...Criminal Defense Analysis CJA/354 July 18, 2011 Criminal Defense Analysis To define what criminal defense is there should be a clear understanding of what criminal law is before analyzing the various levels of defense. According to Worldwide Legal Directories (Criminal, n.d.) the term criminal law or penal law is defined as the prosecution from high levels toward an individual for an act that has been categorized as an offense. As a group of laws that consists of common and statutory laws, they are distributed according to the crime and sentences involving the illegal offense. When crimes are committed they will be classified by either misdemeanor or felonies based upon the degree of the crime that had been committed and what form of punishment may be granted will differ. After a crime has been committed and the individual who is responsible has been caught, they will begin the process involving “criminal defense.” When an individual breaks the law, there are various forms of defense that he or she may be eligible in using in regard to the charges that are being brought up against them. During the process, there maybe one or more defenses’ that will be used during the defendants criminal trial. Types of Defense’s When a person has been accused of a crime, he or she are given a chance to plead his or her fate during the trial process. This process is done during the arguments of the trial and submission of evidence proving their innocents. A defendant and his or her...
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...Week Four Worksheet Match the Definitions on the left to the correct Terms on the right by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all terms will be used. Definitions Terms 1. H Engaging in sexual activities for something of value A. Disorderly conduct B. Breach of peace C. Loitering D. Treason E. Perjury F. Contempt G. Obscenity H. Prostitution I. Exploitation J. Illegal entry into the US K. Terrorism L. Sedition M. Delirium tremens N. USA Patriot Act O. Unlawful assembly P. Confiscation Q. Habeas corpus 2. A Specific, purposeful, and unlawful behavior that causes public inconvenience, annoyance, or alarm 3. D An overt act that is an attempt to overthrow the government 4. F Deliberate conduct calculated to obstruct or embarrass a court of law or a judicial officer 5. J Defendant is not a U.S. citizen and is found in or enters the United States 6. B A public offense done by violence, or a disturbance of public order or tranquility 7. L A communication or agreement intended to defame the government or to incite treason 8. O A gathering of three or more people for the purpose of committing an unlawful act or a lawful act in a violent, boisterous, or tumultuous manner 9. C The act of delaying, lingering, or idling about without a lawful reason for being present 10. Q A writ used by prisoners to challenge the nature and...
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...CJA 354 Week 3 DQ 3 NEW To Buy This material Click below link http://www.uoptutors.com/CJA-354-NEW/CJA-354-Week-3-DQ-3-NEW A case I tried: Joe Smith is driving his full-size van down a public street. Suddenly he decides to make a u-turn. But, in order to do so, he has to climb the lane divider that is 9 inches high. He guns his engine, turns the wheel, hits the divider—and then jumps to the opposite sidewalk, going diagonally across the street against traffic. He jumps the curb, and slams into Juan Gomez, smashing Juan into the wall and dragging him 25 feet down the block. Joe then turns the wheel of his van, dropping Juan to the sidewalk. Joe then runs over Juan’s legs and turns back onto the street, facing the wrong way. Joe stops. The police arrive and find him sitting on the sidewalk. Juan is dead, his internal organs exploding from the impact. The officer (whose real name is Johnny Walker), smells Joe’s breath. Drunk. A blood alcohol test reveals a .24 BAC, three times the legal limit. Joe is an alcoholic because a serious accident severed the fingers of one hand and he drinks to ease the pain. He drives his van using the palm of his hand on a knob on the steering wheel. Joe was charged with two different types of homicide: involuntary manslaughter and criminally negligent homicide. Based on the readings and your view of the case, if you were a juror deciding this case, which verdict would you reach: guilty of involuntary manslaughter, guilty of criminally negligent...
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...CJA 354 Week 2 DQ 1 NEW To Buy This material Click below link http://www.uoptutors.com/CJA-354-NEW/CJA-354-Week-2-DQ-1-NEW Here are two typical undercover police operations: 1. Undercover officer approaches Able and asks where he can buy some crack cocaine. Able steers the undercover (u/c, in the biz) to Baker and says, “My man here can help you.” The u/c then asks Baker for “two.” Baker reaches to a window sill and removes two vials containing crack, hands them to the u/c who gives Baker $10. The u/c leaves the scene, radios a description of Able and Baker and watches, from a safe distance, as his back-up team swoops down and makes the arrest, recovering the rest of the “stash” by the window sill and the $10 bill in Baker’s pocket. 2. A police officer in plainclothes, lies on the floor on a subway platform, appearing drunk and asleep. He has several $20 bills sticking out of his pocket just ripe for the picking. And pick someone does. Charlie, a man with no criminal record, comes along, sees the sleeping “drunk”, bends down and takes one of the bills from the officer’s pocket. He walks away but is quickly apprehended and charged with grand larceny: taking property from the person of another (in New York, a low-level felony). Is either of these scenarios entrapment? Why or why not? What differentiates each of these examples, if anything? Compare and contrast these operations. For more Assignments visit...
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...Stu Dent v. State Sentencing Proposal The sentencing stage is the last part of the criminal trial. In the Stu Dent v. State case the outcome of the sentencing can very from charge to charge. The prosecution and Defense attorneys have rested their cases and the decision has been made in this case. The judge now take the arguments in to consideration and pass down a judgment on the sentence the defendant will face. The defendant is charged with Homicide, kidnapping, burglary, assault of a police officer, and possession of drugs. The facts that lead to homicide are Uma Opee was stabbed 13 times and the skin particles under the victim’s nails matched the DNA to Stu Dents. The facts leading to the assault on a police officer comes when he punched Officer T. Chur in the face and yelled "Alien". Kidnapping comes from the fact that Mr. Dents used rope to tie the victim and he stuffed her mouth with cloth. Burglary charges are result of Mr. Dents entering the victim’s apartment without permission to be there and having the intent to commit a crime within that residence. Mr. Dents is also charged with possession of drugs because in his house was drugs that were found, the same drug ecstasy with the "thumbs-up" imprint found at the victim's apartment. In the State v. Stu Dent case the charge of Homicide carries the most weight of any of the charges. Mr. Dents is charged with Murder due the fact that the victim was stabbed 13 times and evidence supported the fact that Mr. Dent was...
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...Sentencing Proposal Team B CJA/354 March 2, 2015 Jason Huskey Sentencing Proposal Uma Opee was the victim of a horrible, violent and deplorable crime. The overwhelming evidence against the man who took her life Stu Dents leads to just one ultimate conclusion, he should be punished to the full extent of the law without prejudice. In the case of Stu Dents v. The State of Texas we find the defendant guilty of kidnapping, and assault on a police officer in first degree. We find the defendant guilty of first degree kidnapping under the Texas penal code s.1232 with the imprisonment of a life sentence following the other criminal acts that occurred subsequently to this incident (Texas Kidnapping/Abduction Laws, 2010-2014). In the state of Texas, assaulting an officer is considered aggravated assault. This is a first degree offense in the state of Texas, and we sentence the defendant to an additional five years in prison (Assault & Battery Laws, n.d). The defendant, “intentionally commit[ed] the murder in the course of committing or attempting to commit kidnapping, burglary, robbery, aggravated sexual assault…” (Texas Criminal Homicide Law (1994) Therefore, we charge him with capital murder which has a sentence of the death penalty. As there is no total of weight for the drugs, we suggest the minimum punishment for possession of drugs which is, “Confinement in jail for a term of not more than 180 days, a fine not to exceed $2,000 or both” (SMU. (n.d)). This case, aside from the...
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...A team of students will study a case against Stu Dents and the murder of Uma Opee. Stu Dent was accused of murdering Uma Opee, whom he had a relationship with. His DNA was found at the scene of the crime under the victims figure nails. The victim’s body was found tire with rope, stabbed 13 times, and multiple bruises. On October 19th, Uma Opee’s body was found in a vacant building approximately five miles from her home. The day prior she had worked her shift at a local music store and after work walked to her home. The defendant in this case also reseated arrest and assault a police officer. In the case of State of North Carolina v. Stu Dents, the jury found the defendant Stu Dents guilty of the following crime: homicide, assault of a police officer, kidnapping, and crimes related to drugs. A proposal was developed to analyze how the charges against Stu Dent would be implemented along with sentencing and opposing arguments. A recap of charges, verdict, violations, and possible sentencing outcomes in the case will be analyzed according to North Carolina law. The defense and prosecution will provide opposing arguments in accordance with North Carolina to request concurrent sentencing. It will be vital for this team of students analyzing this case to provide closing arguments to support their recommendations and the laws under North Carolina to determine whether or not Stu Dents has enough to escape the charges against him. Charges and Verdict North Carolina Violations...
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...Criminal Law CJA/354 January 28, 2015 Pamela Collinshill Criminal Law While searching for a recent Supreme Court criminal case, I came across a recent Supreme Court ruling of a case that involved the decision of whether or not it is unconstitutional to impose a mandatory life-without-parole sentence on someone who is under the age of 18 at the time the crime is committed. The case that was brought to the Supreme Court, and that ultimately led to the decision that, yes, imposing mandatory life-without-parole onto a juvenile is unconstitutional, was the case of Miller v. Alabama. In the case of Miller v. Alabama, on the night of July 15, 2003, 14 year old Evan Miller committed a murder and then preceded to set the home on fire of where the murder was committed. He was charged with and convicted of capital murder in the course of arson and given the mandatory sentence of life without parole. What interested me about this case as well as the resulting Supreme Court ruling due to this case, is the fact that it deals with the issue of giving juveniles adult sentences. I personally do not believe that anyone who commits a crime whilst under the age of 18 should receive mandatory life without parole or death sentences, so I am in favor of the new Supreme Court ruling. However I am not saying that just because you are under the age of 18 that you should be let off easy. I still think that some harsh punishment and strict supervision is in order,...
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...Learning Team Charter Course | CJA 354 | All team members participated in the creation of this charter and agree with its contents (Please check) | Instructor | | Course Dates | | | Team Members / Contact InformationProvide each member's name and contact information. | Name | Team Member Skill InventoryIdentify each member's personal areas of strength and areas for improvement. | Name | Area of Contribution | Area for Improvement | | good communicator and good at giving oral presentations | writing, spelling,grammer | | good organizational skills and good team player | time management | | Presentational SkillsPublic Speaking | Time ManagementAPA | | Strong public speaker and technology oriented. | Time Management, writing grammer | | | | Learning Team Goal(s)Identify the group's goal(s) for the course. | * To complete each assignment as a team & have a successful outcome * To value what we learn in each class and utilize what we have learned to get the best grade possible in our team assignments as well as our individual assignments. | Achievement Barriers / Conflict ManagementIdentify potential barriers to the achievement of the team's goal. What preventive strategies can the team take to ensure success in this area? What action will be taken if it does occur? | Potential Barrier / Conflict | Preventive Strategy | Consequences | Team member withdraws | Communication | 1st- communicate...
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...Criminal Law Paper Jasmine Lee CJA 354 June 18 2012 Eric Winch Criminal Law Paper In 1982 a man by the name of Fernando Belmonte’s was convicted for murder of a nineteen year old female. In the case of this murder he was ultimately sentenced to death and he is now fighting for his life. The highlighted portion of this story is the actual incident itself. Belmont has been convicted and thought of as a monster from the case and its evidence was overwhelming. Belmont broke into the home of Stacy McConnell. His motive was robbery. He ended up hitting McConnell with a barbell and brutally murdered her. The object he stole from the home was a stereo. The value of the stereo was $100.00 dollars. McConnell lost her life for a $100.00 dollar stereo. In San Francisco the supreme courts are now faced with a decision to overturn Belmonte’s case for the third time. He has pushed to see that he is freed from the charges of murder however it is a decision that has been rejected in prior attempts. Nearly twenty years ago the Supreme Court sentenced Belmonte’s to death. Throught the twenty years of the case it has bounced in and out of the court rooms. Three times within the decade he has had his case overturned three times. The case is in a battle between the 9th circuit and the California prosecution has battled the case for the death penalty. The death penalty is often given in a court of law but, for the death penalty to actually be carried out is not...
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...Victims and Crime Evaluation paper Juan Martinez CJA/354 Criminal Law November 6, 2013 Alin Sahagian Victims and Crime Evaluation paper There are many different roles that take place in the criminal justice system some of those roles from the prosecutor, defense attorney, the criminal and of course the victim. The prosecutor presents the case against an offender to the court on behalf of the state. The prosecutor has a duty to tell the court about all the circumstances of the case and the facts of the offence. He will stand in front of the court and present to the judge explanations of harm committed to any victim of an offence. He provides the court with assistance on the sentencing range, and then he will identify relevant case laws and legislations that may apply to the case. The prosecutor can make submissions on an appropriate sentence and try to do everything reasonable to ensure the court is acting only on truthful information, and to protect the judge from making an error in sentencing that could lead to an appeal. Defense Attorney are there to perform an important role in the criminal justice system which is to ensure that their clients accused of a crime receive due process of law and enjoy every possible benefit from their talent that justice allows. The key participant to a defense attorney is the public morality that plays an essential characteristic of the criminal trial. The natures of the role require defense attorneys to perform a number of sometimes...
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...Criminal Justice Evaluation CJA/354 Criminal Justice Evaluation Criminal law defines what conduct is considered criminal. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. (Schmalleger, 2010) Criminal law protects society from harm, punishes individuals who have broken the law, maintains social order, rehabilitates offenders, and deters criminal activity (Schmalleger, 2010). The sources of criminal law include the U.S. Constitution, the Bill of Rights, statutes, ordinances, and regulations. According to the American Heritage Dictionary 2009, a jurisdiction is a “right or power to administer justice and to apply laws”. Jurisdictions include a territory, state, or entity in which the law is enforced. The United States has federalism which consists of two governments who have authority over Americans. These two governments are federal and state governments. Federal governments have authority over “interstate and international commerce, foreign relations, warfare, immigration, bankruptcy, civil rights, and certain crimes committed on the high seas and against the “law of nations” (international law)”. (Schmalleger, 2010, p. 26) State governments have jurisdiction over the welfare of the people within the state and local cities. State governments have the power to make laws to ensure the wellbeing of the people within the territory. Law enforcement agencies, and of the justice systems like the courts and the correctional system...
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...Criminal Law Paper Humberto Camacho CJA/354 Criminal Law July 13, 2015 Instructor Peter Lukevich Criminal Law Paper A recent Supreme Court Case that was decided was ARIZONA et al. v. UNITED STATES. This case was argued on April, 25, 2012 and a decision was made on June 25, 2012. This case came about in 2010 when the state of Arizona enacted a statute known as S.B. 1070. This statute addresses the large number of illegal aliens that are in the state of Arizona. “Fed up with illegal immigrants crossing from Mexico -- and what they say is the federal government's inability to stop it -- legislators in Arizona passed the tough immigration law in 2010. The federal government sued, saying that Arizona overreached.” I have been interested in this case since hearing about it. The first thing that actually came to my mind was racial profiling. I understand that the United States has a huge problem on their hands attempting to control this problem. It was interesting to me to see a state attempt to make a state law that would supersede federal law. As a police officer myself, I can see this becoming a racial profiling issue. Without certain guidelines in place, this would lead to many unanswered questions. The state that I reside in is Georgia. Georgia also has a high population of immigrants, so I am curious as to how this will turnout in the end and affect other states. According to "Supreme Court Of The United States " (2012), “The primary purpose of the law is...
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...Criminal Law Graham v. Connor Reference Use Only CJA/354 Do Not Plagiarize This is Not your paper Criminal Law Graham v. Connor Working for a law enforcement agency one must be able to make split second decisions regarding the use of force. Graham v. Connor, 490 U.S. 386 (1989) established the standard of “objective reasonableness” for law enforcement (Graham v. Connor, 1989). This case was heard by the Supreme Court after a diabetic man (Graham) was forcibly detained by law enforcement after he was suspected of a crime. The petitioner of this chase who is diabetic had asked his friend identified only as Berry to drive him to a convenience store to reverse the effects of an insulin reaction. When Graham entered the convenience store he noticed there was a long line for the register and quickly returned to the car driven by Berry. Graham got into the car asked Berry to drive him to a friend’s house. Officer Connor the respondent of this case observed Graham rapidly depart the store, and conducted a traffic stop after following the vehicle for a short time. Connor ordered Berry and Graham to wait while he determined if any crime occurred at the store. A backup officer handcuffed and detained Graham. This officer ignored or rejected Graham’s attempts to explain his illness and the situation. Graham was released when Connor determined no crime had occurred. The case was originally filed in the U.S. District court under 42 U.S.C. (1983) for a violation of his rights under...
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...Supreme Court Case Jamie Wallace CJA/354 August 5, 2012 Graham Quisenberry The Supreme Court case I chose for my assignment is titled “Supreme Court mostly rejects Arizona immigration law; gov says ‘heart’ remains.” Immigration is a controversial area for society and the law in United States, even more so after the terrorist attacks in 2001. The state of Arizona in April 2010 implemented laws that would crack down on immigration violators to protect the citizens of Arizona and the citizens of the United States. The summary of what this article covers is the U.S. Supreme court struck down key portions of a law that was enacted by the state of Arizona in April 2010. According to the Cohen (2012) website Arizona sought to deter illegal immigration that allows a provision to check a person’s immigration status while still enforcing other laws. The ruling behind the Supreme Court’s decision is that the federal government has the power that can block any law and all of Arizona’s authority figures must comply with the federal law when conducting any immigration status checks or they may face challenges considered to be unconstitutional. What interested me the most about the article is the controversy that surrounds this subject. Racial profiling is a controversial subject that brings much debate with it. When one looks at the law and what law enforcement officers do as part of their duty, at times there is racial profiling that will take place...
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