...Thomas Curtis Business Law 8/3/2014 Week 4 Professor McGovern There are certain grounds under which a compromise and settlement agreement can be invalidated. If a settlement agreement fails to establish certain elements like offer, acceptance and consideration, it can be invalidated. Similarly, a settlement agreement can be invalidated due to: * Fraud; * Nondisclosure as fraud; * Duress; * Illegality; * Mistake; * Undue influence. A compromise induced by fraud can be invalidated. In approving a proposed settlement agreement, a court must determine that the agreement is not the outcome of fraud[i]. Fraud exists if all of the following elements are present: * An untrue representation of fact knowingly by a party; * Making such representation recklessly; * Making untrue representation to deceive the other party and to induce him/her to act upon the same. Similarly, an unintentional nondisclosure without an intention to deceive will not constitute fraud. However, a compromise can be invalidated for fraud if one party deliberately conceals facts with the intent to induce the action of other party. The duty of disclosure is more comprehensive when there is a fiduciary relationship between the parties to the compromise. At the same time, it cannot be presumed that the elements of fraud exist only because of the existence of a fiduciary relationship. Likewise, a person who makes a compromise as a result of duress invalidates...
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...heed. So far about eighteen regimes have accepted laws extending the right to ‘self-defense with no duty to retreat’ to any region a person has a legal right to be. Several governments are also debating the passing of similar legislation. Inspite of implications that the laws may have for public well-being, there has been less empirical investigation of their impact, not only on crime but also on victimization. This laws makes it easier for some people to use deadly force when their “reasonably fears” result in serious injury at the hands of others. In such cases, those persons may be entitled to immunity from prosecution and civil liability. In fact, these laws usually confer powers that police have on private citizens, without the need of training kind and accountability. Before the Stand Your Ground laws, right to use deadly force was strictly not allowed. An individual had to show that it was reasonable to believe that the use of such force was necessary to prevent sudden death or great harm to himself or herself or another or to prevent the imminent commission of a forcible ‘felony’. Only when a person was attacked in his home by a person not having an equal right to be there, she/he had a duty to retreat if he/she could do so in safety. Florida was unambiguous in protecting human beings.an individual under attack had to retreat to the wall before taking a life. The one interposing the defense must have had used all reasonable means in his/her power, steady with his own safety...
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...a variety of people and sending letters to judges on behalf of clients. Leadership and analytical skills are important for cases you take on. | Criminal Lawyer | They defend individuals, organizations, and entities that have been charged with a crime | Excellent oral skills, written advocacy skills, persuasion skills, investigative and research skills, analytical skills, creative thinking | As criminal lawyer these skills will help build the skills needed to build a case and present that case in front of a court room in order to persuade the judge or jury to win the case. | List online sites used for this assignment below: http://legalcareers.about.com/od/legalspecialties/a/criminallaw.htm http://www.lawyeredu.org/criminal-defense.html Summary: In 300-500 words, respond to the following: * Discuss why you are interested in the selected jobs. * Explain how the job skills required for each job you selected are related to your professional goals. * Describe the strategy you would use to achieve the skills needed for the jobs you selected. * Why will you be successful? * How will your academic and professional goals help you succeed in your chosen career? REVISED I am interested in these two jobs because from the time I was a kid I have always wanted to be a Family lawyer or either a criminal defense lawyer. Both have significant meaning...
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...com/index.php/product/cjs-220-entire-course/ http://homeworkgallery.com/index.php/product/cjs-220-entire-course/ CJS 220 Attorney Client Confidentiality Write a 200- to 300-word response describing the concept of attorney–client confidentiality and its importance to the criminal justice system. Include a discussion of the major concerns involved in maintaining confidentiality. CJS 220 Capstone Capstone Discussion Question Post your response to the following: This course has taught the law as a “living body.” How do personalities, actions, trends, political correctness, and the moral aptitudes or ineptitudes of society influence the creation of governing laws? Do you think laws are a reflection of society or society is a reflection of laws? Explain your answers. CJS 220 Due Process Write a 200- to 300-word response describing the concept of due process, including how it applies to the criminal justice system. CJS 220 Final Write a 700-to 1,050-word paper in which you describe the appeals process. Address the following: · What is an appeal? · How do appeals factor into the overall criminal procedures and processes? · How can we improve the appeals process? Include at least one example of a real-world case that went through the appeals process. Explain why this appeal did or did not succeed. Format your paper and resource consistent with APA guidelines. ...
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...the Insanity Defense Shorter University Abstract There are many cases that exist currently and historically regarding the “Insanity Defense.” In some cases, those convicted for murderous crimes, was said to be guilty by reason of insanity (NGRI). In other words, the person that committed the crime, was not made aware of his or her actions at the time when the crime was committed or the perpetrator was not in his or her right mind; therefore, causing him or her to have some form of mental illness. However, the question becomes are there ethical issues within the use of this plea? The criminal justice system is supposed to protect the lives of others. In many cases, it only becomes a question of ethics if there is a misuse of the insanity defense. This defense can sometimes cause one to question this defense because victims of the perpetrator are left to resolve the death of their loved ones based on guilty by reason of insanity. In some situations, criminals are not competent to stand trial for their crime, which for families of the victims, closure seems to be never ending, especially if there is not a death or life sentence involved. However, criminals that commit crimes without knowledge of the act should be entitled to receive proper help and receive a fair trial. Therefore, this paper will focus on the history of the insanity defense and how the insanity defense came into play. A synopsis of some familiar cases involving the use of the insanity defense will be discussed...
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...|[pic] |Syllabus | | |College of Criminal Justice SSecurity Security | | |CJS/220 Version 4 | | |The Court System | Copyright © 2011, 2009, 2007 by University of Phoenix. All rights reserved. Course Description This course is an introduction and overview of the legal system, the participants, the courtroom process, and post-conviction process of the court system. It demonstrates the connections among participants and how they relate to each other. Additionally, the course covers the history of the court system and the different types of court at the state and federal levels. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the...
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...Money is Justice: The Effectiveness of Public Defenders vs Private Attorneys Intro section Public defenders are attorneys that work for the government and are assigned to clients who do not wish to hire or cannot afford to hire private attorneys. They are assigned by the courts from a list of public defenders (Atchuthan). The sixth amendment to the constitution and one of the Bill of Rights states, In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses...
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...are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas in the Crime Control Model” holds that reducing crime is the key value” (Neubauer, 2001, 12). When comparing the two control models their opinions differ completely in reference to the causes of crime. Additionally when comparing crime control and due process models one needs to remember, “Proponents of both models embrace constitutional values which are necessary to the kind of society in which American wish to live” (Zalman, 2008, p. 4). In addition answers will be given to questions about the effects on law enforcement, courts, and differences between federal, and state polices, and distinguishes these values. To utilize plea bargaining is controversial because of the fear that innocent defendants would take a plea and the judge would impose unduly sentences (Neubauer, 2008, p. 20). Also the criticism focuses on the deterrent effect of the punishment itself. The crime control model, court hearings have eroded the deterrent effect of punishment (Neubauer, 2009, p. 20). “Not only is the problem serious, but there is evidence that it is getting worse, suggesting that, whatever deterrent effect the criminal justice system does have, its effectiveness in deterring crime may be decreasing over time” (Barnett-Hagel, 1977). Some...
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...Learning Team Police Report CJA/304 WEEK 2 LEARNING TEAM ASSIGNMENT May 28, 2012 Dr. Pamela Knothe Learning Team Police Report When writing reports and documents, it is important that information is detailed and precise. Working in the criminal justice system is one field that holds the highest demand for competency and accuracy. Appearing in front of a judge and jury when prosecuting an individual suspected of a crime requires facts and perfection. Reports begin when an officer apprehends a person of interest and hands the reports to the prosecuting attorney, who will present the information before the judge and jury. This holds each division of the criminal justice system responsible for their actions if not completed correctly. An officer is responsible for providing well-written reports to his or her supervisor. It is not only a matter of making sure it is a detailed report to avoid confusing the reader but also the officer also has to double check the report for spelling, grammar, and sentence structure. “Effective communications, in contrast, is like using a map. You know there is a certain route that will take you where you want to go, but you also know that dead ends and wrong turns may delay your getting to your destination” (Wallace & Roberson, 2009, p. 2). Whenever a poorly written police report reaches the supervisor, there are several potential reactions he or she may have. One possibility is that the supervisor will return it to the officer and request...
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...Course Syllabus College of Criminal Justice and Security CJA/354 Version 4 Criminal Law Copyright © 2012, 2011, 2010, 2009 by University of Phoenix. All rights reserved. Course Description This is an introductory course in the study of criminal law, general legal principles, and how the criminal law functions in and affects modern society. This course highlights a variety of key topics, including the concept of crime and the development of criminal law, defenses to criminal charges, and a number of specific types of crimes, including personal crimes, property crimes, public order crimes, and offenses against public morality. Legal issues affecting punishment will also be discussed, as will ways the criminal law impacts victims of crime. Policies Faculty and students will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Course Materials Champion, D. J. (2009). Leading U.S. Supreme Court cases in criminal justice: Briefs and key terms. Upper...
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...history on the crime control and due process models and the relationship with the criminal justice system. As stated on an article by Brandon A. Perron, who is a board certified criminal defense investigator, “The American justice system needs an effective strategy to combat crime,” which has been discussed for years(Perron, 2012). In the article, it states that the primary goals of the American criminal justice system has two primary missions which are: (1) the need to enforce the law and maintain social order, and (2) the need to protect people from injustice(Perron, 2012). However, the two goals are generally considered to be in conflict with each other. The first goal is referred to as the crime control model and was developed by Herbert Packer and presented to the academic workd in his analysis of the criminal justice system in the 1960s. The models place an emphasis and priority upon the aggressive arrest, prosecution, and conviction of criminals. The second goal is quite the opposite which focussed upon protecting the individual rights of the accused and is commonly referred to as the due process model. The are many policies that exist in the criminal justice system. Some of these policies have strong implication than others. Some of these policies can work in favor of the criminal and some of them can work against the criminal based on their track record and history of criminal activity. There is such a thing referred to as the crime control model and...
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...Criminal Justice Process Alma L. Daniels AIU Criminal Justice Process How does the United States deal with problems related to civil order control? All one needs to do is to take a look at Kent State, Ruby Ridge, and Waco just to name a few to see how the United States deals with civil disorder. The United States Civil Disturbance Plan 55-2 the original name for this project is called “Operation Garden Plot.” This was to be used to deal with civil order. Here is one situation where they would use this “Planned acts of violence or civil disobedience which through arising from the cause as (1) above, are seized upon by a dedicated group of dissidents who plan and incite purposeful acts designed to disrupt social order.” (©2005, Yurica Report) So in order for the United States to maintain civil order control they can use this plan. They also can call out the following people FBI, U.S. Marshals’, DEA, ATF and the Arm Forces along with the National Guardsmen to deal with any civil uprising. Since May 4, 1970 at Kent State until now in 2011 the United States has change the way they handle things related to civil order control. Civil order control means more than just violent crimes it can also mean disasters, national emergencies and it also deals with crowed events like protest like they are having on Wall Street now. They can still call out the National Guards and Arm Forces along with ATF, DEA FBI, and U.S Marshals’ to help handle things. They also have medical...
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...jail have a mental illness (About Criminal and Juvenile Justice). The topic of mental health in criminal justice is crucial because it intersects with several fundamental aspects of society, including justice, public safety, and human rights. Caring about mental health in the criminal justice system reflects our commitment to support the well-being of all individuals. While recognizing the profound impact of mental illness on society, it is essential to ensure that mental illness does not serve as a justification for any crime. With this understanding in mind, the complexities of mental health issues while maintaining the integrity...
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...The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved while the criminals co-exist with the rest of the community. Probable cause is also efficient in protecting law-bidding citizens from being wrongfully prosecuted. Law enforcement, corrections, and the courts must all follow standard guidelines which ensure that individuals, regardless of their guilt or innocence, will not have their rights violated. Due Process A portion of the United States...
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...Neil Gabe, Billie Adams, and Dannielle Rea CJA/224 October 31, 2011 Austin Dunham Weidner Courtroom Participants In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken by the defendant, the judge can also revoke bail and issue...
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