligence assessment to forecast the potential counterintelligence threat posed by Kartesia.

For many years, Kartesia and the United States have been political and economic adversaries. Kartesia, which is led by an oppressive dictatorship, has long feared that the United States will initiate military action against it to topple the regime and institute a democratic form of government. Although Kartesia’s ability to engage the United States in traditional warfare is limited, it has a very well developed and sophisticated intelligence apparatus that it deploys in the United States, as well as against the U.S. presence within Kartesia in other third world countries. The Kartesia Intelligence Services (KIS) also heavily target antiregime elements in the United States, most of which exist within several large Kartesian émigré communities located throughout the country. Kartesia also has a long history of supporting other groups and countries that are hostile to the United States, including providing financial and logistical support to terrorist groups.

The U.S. intelligence community (USIC) has designated Kartesia a high-priority target, as is reflected in the National Intelligence Priorities Framework (NIPF). FBI resources dedicated to countering the intelligence activities of Kartesia in the United States are also in a position to fill these broader USIC requirements. One topic of particular concern to the USIC is whether Kartesia has a program to develop weapons of mass destruction (WMD), and if so, what its plans, capabilities, and intentions are.

For this assignment, you must write a paper of 1,000 or more words discussing how U.S. counterintelligence will be used to counter the potential threat from Kartesia.

Assignment Guidelines

• In a paper of 1,000 or more words, address the following:
  • What is the purpose of the National Intelligence Priorities Framework (NIPF)? Explain.
  • How do counterintelligence professionals utilize the NIPF? Explain.
  • How does the FBI Counterintelligence Division utilize the steps of the intelligence cycle to validate threats and initiate counterintelligence assessments? Explain.
    • Be sure to address each of the 6 phases of the intelligence cycle.
  • How will counterintelligence be used to counter the potential threat from Kartesia? Explain.
• Compile your responses in your final paper, and submit the file to your instructor.
• Be sure to reference all sources using APA style.

One
of the responsibilities of a Security Administrator is to create and
document policies that protect the organization and guide users to
making smart decisions. In this assignment you will build a handbook
that can be used for such a purpose. The NIST’s Special Publications
Website, a government operated Website, provides several documents for
you to review in order to see examples that may be helpful to start this
assignment (http://csrc.nist.gov/publications/PubsSPs.html).

Other helpful Websites for this assignment include:

• DISA.mil (http://iase.disa.mil/)
• TechRepublic (http://www.techrepublic.com/search?q=Security+Administrator+handbook&e=1)
• ACM (http://www.acm.org/search?SearchableText=security+administration)

Additional resources should be used when necessary. Write a thirteen to twenty (13-20) page Security Administrator’s handbook including
policies tailored to your work environment or for a business environment
with which you are familiar. You may select a fictitious name for your
organization for the purpose of this paper. Do not duplicate your
company’s existing handbook. Create your own unique work based on what
you have learned in this course. There will be two (2) major sections of
the handbook: Main Body and Policies.

Section 1: Main Body

In five to seven (5-7) pages total, develop the basic procedures and

guidelines that the organization must address to properly secure its

corporate network and information assets in the followings seven (7)

items:

1. Network Architecture and Security Considerations
2. Wireless Security
3. Remote Access Security
4. Laptop and Removable Media Security
5. Vulnerability and Penetration Testing
6. Physical Security
7. Guidelines for Reviewing and Changing Policies

Section 2: Policies
Develop the policies section of the handbook and include three to four
(3-4) pages for each policy in which you define the policies used by the
organization identifying the unique requirements of your industry. It
must include, at a minimum, the following four (4) security policies:

1. Acceptable Use Policy
2. Password Policy
3. Incident Response Policy
4. User Awareness and Training Policy

To organize your policies and to give your policies structure, follow this sequential format:

1. Policy Statement
2. Purpose
3. Objectives
4. Standards
5. Procedures and Guidelines
6. Responsibilities
7. Review and Change Management

• Use
  at least five (5) quality resources in this assignment. Note: Wikipedia
  and similar Websites do not qualify as quality resources.

Select one of the program evaluations available on the National Gang Center web page for review.

Then develop a short presentation the case. Your presentation should:

• Identify the program evaluation you selected.
• Describe the program’s approach, goals, and intended outcomes.
• Explain how outcomes were measured.
• Which of the theories identified in Chapter 3 does the program align with?
• Explain whether the program has been deemed effective.
  • If the program was deemed effective, what were the key elements that contributed?
  • If the program was not deemed effective, what key elements were missing?
• Evaluate the evidence on effectiveness and outcome measurement provided.
  • Is it evidence- or anecdotally-based?