Law and conviction Research Examination Paper

Law and conviction

Law and conviction

Order Instructions:

Need by 03/14/2016 4PM

•Address the following in 1,000–1,250 words: ?Read and brief the following cases: ¦Edwards v. South Carolina, 372 U.S. 229 (1963)
¦Adderley v. Florida, 385 U.S. 39 (1966)
¦U.S. v. Wise, 221 F.3d 140 (5th Cir. 2000)
¦U.S. v. Bailey, 444 U.S. 394 (1980)

?Your case brief should follow the format below: ¦Title: Title of the selected case
¦Facts: Summary of the events, court timeline, evidence, and so forth
¦Issues: Issues that were present in this case
¦Decisions: The court’s decision and the conclusion to the case
¦Reasoning: The rationale behind the final decision
¦Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised

?Define disorderly conduct. Explain why the protest of one group was upheld while the other was not.

Two angry students sent e-mails from Texas to government agencies, such as the FBI in California, U.S. Customs in New York, the ATF, the Secret Service, and the Correspondence Office of the President. The e-mails contained threats to blow up a building in protest over U.S. involvement in several controversial international issues. The students were arrested and charged with threats to use weapons of mass destruction. A search of the students’ homes and dormitories did not reveal any bomb making materials.
•Will the government be successful and obtain a conviction? Explain your answer.

Inmate Grady was working during his shift on the landscape detail at a very large camp with no fences. He and some other prisoners had hidden some homemade moonshine under a rock. Inmate Grady drank the little bit of moonshine that was left. During inmate count, Officer Giles discovers that inmate Grady is missing. A search ensues, and the officers find inmate Grady down the street from the camp asleep under a tree. Inmate Grady argues that he got drunk and lost and could not find his way back to the dormitory.
•What charges can be brought against inmate Grady? Explain in detail.

SAMPLE ANSWER

Title

In this paper, the case by the title United States v. Bailey 444 U.S. 394 (1980) will be addressed by exploring more information such as the facts, decisions, and opinions concerning the case (Swaim, 2014). The respondents, in this case, were indicted for having escaped the jail in District of Columbia thus violating 18 U.S.C. 751 (a).

Summary of the events, court timeline, evidence,

The law is used in governing of escape from the prisons commonly known as the federal custody. The respondents, in this case, were the walker, Cooley, and Bailey (Swaim, 2014). They had crawled out of the federal prisons and escaped through the window. The three respondents had been at large for about three months after escaping the prison but were recaptured and charged with the violation of the law. The respondents gave some of their reasons as to why they had escaped the hospital by highlighting horrible living conditions, threats of murder or beatings and also frequent cases of fires as some of the major reasons (Yu, 2014). The evidence provided by the defendants in the case proves that there were instances where the prisoners were beaten and threatened with death. The prison conditions are said to have adduced duress. The jury of instructions of the duress was not submitted to the trial court. The convictions were thus reversed by the court of appeal due to improper preclusion of the considered respondent’s juries. Adducing the evidence to the prison’s events and conditions made them give reasons that necessitated their escape (Swaim, 2014).

Issues

The main issue, in this case, was whether there was enough evidence that could be used for constituting duress during the submission of the jury. The trial court had demanded that the defendants provide sufficient proof that they were ready to surrender as an attempt. The attempt to surrender is said to be after escaping and freeing themselves from the described conditions. The court held that the prisoners were indicted for escaping the prison and not the failure to surrender after fleeing themselves from custody (Webb, 2014). Escaping from the federal custody was the issue presented as it’s an offense to leave and fail to come back after initial departure from prison.

Decision and conclusion to the case

There were decisions made and ruling that was given by the court after the presentation of the issues concerning the case between United States v. Bailey (Webb, 2014). The criminal conduct was excused by the duress as the actor was under threat of imminent death which is unlawful in nature. The risk of getting serious bodily harm and other reasons led them to violate the literal terms as per the criminal law. The court of appeal decision and ruling was reversed on the basis that the respondents failed to submit enough evidence required by the court. The defenses necessary to the juries and also the duress did not meet the sufficient evidence to support themselves fully (Braithewaite, 2013). The proper instruction of the juries had occurred during the ruling of the court on the case.

The rationale behind the final decision

When the respondents had failed to provide the sufficient evidence required in court to rule the case in their favor. By the law, the court decided that the defense had failed to provide the necessary information as support for the duress. The failure of the defense to come back to the prison could not be seen as the inability to claim the necessity for escape entirely (Braithewaite, 2013). They could have avoided returning to the prisons so as not to undergo the same atrocities they had faced previously. The failure to return was to be investigated and decided by the jury. The convictions were reversed by the appellate court. The jury considerations of the evidence provided by the respondent had been precluded improperly.

Dissenting opinions

The modern cases in court usually blur the line between necessity and duress. When one acts under some conditions that cannot be tolerated or threats, one can claim duress of the act they commit leading to the violation of the law (Braithewaite, 2013). The act or criminal action may have prevented more harm and serious implications that necessitate the one to go ahead and do some actions due to inability to cope or resist. The defense of the duress failed when there was a better alternative to undertaking rather than commit the crime while trying to escape threatened harm. In this case, breaking the law should not be used as the defense for the criminal actions. In the case of the USA vs. Bailey, the defense is supposed to offer the initial defense for escaping (Swaim, 2014). When the initial duress element is subsided, more sufficient and present evidence have to be provided again.

Title Edwards vs. South Calorina(1963)

Facts

In this case, which occurred in the South Carolina of USA, there were protest demonstrations by the African-Americans. The protests were against the government offices by compelling them to end discriminations and fully restore the citizens’ privileges(Webb,2014). The protestors were 187 in number while the case was handled by the Supreme Court, 1963, 2011.

Issues

Breach of peace was the charge imposed on the protestors after the incident had occurred. Based on the 14 amendments to the law process, they went on to appeal the conviction imposed on them (Swaim, 2014). The defendants believe that the court does not have sufficient evidence to convict them of breach of peace.

Decision

The initial trial in the court led conviction of the participants in the protests where they also attracted some sentence. The convicted faced up to $100 fine for 30 days or $10 penalty fines in 5 days. The convictions were however reversed Mr. Stewarts, who like the appeal judge for the case (Swaim, 2014). Mr. Justice thus had a dissenting opinion regarding the reversed convictions.

Reasoning

The basis of convictions as the original charges leveled against the protestors which are the breach of peace. Judge Stewart made a review of some 17 cases to make the decision. He came up with the ruling that the charge did not warrant a conviction due to insufficient evidence (Webb, 2014). In this case, the prosecution lacked enough evidence to support the conviction.

Dissenting opinions

Justice Clark gave a dissenting opinion based on that the government offices were in session, and also the city manager took the action of arresting the protestors to avoid the unnecessary chaos. In this case, Justice Clark affirmed the convictions. He was of the opinion that rage would be evoked on the citizens once the riots were uncontrollable.

Title Wise Vs USA (2000)

Facts

In this case, John Cain reported a case to the FBI by his member’s actions within the Texas Republic. Cain prepared some evidence of the terrorist behavior since March-July 1998.The compiled evidence included the threat to harm others, developing threats to the government through emails by Oliver Dean Emigh and also Johnie Wise.

Issues

Sending of the threatening messages which occurred through emails is the main issues in this case. The emails were then sent to the government officials. Cain as able to direct the FBI to the prepared plan by Wise (Yu, 2014).The decision by Wise regarding the threatening messages was reported to Sharkey, the agent. The involvement of the agent occurred when the action plans by Wise to hurt somebody was reported to him.

Decisions

Counts 5 and 6 were used in the conviction of Grebe and Wise during the original trial. Emigh was acquitted on all counts that were leveled against him during the case (Braithewaite, 2013). Wise was of the thought that the court had insufficient evidence to carry on with the conviction. Wise appealed as he believed that the court was provided with inappropriate instructions. The poor conduct by the case prosecutor was the main basis of argument.

Reasoning

The court of appeal agrees and credits the evidence as enough to convict Grebe and Wise (Yu,2014). The Conspiracy to commit crimes against the government of USA was the charge.

Dissenting opinion

The case had no dissenting opinions presented during all its stages.

Title Florida (USA) vs. Adderley

In this case, 32 students were arrested and convictions leveled against based on the charge, trespass with mischievous intent (Yu, 2014). The protest had occurred outside the government custody in Florida.

Issues

The main issues raised in this case were right to petition, fourteenth amendment and also freedom of assembly. The issues were the due process as the freedom of speech factors was also raised.

Decisions

The law interpretation and enforcement statue in the statue provided the court with sufficient evidence to prove the defendants guilty of their charges(Braithewaite,2013). The court was thus convicted Adderly and other 31 students. Judge Black upheld the convictions by the court during the appeal process.

Reasoning

The Edwards vs USA case was referenced by Adderley during the petition on the basis of protests. However, the basis of arrest for the both cases was not similar in nature to the breach of peace and trespass laws differ significantly (Swaim, 2014). The protests, in this case, did not involve the public property as compared to the referenced case. Adderley thus had insufficient reasons to win during the petition.

Dissenting opinions

Judges Fortes and Douglas gave their dissenting opinions that the convictions were unjust (Braithewaite, 2013). They justified the protest by regarding the jail property as common ground to trigger the actions by the students.

The disorderly act will constitute of the unruly acts that attract the criminal charges depending on the law statues of a given state or country (Larkin, 2013). Behaving in a disruptive manner could lead to charges regarded as disorderly conduct. The interpretation of the disorderly act makes the court determine whether to uphold the protests of one group or another. The type of evidence provided that is beyond any reasonable doubt could be used in setting up a group if found to have violated any law (Braithewaite, 2013). In this case, the determination of the extent of violations and reasons for protests makes one group to be upheld and the other not.

Sufficiency of evidence could be used by the government to convict the two students with the bomb threats. In the case where the weapon is not found, the witness credibility could depend upon during the conviction of the students in questions. If the witness is by any chance believed, the defendant could in such a case be convicted. It will not be easy for the government to convict the students as the prosecution bears a big burden to proof that the students are guilty (Swaim, 2014). The students can only be found to be guilty if the evidence is presented to the jury. The prosecution is only relying on the email to convict the students and bind them in the trial court. In this case, the government might only be successful to convict the students if there is sufficient evidence beyond any reasonable doubt.

More punishment can be handed to a prisoner who is found to have taken alcohol. The correctional facility has to confirm if he is guilty. It was a capital punishment when the inmate was found to have been drunk. The prisoner could be convicted in a court of law as it is illegal to be found in possession of products such as alcohol (Larkin,2013). The sufficient evidence will be used to convict the inmate where a punishment will be levied on him. Confinement is one of the punishments that the inmate will face and also forfeiture of benefits and allowances might also come his way.

References

Braithwaite, J. (2013). Inequality, Crime and Public Policy (Routledge Revivals). Routledge.

Larkin Jr, P. J. (2013). Stops and Frisks, Race, and the Constitution. Geo. Wash. L. Rev., 82, 1.

Swaim, J. A. (2014). Bailey v. United States: the Supreme Court’s Futile Attempt at Setting Boundaries around a Borderless Rule. Loy. L. Rev., 60, 355.

Webb, E. B. (2014). Aiding and Abetting Section 924 (C) Offenses: An Analysis of Rosemond v. United States’ Withdrawal Rule. Geo. Mason L. Rev., 22, 1.

Yu, B. (2014). Criminal Ambiguity: Redefining the Clean Water Act’s Mens Rea Requirements. Seton Hall Cir. Rev., 11, 327.

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Capital punishment argument Assignment

Capital punishment argument

Order Instructions:

These questions need to be answered for the paper please.

1- Statement of the issue – one or two sentences.
2- Review of the authors arguments – one or two paragraphs stating at least three major points made by each author.
3- Comparison of arguments – at least one paragraph contrasting what each author had to say.
4 – Your opinion – at least one paragraph explaining either
a) why you agree with one of another, or
b)why you disagree with all the authors.
5- Discussion Question – an open ended question that you derive from the readings.

This is the textbook name just in case you need to know or if you want to quote anything. “The Enduring Debate (Norton, 2014)

SAMPLE ANSWER

Statement of the Issue

Constitution interpretation is done in the old fashioned way as evident where the court came to a controversial decision in the Roper Case, proving to be the statement of the issue (Canon, Colenman & Mayer, 2014). This case happened on the ground where one person is defending the opinion on the ground that people ought not to be subjected to greater punishment like; capital punishment.

Authors Arguments

Antonin Scalia doesn’t think that the Constitution should be interpreted in a strict manner or either sloppily. It should be interpreted in a more reasonable manner. Many of the interpreters do not deserve the description strickt and he believes that the text is given the meaning it had if it is well adopted in the right manner. In the modern position, this happens to be opposite as questions are asked as though it is some affliction that seizes people (Canon, Colenman & Mayer, 2014). According to the author, when a constitution changes, it doesn’t need to be given an expansive meaning, rather it is given whatever meaning is needed so as to make it simpler to be changed when future necessities arise. John Marshall explained that we have to know that it is the constitution we are expounding, thus, it has to be given an expansive meaning. The reason behind all this is to help accommodate events that a person is familiar with and which will happen in the future.

Comparison of Authors Arguments

Antonin Scalia talked about how the constitution is a big difference that one could not lie about it. There is no need for a lawyer to make a person understand it (Canon, Colenman & Mayer, 2014). The constitution is a living morph and a person can’t contrast it that first. John Marshall talks of ways that the constitutions use to guarantee the right to represent by counsel and this did not mean that the state had all the mandate of paying for the counsel as the Antonin Scalia stated. John Marshall stated that the constitution has a process named the due process and it mostly states that no person can be deprived off his life only where then law is involved in the whole process. However, Antonin Scalia contradicts this statement by saying that a person can lose everything in the court as his life, liberty and property are not guaranteed in any way.

Own Opinion

It is prudent to agree with the first author as he wanted the constitution to be interpreted in a more reasonable manner. Increased sentences in the court as mentioned by John Marshall meant that it didn’t have all the many trials, and this act violated the right to trial by jury (Canon, Colenman & Mayer, 2014). A person will definitely disagree with Black’s opinion that stated that the lesser are, better off than we are. On the other side, Burton argued that designed to court and the districts courts are designed to work as the school board and have the capacity to formulate the program for desegregation. It is right to disagree with the political scientist named Robert Dahl, who viewed the court as a powerless tool that can affect the course of national policy.

Discussion

It is next to impossible to beat somebody with nobody. Such a phrase is categorized as the principle of legal interpretation, which require to be well considered. Increased emphasis which tends to be upon included the people’s rights and any active powers are highly valued. In most cases, increased emphasis leads to a better constitutional law that helps in the promotion of governmental solutions. The solutions are consistent with individual dignity and all community needs.

References

Canon, D., Colenman, J., & Mayer, Kenneth. (2014). “The Enduring Debate. Retrieved from http://books.wwnorton.com/books/webad.aspx?id=4294975553 on 8^th February 2016

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Criminal Justice System and Biblical Perspective

Criminal Justice System and Biblical Perspective Order Instructions: “Competing for perspectives” in the criminal justice system are discussed, including certain “Biblical Perspectives,” one of which is restorative justice.

Restorative justice focuses on restoring the victim by making the offender compensate the victim for the wrong and adding some punishment. Numbers 5:6–7 highlights this principle very well. “Say to the Israelites: ‘When a man or woman wrongs another in any way[a]and so is unfaithful to the Lord, that person is guilty and must confess the sin he has committed. He must make full restitution for his wrong, add one fifth to it and give it all to the person he has wronged” (NIV1984). There is also a secondary emphasis on reintegrating offenders back into society.

The topic of this course is the Criminal Procedure. By nature, criminal procedure is “rights-based.” This is because much of the law comes from the Constitution, which was drafted to enumerate the powers of government. This limits government behavior to only those listed powers, but the Constitution also clearly lays out some rights (but not all) of states and citizens, particularly certain criminal procedure rights. As such, it can be said that criminal procedure focuses on the offender’s rights and government behavior.

Write a 275-word discussion forum on the following:

Based on your practical and educational experience, what is the focus of the criminal justice system, restorative justice, or criminal rights? Give specific examples.

Can these seemingly competing perspectives be better harmonized? Provide at least 1 reference and 1 scripture to support your answer.

Criminal Justice System and Biblical Perspective Sample Answer

There are varied competing perspectives in criminal justice system aimed at crime deterrence (Zehr, 2014). For instance, there three main approaches that can be adopted in a criminal procedure such as the criminal justice system, restorative justice, or criminal rights (Van Ness, 2013). In the criminal justice system process, the crime committed by the offender is deemed to be an act against the State, which is, violating a law or an abstract idea (Zehr, 2014). As a result, through this retributive criminal justice system perspective, the crime is controlled by the criminal justice system whereby the accountability of offenders is defined through the punishment they take. According to Zehr (2014) in this approach, there is no reconciliation between the offender and victim because the punishment is believed to be effective in deterring crimes through behavioral change. A good example is the conviction of an individual on public funds embezzlement or corruption, which through this approach the offender is only jailed or fined while the victim or community do no recover the embezzled funds.

Alternatively, restorative justice focuses on the needs of the victims or involved the community and the offenders rather than punishing of the offender or satisfying abstract legal principles (Vanfraechem, 2012; Woolpert, 2015). As a result, restorative justice offers an alternative to a criminal trial to ensure that all parties to the crime are central to solving the issue. The principle of restorative justice is highlighted in (1 Cor. 5:1-8 and Matt. 18: 15-18) where the punishment of offenders in a church is accomplished through hi/her excommunication, whereby the offender is expelled by the church from its fellowship whom may eventually repent and be united to the church. For example, a church member who steals is excommunicated but upon returning the stolen money/property and repenting is accepted back to church.

Furthermore, criminal rights must also can be considered in a criminal procedure based on the bill of rights since most laws are entrenched in the Constitution which enumerates the powers of governments while also specifying the limits of those powers and government behavior. As a result, criminal procedure focuses on government behavior and offender’s rights. A specific example is that an offender cannot continue to be held in cells for a billable crime and also every offender has the right to be represented by a lawyer (Zehr, 2014). These competing perspectives can be harmonized and are important in crime prevention/deterrence, intervention as well as breaking the cycle of crime through appropriate considerations of the State laws, punishment, and individual and social dimensions responsibility of crime in disrupting good relationships as well as community harmony.

Criminal Justice System and Biblical Perspective References

Vanfraechem, I. et al. (Ed.) (2012). Restorative Justice Realities. Empirical Research in a European context. Leuven, Belgium: eleven international publishing.

Van Ness, D.W. (2013). Restorative justice. In B. Galaway, & J. Hudson (Eds.), Criminal justice, restitution, and reconciliation. New York: Willow Tree Press, Inc.

Woolpert, S. (2015). Victim-offender reconciliation programs. In K.G. Duffy, et al. (Eds.), Community mediation: A handbook for practitioners and researchers. New York: The Guilford Press.

Zehr, H. (2014). Changing lenses: A new focus for crime and justice. Waterloo, Ontario: Herald Press.

To Torture or Not To Torture Assignment

To Torture or Not To Torture

Order Instructions:

INSTRUCTIONS

To Torture or Not to Torture

Note: In order to fulfill this assignment, you need to have read chapters 5–7, 14 from the Holmes text.

Ethics Approaching Moral Decisions.

ISDN 978-0-8308-2803-6

Note: In order to fulfill this assignment, you need to have read the Group Discussion Board Forum 2 Instructions and the following chapters from Holmes: chs. 4–7, 14. If you have not done so, please stop and read that material.

For your thread, post an answer to the question:

“Should they torture the prisoner?” employing the two points below. Remember your initial thread must be a minimum of 350 words:

From your understanding of Holmes’ discussions, explain how each of the following theories might answer the question: utilitarianism, Kantian duty-based ethics, virtue ethics, and Christian-principle based ethics.
Select the theory you think is the appropriate one to take in this case and explain why.

Any quotes from sources must be cited and will not count towards your word count.

SAMPLE ANSWER

To Torture or Not to Torture

To start, many people will agree that this subject is considerably delicate for exploration. Regardless of if morally justified or necessary, torture has never been too easy for there to be a solid answer. Always, values play a cardinal role when it comes to debates like this one. This can be explored from four perspectives; virtue ethics, utilitarianism perspective, Christian-principle based ethical perspective, and Kantian duty-based ethics.

If looking at torture from the utilitarian perspective, this would involve assessing the various torture issues and determining if they fit their right or good’s description. For example, if torturing a minute group of individuals would save thousands or hundreds of others, then a utilitarian would consider this to be a good thing as opposed to torture. Therefore, whenever cases arise where some people are needed to be tortured so that many others can be saved, a utilitarian would permit it (Shute, 2013). On the other hand, the Kantian duty-based ethics can basically assess if someone is fulfilling the duties from the higher command. There would be no consideration of if the person was made to feel bad, so long as the duties got fulfilled, and that was the proper thing to do.

It is worth pointing out that the virtue ethics adopts an approach that is very similar to the Kantian duty-based ethics (Shute, 2013). Nonetheless, there is a keener focus on the feelings of the person, as opposed to the motives. Following the virtue ethics approach, one would normally enjoy them while torturing is going on, and it is believed that this is meant for personal gain (Park, 2014). Therefore, in case a person is carrying out the torture based on the love he or she has for the culture or country, then such a person is justified.

Following the Christian-principle ethical point-of-view, the torture subject is situational. All Christians are required to adhere to the principles of honoring God as well as sharing His love and care for all humanity and other creatures. Therefore, torturing is not precisely the way someone should use to describe love from the Christian perspective. In the bible, issues like killing for self-defense have been mentioned, but none of these issues ever brought up torture. However, sometimes, God utilizes torture without even being aware about it (Holmes, 1984).

I would assert that the Christian-principle based ethics is the most appropriate theory. I have a strong feeling that all people have a call and obligation of leading Christian lives. Moreover, torture can never be the answer. According to the biblical teachings and instructions, people are called to lead based on the standards set by God, and according to the path that Jesus laid as an example (Allan, 2013). Rather than torturing prisoners, regardless of whether information is being sought from them or not, other ways can be used such as demonstrating the great love God has for them. This might make them guilty and later they may reveal whatever information is being sought. There are many ways through which love can be demonstrated. Therefore, torture is never an option. It is also worth pointing out that this topic is very sensitive, and therefore, there is a great need to handle it with a lot of caution.

Reference

Allan, A. (2013). Ethics in Correctional and Forensic Psychology: Getting the Balance Right. Australian Psychologist, 48, 1, 47-56.

Holmes, A. F. (1984). Ethics, approaching moral decisions. Downers Grove, Ill., U.S.A: InterVarsity Press.

Park, R. (2014). The reappeared: Argentine former political prisoners.

Shute, S. (2013). On The Outside Looking In: Reflections on the Role of Inspection in Driving Up Quality in the Criminal Justice System. The Modern Law Review, 76, 3, 494-528.

To Torture or Not to Torture

Reference

Allan, A. (2013). Ethics in Correctional and Forensic Psychology: Getting the Balance Right. Australian Psychologist, 48, 1, 47-56.

Holmes, A. F. (1984). Ethics, approaching moral decisions. Downers Grove, Ill., U.S.A: InterVarsity Press.

Park, R. (2014). The reappeared: Argentine former political prisoners.

Shute, S. (2013). On The Outside Looking In: Reflections on the Role of Inspection in Driving Up Quality in the Criminal Justice System. The Modern Law Review, 76, 3, 494-528.

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Nursing;Medical sociology Assignment

Nursing;Medical sociology

Order Instructions:

Final Project. A maximum eight (8) page final paper/report shall be turned in by each group spokespersons. Use of charts and tables are strongly encouraged in the appendix and not in the body of the paper/report. Please keep in mind a source (citation and reference) is required on each table/chart used. All sentences with quotes or numbers need citations with page numbers. Groups are free to use the text book as a source but should not rely on the text book exclusively. The text book is merely a good starting point for additional ideas and resources.

Topic: 1st Amendments provides freedom of religion. It forbids Congress from both promoting one religion over others and also restricting an individual’s religious practices. It is actually quite different in this case because “the courts have noticed that some beliefs may simply be too crazy to qualify for protection (Morrison E, p132).”

The textbook reference is below:

Morrison, E. (2014). Health care ethics: Critical issues for the 21st century (3rd ed.). Burlington, MA: Jones & Bartlett Learning.

Each paper shall include the following format. These 6 sections are required to be in the paper submitted or points will be deducted: (1) Title page (including Group#, member names and student ID’#s); (2) Introduction (introducing the chapter issue in globally then nationally); (3) Methods (what sources were used to secure the information used in the paper (i.e., Pub Med, Medline, etc., – do not use internet sites without advance authorization by faculty unless they are government, educational or organizations); (4) Results (this is where you state your findings on the chapter issue both pro and con); (5) Discussion (this is where you explain the ethical implications of your findings/results); (6) Conclusions & Recommendations (this is where your group can chose a position, advocate a middle ground, or deem more research is necessary at this time.
APA Style in-text citations are required in sections 2, 4 and 5 at a minimum!

Data and Sources. All data (facts and figures/statistics) shall be cited and referenced appropriately. References and in text citations shall use APA Style format. All writing shall be by the students. No cutting and pasting of text from any source is allowed. That constitutes plagiarism. For those students that need help with proper APA in text citation and references, please see the following link: http://owl.english.purdue.edu/owl/. Additional APA Style links and documents will be posted on the Class online site. Also, see www.refworks.com – this source is available free to FIU students and will assist you in formatting references properly in APA and other formats.
Grading Rubric: In order to receive full points the group final submission shall: (1) Contain the 6 required section titles with the appropriate substantive information in each section (2) make sure to cite and reference sources for sentence, statement, statistic and quote used in the paper (3) the narrative shall be in the students own words (4) the paper shall be clear and concise while making sure that each section content requirement has been fully addressed (5) Include proper APA Style in text citation(s) to the text book, articles and other sources used (6) include proper APA references for citations used – at the end of the paper.

SAMPLE ANSWER

Looking at the organizational perspective in the aspect of religion, healthcare organizations ought not to be biased by a certain religion in providing healthcare to patients. The religion a patient belongs to be should not be the factor upon which the quantity of health care to is delivered to him or she should be measured. In fact, all patients that belong to different religions ought to be provided with the same quality of health care without bias or any discrimination. An organization ought to follow the ethical code of conduct that dictates how the staff treats the patients thus acting in a professional way. Therefore, the organization has to act in a way that it accepts all patients regardless of how they relate religiously.

On the other side, the individuals tend to be in fact the most affected when it comes to conducting themselves in an ethical way. When a patient comes is treated in some medical condition. The nurse or doctor ought to do so without including their religious thought to the treatment Process. This can severely affect the treatment process and lead to the patient not receiving the type of quality care that they ought to have received. The 1^st amendment has given people the freedom of religion. In that context, an individual ought not to be judged in a negative way regarding the kind of religion one chooses to follow. Therefore, this should not be a factor that should affect the way that professionals who provide care delivers healthcare

There has been quite a debate on the degree to which religion affects the quality of health care provided to some patients. It considered illegal to treat a patient an inappropriate way due to their choice of religion. It is also considered unethical to the same to the patient. Therefore, it is quite unprofessional to let your religious views or perception about a certain religion affect the quality of work outputted by a certain individual. Health care professionals are therefore guided by the ethical code in conduct to aid them on deciding when or when not their beliefs have any effect on their choices, especially in their work environment.

Most of the time, individuals tend to attach their knowledge of wrong or right to their religion. In this context, most religions have different fundamentals that guide individuals to choose what is wrong and what is right. Therefore, in nursing practice, there are some practices that are considered wrong according to the basis of an individual’s religion. Once a situation like this occurs, the quality of care offered by the health care professional will be biased in a certain direction. Therefore, the individual ought to disregard his or her religious views when the life or health of the patient is at stake. If the nurse opts to let his or her, views come in the way of her professional work. He or she might not act in an ethical manner and thus act unprofessionally. Therefore, the nurse is subject to legal action once the quality of care is undermined due to some bias that comes from the religious aspect of life.

Conclusion

In a nutshell, religion is a very delicate matter. In essence, religion is significant in almost all aspects of the organizational conduct and ethical code of conduct. Its significance is in the way it can affect how people react, think and make decisions regarding certain matters in life. Hence, religion can be considered to be very crucial to the behavior of human beings. In fact, it is very crucial to all human beings, and it is what brings order to the world. Without religion, there would be no order in the world. Hence, religion should be respected. This includes the diversity of it and how it relates to each situation in the real world.

References

Cockerham, W. C. (2014). Medical sociology. John Wiley & Sons, Ltd.

Davis, G. S. (2012). Believing and acting: the pragmatic turn in comparative religion and ethics. Oxford University Press.

Finkelman, A., & Kenner, C. (2014). Professional nursing concepts. Jones & Bartlett Publishers.

Koenig, H., King, D., & Carson, V. B. (2012). Handbook of religion and health. Oxford university press.

Morrison, E. E. (2015). Ethics in health administration. Jones & Bartlett Publishers.

Schweiker, W. (2013). Religion and Global Ethics. The International Encyclopedia of Ethics.

Shi, L., & Singh, D. A. (2014). Delivering health care in America. Jones & Bartlett Learning.

Thornton, P. H., Ocasio, W., & Lounsbury, M. (2012). The institutional logics perspective. John Wiley & Sons, Inc..

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Ethics in Criminal Justice Assignment Paper

Ethics in Criminal Justice

In 2 pages Briefly discuss and provide specific examples of the three (3) broad categories of deterministic “forces” that can limit free will and, perhaps,

responsibility for criminal acts.
2. Briefly discuss the ways in which the cases of Susan Smith and Andrea Yates illustrate the debate concerning free will, determinism, and moral/legal
responsibility.
3. Briefly discuss the implications of the debate between free will and determinism for treatment, punishment, and policy within criminal justice.
(PART II: CASE STUDY 3 pages)
Review the following videos that you viewed in the Lecture Notes.
• “Christian-Newsom Killers Get New Trial over Judges Past Drug Use?”
• “Richard Baumgartner guilty on 5 of 6 federal charges”
• “Judge Baumgartner critical of federal authorities- “they think they are above God”
• Defendants in the Christian/Newsom murders are granted new trials.
• The Tennessee Supreme Court overturns new trial rulings in Christian-Newsom murders.
• Notwithstanding Baumgartner’s mental competency, hypocrisy, or lack of morals.
• Baumgartner has his attorney quash a (6/3/2011) subpoena, so he does not have to show up in court.
• Baumgartner’s alleged mistress was in the court supervised program.
Complete the following tasks:
Watch the videos and read the news articles regarding this Judge who was addicted to drugs while presiding over a horrific murder trial of two innocent lives
and the sentencing of four defendants. Based on your research and the information contained in these videos, write a case study/research paper being sure to
address the questions below and include additional information you feel is relevant and will add value to your submission. Remember to include correct APA
format with a cover page, reference page, and in text citations

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Should prisons focus more on rehabilitation instead of retribution

Order Instructions:

Select a topic on which your persuasive writing paper will be focused.
Write a one to two (1-2) page research proposal in which you:
1. Identify the topic you selected and explain two (2) reasons for using it.
2. Include a defensible, relevant thesis statement in the first paragraph.
3. Describe three (3) major characteristics of your audience (official position, decision-making power, current view on topic, other important characteristic).
4. Describe the paper’s scope and outline the major sections.
5. Identify and explain the questions to be answered.
6. Explain your research plan, including the methods of researching and organizing research.
7. Document at least three (3) primary sources and three (3) secondary sources. Use credible, academic sources available through Strayer University’s Resource Center. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting guidelines:
• Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. Check with your professor for any additional instructions.
• Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required page length.
The specific course learning outcomes associated with this assignment are:
• Recognize the elements and correct use of a thesis statement.
• Write a research proposal that states the claim and scope of the research project.
• Outline the main sections of the research project.
• Devise an ordered research plan to obtain appropriate resources.
• Write clearly and concisely about selected topics using proper writing mechanics.
• Use technology and information resources to research selected issues for this course.
Click here to view the grading rubric for this assignment.

SAMPLE ANSWER

Should prisons focus more on rehabilitation instead of retribution

The research will focus on investigating whether prisons should shift their focus more from punishing prisoners to rehabilitating them instead. The reasons for selecting this topic are as follows: first, over 70% of prisoners re-offend within a period of just 3 years after they have left jail, usually with a more serious and cruel crime (Kane, 2013). Secondly, over 90% of prisoners go back to the community after just a few years and therefore it is crucial how they are treated whilst they are imprisoned (Opperman, 2014). Thesis statement: prisons should focus more on rehabilitating the inmates rather than focusing more on punishing them.

The main characteristics of my audience include the following: (i) political leaders in the United States – they can make laws and legislations which mandate prison facilities to rehabilitate inmates instead of punishing them. (ii) Prison leadership and officials: these are the individuals who run prison facilities across the country. While some are government employees running federal or state prisons, others are actually business people who operate private prisons. (iii) Current viewpoints on the subject/topic: while some members of the audience are in support of rehabilitating convicts instead of punishing them, some audience members think that prisoners should be punished for their deeds, not rehabilitated. At the moment, heads of prison facilities in the country are generally more in support of punishment and not rehabilitation of convicts. Many of these officials maintain that it is not possible to rehabilitate some inmates for instance serious criminals like child molesters, rapists, and serial killers. They believe that criminals should go to prison to be punished and that if they are taken to prison for rehabilitation, then the facility would not be a prison anymore, but a rehabilitation centre (Lawson, 2015). According to prison officials, offenders have to be punished and prisons serve this purpose of punishing them.

Regarding the scope of the paper, the research paper would be inclined toward supporting the view that prisons should focus more on rehabilitating convicts and not focus more on punishing them for their deeds. Even so, arguments from various parties against rehabilitating convicts and which support punishing them would also be presented objectively. The main sections of the research paper are as follows:

1.0 Introduction,

2.0 Significance of Research

3.0 Review of Literature

4.0 Research question and objective

5.0 Research methodology

6.0 Results and discussion

6.1 Views that prisons should focus more on rehabilitating prisoners rather than punishing them

6.2 Views that prisons should focus more on punishing convicts rather than rehabilitating them

7.0 Conclusion.

In the proposed research, the following research question would be answered?

Should prisons focus more on rehabilitation of convicts than retribution?

This research question will help to determine the thoughts and viewpoints of members of public regarding this topic. Their perspectives may be helpful in reform efforts aimed at reducing the high rates of recidivism. Prisoners are typically individuals that have been overlooked or even discarded from youth onwards, have had little education or encouragement, have been told many dismissing words by other people, and putting them in jail where all their moves and words are monitored may be regarded as punishment enough (Kane, 2013). By punishing them in this manner, there is likelihood that they would still return to prison after their release since they have not been rehabilitated.

With regard to research plan, this would be a mixed research study in which both quantitative and qualitative methods would be employed. Quantitative questionnaire surveys with closed-ended questions and qualitative interviews with open-ended questions would be utilized in data collection. A total 210 participants would be enlisted and the questionnaires would be sent to 200 of them online to complete. The remaining 10 participants would be interviewed. Furthermore, focus groups would be used to collect data. Secondary sources of data would include journal articles from electronic online databases, previous research on the subject matter, and government reports.

References

Kane, S. (2013). An Interview with the Most Rehabilitated Prisoner in America. Litigation, 39(3), 16-23.

Lawson, C. (2015). Does Imprisonment Work?. Legaldate, 27(2), 9-11.

Opperman, G. (2014). Change Your Prison, Change Your Outcomes, Change Your Community. Economic Affairs, 34(2), 224-234. https://www.doi:10.1111/ecaf.12068

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Criminal Justice Film Analysis Assignment

Criminal Justice Film Analysis

Based on the movie Gran Torino, make a film analysis and applied the criminal aspects like profiling, racism, direct patrol,types of policing,police- community relations, individual rights,drug crime, multiculturalism and diversity, rape.

Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

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Evidence Admission and Suppression

Evidence Admission and Suppression Order Instructions: Topic: Evidence Admission and Suppression

Each state has adopted a variety of rules regarding what facts are deemed proper evidence. Only what a court deems admissible evidence may be considered in reaching a verdict of guilt or innocence. Evidence that is suppressed because it was gathered in violation of the Constitution may have a profound impact on the guilt of a defendant. However, the ability to limit what information a juror has access to is becoming increasingly more difficult to control.

The prevalence of “smart-phones,” e-readers, tablets, and news feeds via gaming systems can result in jurors gathering data about a defendant, victim, crime scene, or witness that was not even presented at trial or specifically excluded by the court. This especially becomes a temptation when jurors are permitted to go home when a trial stretches beyond a single day.

Evidence Admission and Suppression Thread

If the goal for a trial is the search for justice, why should there be rules that limit a juror’s ability to render a verdict only to that information gathered in compliance with the Constitution and approved by the judge? Provide the scriptural, constitutional, and scholarly basis for your position.

Discussion Board Assistance:
How reliable is the internet for factual reports about the people, places, and events that might influence a juror’s decision to convict? Is Facebook or Twitter a valid source to form an opinion about the truthfulness of a witness or the honesty of a victim? Should videos posted on YouTube by or about a police officer serve as a basis for evaluating his/her testimony? Does belonging to a group or “liking” a gun club, animal rights organization, political party, or pro-abortion group worthy of consideration in a search for justice? Are blogs, websites, wikis or search engines like Google unbiased sources of news and information?

Evidence Admission and Suppression Sample Answer

Evidence Admission and Suppression

Jurors play a significant role in the legal system. In a criminal trial, they have the duty of determining the guilt of the charged person basing upon the facts presented. The jury is required to reach the verdict basing only on the evidence that has been presented in the court and in line with the judge’s directions. Juror misconduct occurs where, while the trial is in progress, a member of the jury communicates with those outside the trial including judges, bailiffs, attorneys, witnesses, and the victim. It is misconduct for a juror bring outside evidence into the trial (Hannaford-Agor, Rottman & Waters, n.d.).

According to Strutin (2010), the information age has raised concerns as to the widened the scope of juror misconduct. Most jurors get involved in online misbehavior, which include the publication and distribution of information concerning the trial through such mediums as Facebook and Twitter, creating contacts with judges, lawyers, and witnesses through social media, discovering information concerning the case through the internet, making visits to virtual crime scenes, as well as engaging in pre-mature discussions or deliberations concerning the litigation or consulting outside opinions.

There are various cases that have been decided in relation to juror misconduct. In Lockwood v State, 2010 WL 3529416 (Nev), the court ruled that a juror engaged in misconduct by consulting eight to ten internet articles regarding the nature of the injuries of the victim and distributed her findings to the other jurors in the course of deliberations. Similarly, in Oliver v. Quarterman, the court held that the jurors’ use of the Bible to determine the sentencing of the offender during the trial stage constituted improper external influence on the deliberations of the jurors. The jurors applied the Biblical provisions that “thou shall not kill” and that the sentence for death is death.

Thus, it is evident that there is a possibility of external information affecting the deliberations of the jurors and lead to a miscarriage of justice. It is in the interests of justice that the jurors’ ability to obtain external information be limited.

Evidence Admission and Suppression References

Hannaford-Agor, P., Rottman, D.B., & Waters, N.L. (n.d.). Juror and Jury Use of New Media: A Baseline Exploration. Perspectives on State Court Leadership. Retrieved from: http://www.sji.gov/PDF/NCSC_Harvard_005_Juror_and_Jury_Use_of_New_Media_Final.pdf

Lockwood v State, 2010 WL 3529416 (Nev).

Oliver v Quarterman (2008). Retrieved from: http://caselaw.findlaw.com/us-5th-circuit/1323813.html

Strutin, K. (2010). Juror Behavior in the Information Age. LLRX.com. Retrieved from: http://www.llrx.com/features/jurorbehavior.htm

Synthesizing Information and Criminal Justice

Synthesizing Information and Criminal Justice Order Instructions: Application: Synthesizing Information and Criminal Justice
Your loved one needs treatment for a medical condition. Are you more likely to utilize a medical protocol described in a leading medical journal, or a product from an infomercial?

Even during the process of tracking down resources on a particular topic, you may evaluate resources with varying levels of quality.
Once you find good resources, you also need to get to the point, by synthesizing information, extracting only the key points of each source without losing any of the key information. Tracking down information and summarizing it might be frustrating at first, but with practice, it becomes easier and constitutes a valuable tool that can be used in virtually every aspect of the criminal justice system.
For this Assignment, consider the resources used in criminal justice. In addition, focus on how to paraphrase from a resource without plagiarizing. Examine the different types of information sources in addition to summarization resources that are available when you begin to research a particular topic. Select 5 interrelated resources that pertain to your area of interest in the field of criminal justice.
The Assignment (3 pages)
• Explain the area of criminal justice in which you are interested – THE WRITER CAN CHOOSE BETWEEN VICTIM ADVOCATE OR JUVENILE PROBATION OFFICER
• Provide a synthesis of the 5 resources you selected
• Be sure to use proper APA formatting
• Explain how you might use your resource synthesis in the area of Criminal Justice in which you are interested

Synthesizing Information and Criminal Justice Sample Answer

Synthesizing Information and Criminal Justice: Victim Advocate

Area of criminal justice: Victim Advocate

A victim advocate is a professional who assists victims in coping with the trauma and stress that follows an abuse or crime. Usually, victims have to manage emotional, fiscal, physical, and/or psychological stress and need expert care which entails listening to their concerns and questions. In essence, a victims advocate offers assistance during the entire ordeal of a victim. A victim’s advocate can do the following: (i) assist the victims in creating a safety plan and get a place to go; (ii) provide emotional support to the victims on a one-on-one basis; (iii) help victims to complete and submit applications for requesting victim’s compensation (The National Center for Victims of Crime, 2015). (iv) Inform victims of crime and/or abuse about their rights as well as what these victims can anticipate from the legal process. (v) Go together with the victim to court hearing proceedings in addition to other legal proceedings. (vi) Contact the victim if his or her assailant has escaped from detention center or has been paroled. All in all, a victim advocate provides guidance and support to crime victims (The National Center for Victims of Crime, 2015).

Synthesis of 5 resources

Curtis, P. H., Mariano, W., Prieto, B., & Lundy, S. (2010). Victim advocates: Alissa Blanton’s murder shows flaws in protection order decisions. Orlando Sentinel.

In this source, Curtis et al. (2010) report about a murder incidence that proves why judges must never delay decisions relating to protective orders. They state that according to victim advocates, rather than judges scheduling a later hearing, they should deny a protective order. When a hearing is scheduled to a later date, an already horrified and frightened victim will be left legally not protected for a period of two weeks. The victim’s alleged aggressor is not just given a heads-up regarding his or her action to discontinue the relationship, but also time to carry on with the behavior which made the victim seek an injunction in the first place (Curtis et al., 2010). There have been reports in which victims have been battered and assaulted after their stalkers or attackers were issued paperwork to appear in court. The authors say that advocate victims want judges to either deny or to grant protective orders. If denied, the victim could change the request and submit it again without the knowledge of the suspect. If it is granted, the suspect should be sent a notice and the crime victim is protected legally (Curtis et al., 2010). This report comes after a judge denied to give 23-year-old Alissa Blanton a protective order. Consequently, Roger Troy, her attacker aged 61, killed her in a parking lot before shooting himself dead.

Powers, S. (2014). Help available for victims of sexual assault. Orlando Sentinel.

In this source, Powers (2014) reports that assistance is available for university rape victims. This assistance is offered through off-campus and on-campus support programs and counseling at the University of Central Florida. The article states that police and medical assistance are available without delay through a call made to the number 911. A number of sexual-assault rape-crisis nurse examiners are on call for rape victims in Osceola or Orange County. The University of Central Florida (UCF) has a victims’ services hotline which offers 24/7 services, including victim advocates (Powers, 2014).

Sampson, H. (2012). Victim advocates: public reporting of cruise crimes insufficient. Miami Herald.

Sampson (2012) reported that in the year 2010, critics of the country’s cruise industry touted new security legislation as an important measure which they believed would improve the safety of cruising and the transparency of onboard crime reporting. In 2012 however, the author reports that advocates for victims of crime and abuse onboard cruise ships were unhappy with an amendment of the Cruise Vessel Security and Safety Act that had been made recently. Prior to the change, the original version of this legislation stipulated that a website needs to be maintained that shows the number of missing individuals and the suspected crimes recorded. However, the amended version specifies that only the crimes which are not being investigated any more by the FBI should be included (Sampson, 2012). It is notable that several crimes have occurred in cruise ships that entail mainly people disappearing from them.

Rippel, A. C. (2008). Sheriff’s chaplain honored for work as victim’s advocate. Orlando Sentinel.

In this source, Rippel (2008) report about an individual named Bob Whitworth, 65, who was honored for his work as a victim advocate. They point that this man, who initially spent his career piloting large aircraft for Pan American World Airways, is currently helping crime victims in Lake County, Florida to navigate the justice system. He also helps the victims with their spiritual needs. As a victim’s advocate and Lake County Sheriff’s Office Chaplain, this man has supported victims of crime in their desperate hours and assisted educators to do their jobs better. The National Sheriff’s Association named him the Chaplain of the year (Rippel, 2008).

Edwards, A. L. (2009). Victims advocate and dog get noticed on national TV. Orlando Sentinel.

This source states that Andrea Lockhart, the woman who founded a not-for-profit group based in Polk County, Florida, which employs dogs in helping teenagers and kids victimized by violent and sexual crimes would be featured to national television. The women featured on Fox News Channel. Her non-profit is called Four Legged Advocates. She formed it for the purposes of helping to comfort children who have been victimized as they navigate through the legal system of Florida. She is a victim’s advocate and she has a trained dog that accompanies kids and teens to court appearances as well as interviews involving law enforcement. The purpose of the dogs is basically to comfort and calm the kids as they talk about how they were victimized (Edwards, 2009).

Synthesizing Information and Criminal Justice References

Curtis, P. H., Mariano, W., Prieto, B., & Lundy, S. (2010). Victim advocates: Alissa Blanton’s murder shows flaws in protection order decisions. Orlando Sentinel. Retrieved from http://articles.orlandosentinel.com/2010-02-11/news/os-murder-suicide-near-ucf-20100210_1_victim-advocates-judges-protective

Edwards, A. L. (2009). Victims advocate and dog get noticed on national TV. Orlando Sentinel.

Powers, S. (2014). Help available for victims of sexual assault. Orlando Sentinel. Retrieved from http://articles.orlandosentinel.com/2014-08-17/news/os-box-campus-crime-rape-20140817_1_victim-advocates-sexual-assault-help-and-services

Rippel, A. C. (2008). Sheriff’s chaplain honored for work as victim’s advocate. Orlando Sentinel.

Sampson, H. (2012). Victim advocates: public reporting of cruise crimes insufficient. Miami Herald. Retrieved from http://articles.orlandosentinel.com/2012-06-20/features/sns-mct-victim-advocates-public-reporting-of-cruise-20120620_1_cruise-vessel-security-international-cruise-victims-association-crime-aboard-cruise-ships

The National Center for Victims of Crime. (2015). What is a Victim Advocate? NCVC.