Law Archives | Page 16 of 33

California 3 Strike Law in Ewing v. California

Ewing v. California
Click on the PDF link next to the case title.

The defendant had his third strike when he committed grand theft at a golf course in Los Angeles County. This was not a violent crime but he was subject to the three strikes laws. He appealed this case up to the United States Supreme Court—and lost.

The public has always been worried about violent crime, but just how worried are citizens about nonviolent crime? With mandatory sentencing, society will have many older inmates within the prison system. In the criminal justice community, it is known that inmates “age out of crime.” Can you imagine a 68-year-old man climbing in a window or jumping an 8-foot fence? By keeping these older inmates incarcerated, is this a disservice to society?

State prosecutors have the discretion to lower the charge so that the third offense would not be considered a third strike. For this assignment, you are a policy maker in your state legislature. You are concerned about the heavy tax burden on your constituents. The cost of the actual running of the prison and costs of personnel will rise.

You are also up for re-election, and the feedback that you have received from your constituents has shown that they are dissatisfied with the law that now stands. They are afraid of violent crimes, not just felonies, and are very aware that the last crime committed by the perpetrator does not have to be a violent crime. They are also worried about the use of their tax dollars to incarcerate nonviolent offenders.

Assignment Guidelines

Address the following in 5–7 pages:

Develop a policy regarding the three strikes laws in the State of California. Address the following in your policy:

What alternatives would be placed in the law to give the state prosecutor more freedom to manipulate the third strike?
Many prosecutors “load up” charges against defendants to force a plea bargain. What can be done to limit or prevent this practice?
Will your policy allow multiple counts arising from the same incident to count as multiple strikes? (For instance, a man arrested for aggravated robbery because of the use of a weapon is charged with aggravated robbery and a felony gun possession charge. Should that count as 1 strike or 2?)
If one of the alternatives was supervised probation, how would you convince the public that it would be more cost-effective for the person to be supervised than incarcerated?
Show the public where you would be saving money by not incarcerating the perpetrator.
If brought up in the legislature to be an amendment to the law, could this be grandfathered in to help older inmates?
Could this have a backlash from the public, or would they approve? How? Why?

Once you are finished with the policy, draft an executive summary of the policy to be used for political decision making.

Use 6–10 scholarly resources to support the provisions of your policy. Dictionaries and encyclopedias are not scholarly sources. Look at federal and state legislation and court cases.

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Divorce in Family law court Essay

Divorce in Family law court

Pretend that you went to family law court and observed a divorce. Write about your observations, findings and opinions regarding this experience.

Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through.

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Corrections and Resources for Victims Rights

Corrections and Resources for Victims Rights Go to the Federal Bureau of Prisons’ (BOP) Website, and review the “Resources For Victims & Witnesses,” located at http://www.bop.gov/resources/victim_resources.jsp. Next, go to the American Correctional Association Website, and review the ACA Code of Ethics, located at http://www.counseling.org/resources/aca-code-of-ethics.pdf.

Lastly, go to Cornell University Law Schools’ Website, and review “18 U.S. Code Crime § 3771 – Crime victims’ rights,” located at http://www.law.cornell.edu/uscode/text/18/3771.
Write a four to six (4-6) page paper in which you:
1) Examine the significant manner in which the Crime Victims’ Rights Act protects the rights of crime victims. Provide your opinion of the effectiveness of this piece of legislation. Justify your response.
2) Determine whether or not victim impact statements add value during sentencing and parole hearings. Provide a rationale for your response.
3) Debate which is more important to a victim: the right to be notified of proceeding or the right to participate in a proceeding. Provide a rationale for your response.
4) Review the following three (3) statements, and determine the key ethical responsibilities of corrections personnel associated with them.
“Our job is not to punish.”
“Legal liability issues.”
“The rules don’t apply.”
5) Recommend two (2) strategies for ensuring that correctional employees (e.g., correctional staff, administrators, parole officers, probation officers, etc.) adhere to the ACA Code of Ethics.
6) Debate the importance of victims having a voice in the legal process.
7) Use at least three (3) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Laws Enforcement of Evidence DB 3

Laws Enforcement of Evidence DB 3 Describe and explain the roles of the different types of witnesses, such as the following:
Lay witnesses
Expert witnesses
Law enforcement witnesses

How important are witnesses with regard to the prosecution’s case during a trial? Explain.
How important are witnesses with regard to the defense’s case during a trial? Explain.
How does the role of witnesses used for the prosecution differ from that of witnesses used for the defense? Explain.
What qualifications do you think should be necessary for a witness to be considered an expert? Explain. On the afternoon of November 24, 1971, a nondescript man calling himself Dan Cooper approached the counter of Northwest Orient Airlines in Portland, Oregon.

Improving Regulatory Relationships

Think about how you could improve relationships between your organization and those agencies that regulate it. List and discuss what your organization could do to improve these relationships, using material from the reading and lecture as a basis for this discussion.

I propose that you think about your relationships with regulators in four categories:

relationships in ordinary periods where no proposed regulation is being considered and no examination is underway,
relationships when a rule is proposed or likely to be proposed by your regulator;
relationships when you are being examined by your regulator, and
relationships when your regulator is investigating your firm or individuals associated with your firm. It is critical for the success of your business and the success of your regulator that you interact with your regulator in a constructive way in each of these circumstances.

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Legal Philosophy and Interpreting the Law

Legal Philosophy and Interpreting the Law Legal Philosophy
Research Paper Assignment

Students will write a research paper based on a minimum of five outside sources. The research paper must be on a topic associated with the course, and students are expected to have selected their topic by midterm. Papers are expected to be approximately 5 to 7 pages in length, and must be properly cited by either MLA or APA standards. Papers must be turned in by the due date as indicated by the instructor. Late papers receive one letter grade less per week they are late.

Voices for the Victim Essay Paper Assignment

Voices for the Victim

Topic: Victim Advocacy

Analysis questions:

1. Why is the voice of the victim necessary?

2. How are victim’s rights being lost in the shuffle in this case?

3. How is the victim advocate fighting for the rights of the victim in this case?

Victims of violent crime don’t think ahead to the years of coping that follow in the wake of the ordeal of experiencing a violent crime. The horrors of the crime itself and its immediate aftermath consume the victims’ lives.

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America’s criminal justice system Article Review

America’s criminal justice system

Follow the link to a video article from CNN on “America’s criminal justice system is broken”. This article illustrates some of the current data on prison populations, programs and rates of recidivism.

Given this information discuss your thoughts on the data presented.

Link:

http://www.cnn.com/2017/01/09/opinions/america-needs-criminal-justice-reform-coons-tillis/index.html

“Men and women in law enforcement work hard to protect our communities across the country. As legislators, we must be committed to developing a criminal justice system that effectively promotes public safety, fairness, and rehabilitation. We believe Congress has both a moral and a fiscal imperative to ensure that our criminal justice system appropriately calibrates sentences to offenses. That is being smart on crime, not soft on crime.”

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Pros and Cons for Legalizing Marijuana

Pros and Cons for Legalizing Marijuana The essay should include pros and cons of legalizing marijuana, for what uses (medical or recreational), impacts on the economy.

It is an informative essay so; write as if nobody knows what you’re talking about. Patrick Kennedy and Kevin Sabet’s “This Is No Time To Go to Pot” (op-ed, June 15), at long last, takes on several key deceptions about marijuana, and these men have the credentials to speak.
But where are the others? The neurologists? The pediatric psychiatrists? The Business Roundtable groups and chambers of commerce which also are competent and which should have a passionate professional interest in maintaining drug-free workplaces and safeguarding our youth?

Legalizing Gay Marriage Essay Paper

Legalizing Gay Marriage

You will submit your introductory essay (this will just be an introduction to the event, 2- page paper discussing why you selected your sources) and your writing prompt ( A writing prompt is simply a topic around which you start jotting down ideas. A writing prompt introduces and focuses the writing topic. It also provides clear information or instructions about the essay writing task. Think about the following as you begin to develop your prompts: the essay type, prompt construction, brevity, instructional match, appropriateness, and fairness.)

Remember you writing prompt must work well with the sources you present in your project.

When submitting the two, follow the format below:

title page, writing prompt at the top of your introductory essay.

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