...tomorrow's arrests. Individual Portion: Each individual will share 3 deliverables with each other in the group and will provide a copy for the instructor for accountability of participation in the group. The following are the deliverables: A 1-page bulleted list of 10 points that are the more important in your view on properly processing a defendant in a federal investigation. A 1-page outline on the best way to format and present the federal criminal pretrial process, which includes jury selection, evidence and jury instructions. Please provide examples in your outline of your recommended format for presenting the process. A 1-page draft of how to present the processing requirements and the mandated pretrial measures required by law. Please add your file. Group Portion: As a group, you will take all the information that you have attained in the individual portion and decided to use for coordinating the information for briefing on the process at the federal court building. Your group is expected to produce a paper of 8–10 pages that will fulfill the following requirements. As you answer each requirement, you must provide support or evidence that will enhance and empirically prove your answers. Academic criminal justice articles or real-life criminal justice findings that are found in journals or other academic sources must be used in supporting...
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...I Criminal Justice 101 Unit 3 IP ABSTRACT In this paper, a senior federal agent has been assigned as the division training officer, who is responsible for providing and coordinating training for divisional agents and the local police officers that have been assigned to work on a federal task force. I am assisting in the preparation of the curriculum for an upcoming two week program, which will focus on various types of searches authorized by federal law, and what is legally necessary to support these searches. Also, the process by which a search warrant is sought and issued pertaining to the Fourth Amendment Requirements. Finally, The author will define probable cause and the standard by which probable cause is met. Finally the author describes the rationale for allowing warrantless searches. This paper is informative and professionally cited. ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Process by which a search warrant is sought and issued ------------------------------------------------- According to the law, a search warrant is an order written and signed by a specific court that gives authorization to law-enforcement officers to conduct a search, seizure, or...
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...State of Confusion Paper Diane M. Freeman BUS/415 April 12, 2012 Geneace Williams, J.D., Ph.D. State of Confusion Paper Tanya Trucker, who owns a trucking company in the state of Denial is unhappy with a statute enacted by the state of Confusion. The statute requires all trucks and towing trailers to use a B-type truck hitch in order to drive on the state’s highway. If a trucking company decided not to have the hitch installed, they would not be allowed to drive on the highway and would have to drive around Confusion. The statute poses added expenses on Tanya’s business and the only place to get the hitch installed is also located in the state of Confusion. To make things more unfair is the fact that the federal government does not have any regulations on truck hitches used on highways. Tanya’s plan is to file suit against the state of Confusion to overturn the statute. Tanya’s suit falls under the jurisdiction of the federal courts for two reasons. The first reason is that the suit has a federal question. Federal question cases address the U.S. Constitution, treaties, and federal statutes and regulations (Cheeseman, 2010). Tanya’s suit questions the state of Confusion’s right to enforce a statute of driving privileges on national highways. The second reason is based on diversity of citizenship. Diversity of citizenship jurisdiction is allowed when the parties involved live in different states or countries and this prevents state court bias against...
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...State of Confusion Paper Federal and state constitutions, administrative regulations and statutes are the primary source of applicable law in the United States (Enotes, 2010). In addition, the constitutional provisions affect how business is conducted in this country. The case in this paper deals with Tanya Trucker versus the state of Confusion. Tanya will rely on the American legal system to overturn the state of Confusion statute requiring all trucks and towing trailers that use its highways to use a B-type truck hitch. After all, the U.S. legal system is one of the most comprehensive, fair, and democratic systems of law ever developed and enforced (Cheeseman, 2010). This paper will address the following: the court that will have jurisdiction over the case and why; whether the Confusion statute is constitutional; the provisions of the U.S. Constitution that will be applied by a court to determine the statute’s validity; and whether Tanya will likely prevail on her suit. Finally, the paper will conclude with the stages of a civil suit. “In most states, business and commercial disputes are heard by the same courts that hear and decide criminal, landlord-tenant, matrimonial, medical and malpractice, and other non-business-related cases” (Cheeseman, 2010). In the case of Tanya Trucker versus the state of Confusion, federal court in Confusion has jurisdiction over the case. The federal court has jurisdiction because of diversity of citizenship; Tanya owns a...
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...Litigation Alina Hovhannisyan LAW/531 April 16, 2012 Young Jenkins Traditional and Nontraditional Litigation In the United States there are two broad types of legal resolution: traditional litigation (judicial dispute resolution) and nontraditional forms of alternative dispute resolution (ADR) (Cheeseman, 2010). Most cases will never go to trial, so understanding alternative methods of dispute resolution is just as important as understanding the traditional litigation system. In this paper I will compare and contrast the traditional litigation with ADR identifying the risks different organizations encounter when dealing with traditional litigation. Additionally, I will determine where ADR might be a more appropriate measure to reduce those risks. Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). Before the trial, there is pretrial litigation, which consists of several phases (pleadings, discovery, dismissals, pretrial judgments, and settlement conference). Dealing with the court system the businesses and other organizations often encounter the risks of spending too much time and money as well as disruption of business operations. To avoid or reduce those risks the business managers use different forms of ADR in contract and commercial disputes (Erickson & Bowen, 2005/2006). “Arbitration, negotiation, mediation, conciliation, mini-trial, fact-finding, and using a judicial referee” are the forms of ADR...
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...and nontraditional litigation is to reach a simple resolution, but yet these methods use a reach of different types of resolution. The intent of this paper is to help understand the comparison and contrast of the traditional litigation system with the nontraditional forms of alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining and defending a lawsuit (p.35).” In resolving a dispute the desired outcome of the traditional litigation or also called the judicial dispute resolution and nontraditional litigation or ADR. However, it is not necessary that an attorney in both forms of litigation usually typically represent plaintiffs and defendant. A third party is the one that typically decided the outcome of a given dispute. For example, in the judicial dispute resolution, the dispute is decided upon the judge or a selected jury. In the case of ADR a third party helps in the parties resolution and helps in making a decision. The third party usually severs as an arbitrator, mediator, judicial referee, and etc.…(Cheeseman, 2010). Contrast While they both are tended to be the ultimate goal both judicial and alternative dispute resolution in the same, and the methods to achieve a possible resolution are quite different. The judicial litigation is said to be a process that is considered time-consuming and very expensive. Even before a case is set to go into trail, it must first go...
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...resolution is important. The goal of both traditional and nontraditional litigation is the same: resolution. The purpose of this paper is to compare and contrast the traditional litigation system with alternative dispute resolution (ADR). Compare Cheeseman (2010) defines litigation as “the process of bringing, maintaining, and defending a lawsuit” (p. 35). In either traditional litigation or ADR, an objective third party decides the outcome of the dispute. In traditional judicial dispute resolution, a judge or jury reaches a verdict. In ADR, a third party typically decides upon a resolution or facilitates an agreement whereby the parties reach an agreement through compromise. This third party can take the form of arbitrator, mediator, judicial referee, or conciliator. The type of third party used and the method of reaching an outcome in ADR is determined by the earlier contractual clause, or at the election of the disputing parties. (Cheeseman, 2010). Contrast The judicial litigation process can be time-consuming, public, and expensive. Before a case goes to trial, the parties engage in a pretrial litigation process. This process includes “pleadings, discovery, dismissals and pretrial judgments, and settlement conference” (Cheeseman, 2010, p. 35). If, during the pretrial process, a case is not settled or dismissed it will go to trial. The trial process consists of jury selection, opening statements, the plaintiff’s case, the defendant’s case, rebuttal and rejoinder, closing...
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...“Litigation is a process of bringing, maintaining and defending a lawsuit.” The litigation process involves resolving disputes in the court by taking an argumentative approach to prove the point. The litigation process has different phases – pleading, discovery, dismissals, pretrial judgments, settlements conference. In the litigation process the court decided the case in which one party wins over the other or the case or dispute is dismissed. Many times the cases do not go to trial because the parties may decide to use Alternate Dispute Resolution (ADR). According to Cheeseman, (2010), “ADR are methods of resolving disputes other than litigation.” ADR methods include arbitration, negotiation, mediation, conciliation, mini-trial, and fact-finding. The discussion in this paper will compare and contrast between the traditional and nontraditional litigation. The process of traditional litigation starts by pleading in which a complaint is filed in the court by the plaintiff. The defendant is served with a summons and the copy of the complaint. The defendant is given a certain period to answer to the complaints filed by the plaintiff. The defendant can also file a counter compliant if he or she decides to countersue the plaintiff. After the complaints are files in court the next process is to proceed to pretrial process supervised by the court. Both parties participate in several actions to discover the proofs, and witnesses of the case, this process is called discovery...
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... Most successful companies or organizations view organizational change as a necessary process for the company's existence. How the organizational change is implemented and how the implementation is managed, should be done in such a manner that demonstrates the skillfulness and usefulness of the product or service. Management has to create strategies for the implementation of change that would make employees comfortable and acceptable of the change. It is predictable for employees in a company or organization to be resistant to change. Doing something that is different or uncommon for any individual may cause resistance because it is unknown. This is why how change is implemented matters and how management handles the implementation is relevant to the success of the change. This paper will focus on strategies for implementing change in a Correctional facility as it related to inmate access to healthcare. The paper will describe different assessments and evaluations used to monitor the process of inmate healthcare access. Community techniques and resources will also be defined in this paper, along with additional organizational resources relative to the process, systems, personal, and professionals roles in the organization. Strategies for Changing Inmate Access to Healthcare Access to health care in the correctional institutions in Maryland are limited. Especially in the pretrial divisions of the correctional facilities there are not many opportunities or resources...
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...taken carefully to ensure that a criminal does not get away with a criminal act because of law enforcement's failure to carry out each step properly. It is also set in place to protect the innocent from being unlawfully convicted. The modern justice process begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for the defendant as well as those in place to protect society as a whole. Following arrest, suspects are booked. During booking, which is an administrative procedure, pictures are taken, fingerprints...
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...Litgation Paper Pamela Plamondon LAW/531 December 17, 2012 Arlana Spikener, JD Litigation Paper Understanding alternative methods of dispute for resolution is important; because most case never goes to court they are settled before they are heard by the courts. The traditional litigation system and nontraditional litigation both strive to settle the dispute or resolution that both parties agree upon. This paper will compare and contrast traditional litigation with the nontraditional forms of ADR. Compare Both traditional litigation system and nontraditional forms of ADR both strive to find a resolution to a legal dispute. With both systems the parties involved in the dispute can be represented my legal counsel. The resolution is determined by a third party, example; jury, judge, court appointed arbitrator, mediator, judicial referee, or conciliator (Cheeseman, 2010). In cases involving a jury the jury will deliberate and read the finding to the judge, the judge will issue the final resolution. In cases using ADR, the third party usually arbitrator or mediator will determine the resolution. Contrast As stated above both the traditional litigation system and nontraditional strive to get a resolution to a dispute. What is different is how the resolution is made. Traditional litigation can be time-consuming and can become very expensive for both parties involved. There are several steps to the traditional litigation; pleadings, discovery, dismissals and pretrial...
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...studies over the years. In this paper, psychology in the legal arena is discussed including jury selection, juror life experiences and how it affects their biases, and the impact of the media on their decisions. Jury Selection and Its Importance Juries have the all too important task of making life altering decisions dealing with money, freedom, and many times life or death situations. Therefore, serving on a jury is a very serious and important proposition. Unfortunately, in today’s society it appears that many times juries are selected in a rather casual manner. Many individuals called to jury service, especially those with a higher education or in a higher economic echelon, can find ways to escape their civic duty, while those who are less educated and theoretically less qualified for jury service, end up serving on the jury and making critical decisions. A fairly new trend in jury selection is that of trial consulting, which gained notoriety in the mid 1990’s in the O.J. Simpson trial. The application of scientific jury selection (SJS) was first applied in 1971, and has grown tremendously in recent years for those who have the means to employ such methods. The goal of the trial consultant is to find persons to fill the jury seats who optimally will arrive at a decision that will be favorable to their client. The tools used by the trial consultant include “…community surveys, focus groups, mock trials, pretrial investigations of prospective jurors...
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...matter race or sex are allowed due process and equal protection from the law. This paper will provide detailed information about whether ethnicity influences courtroom proceedings and judicial practices, there will be arguments for and against ethnicity-based jury nullification, contemporary examples of ethnicity-based jury nullification and it will conclude by choosing a position for or against ethnicity-based jury nullification. We have seen many examples of suspected jury nullification through the “Bronx Juries”. “This term originally described a jury consisting mostly of minorities in the Bronx, New York that refuses to convict minority defendants. Today, “Bronx juries” are not limited to the Bronx but extend to other cities with large minority populations, such as Baltimore, Maryland” (Keneally, 2010, pg. 946). Race should never be a deciding factor during jury deliberation. Jurors should follow the full extent of the law, and should not put their personal beliefs before there civic duty as a juror. When trying to decide whether or not ethnicity influences court room proceedings and judicial practices, the information was unable to provide definitive proof one way or the other. Some of the research that was found was still very interesting. “In a study of more than 5,000 male defendants across ten federal court districts, Albonetti et al. report that defendants with lower levels of education and income receive significantly more serious pretrial release decisions, controlling...
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...rarchies and other differentiators, this project is restricted to NYPD and their current reporting processes and arrest to booking process. The visualization created is based on information collected from NYPD only and might not be relevant to other law enforcement agencies. Visualizations Data visualization helps to understand the significance of data by placing them in a visual context. While working on the data points from Arrest to Pretrial, most of the initial weeks were spent on wrapping around what an ideal data map would look like. The research resulted in rich collection of data that gets collected during booking process. Representing all the information that gets collected at each level of process, involved granular analysis of...
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...Write a 350-700-word paper in which you explain the components of the criminal justice system and the criminal justice process. Include how the structure of the government relates to the criminal justice system. Format your paper consistent with APA guidelines. Post your paper as an attachment. Criminal Justice System Paper The phrase criminal justice system refers to a collection of federal, state, and local public agencies that deal with the crime problem. These agencies process suspects, defendants, and convicted offenders and are interdependent as the decisions of one agency affect other agencies. The basic framework of the system is provided by the legislative, judicial, and executive branches of government. Criminal justice is a process, involving a series of steps beginning with a criminal investigation and ending with the release of a convicted offender from correctional supervision. “In the United States the criminal justice system are divided into three categories: federal, state, and military” (Theresa Smith, 1999-2012). There are two goals in the criminal justice system; the “first step the need to enforce the law and to maintain public order and the second step; is the need to protect individuals from injustice, especially at the hands of the criminal justice system” (Schmalleger, 2011). The criminal justice process is taking several steps taken to process a criminal case beginning with an investigation and arrest. The police do and investigation while...
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