I would like you to incorporate the defining characteristics of a serial killer within your essay. It will 1 page in length and you may use your notes and texts as references. Format is APAand will be 1 page in length.
How can one argue that the novel Frankenstein is a serial killer novel? We discussed this at length in class; however, the debate continues on whether or not the novel is a viable representation of a serial killer. Construct an essay that argues for or against this representation.
The Supreme Court is unique in its ability to rule. Appointed by the president and confirmed by the Senate, Supreme Court justices serve for life. For this reason, justices do not have to appease voters and campaign contributors to keep their positions. Therefore, the Supreme Court can make unbiased rulings based on its interpretations of the Constitution; this differs from elected officials who must answer to voters to get reelected. The ability for the justices to interpret law with an unbiased lens often puts them ahead of the curve (and public opinion) on cultural and social issues.
For example, in the landmark Supreme Court case Brown v. The Board of Education of Topeka, Kansas, the justices ruled in favor of desegregation. At the time, the idea of racial integration in schools was extremely unpopular. The unpopularity of the Supreme Court’s decision was made evident in the ensuing public outcry as well as the response by government officials. Immediately after the decision, the Arkansas governor at the time, Orval Faubus, ordered the National Guard of Arkansas to block “Little Rock Nine” students from entering into the previously white-only school. Even after the Supreme Court had made its final decision, Governor Faubus didn’t budge. It took President Eisenhower to send the 101st Airborne Army Division to enforce the Supreme Court’s ruling.
TO PREPARE:
Select a Supreme Court case related to civil rights, but unrelated to race, in which the decision did not coincide with public opinion. Think about how the policy effected by the decision impacted society.
Provide a brief description of the case you selected. Then, explain how the case did or might influence federal, state, and/or local public policies. Be specific and use examples to illustrate your explanation. Finally, with the case you selected in mind, explain at least one strength and one limitation of Supreme Court justices being insulated from public opinion. Be specific.
Support your response using the Learning Resources and other scholarly resources.
Now that we’ve learned about the different types of government, let’s think about which type would be most effective in this fictional situation.
You and a group of classmates have been stranded on a deserted island. There are 20 of you that survived the plane crash as you were on your way to Hawaii for a spring break trip. You were not able to salvage any supplies, so the only resources you have are those on the island. Your immediate reaction is to find food and shelter. You also realize the need for some form of rules to keep people safe until you can be rescued.
You decide that it’s necessary to create a government for your civilization. Consider the following questions. Submit your responses using the dropbox location for the “Stranded” activity.
Would there be any laws to control how you lived, what right or freedoms you exercised, or what property you had? Why?
Considering the key terms from this unit, what type or form of government would be best suited for you situation? Why?
Would anyone have the right to govern you? Would you have the right to govern anyone else? Why?
Would you have any rights? What might these rights be?
Review the domestic violence (DV) wheel (also referred to as the Duluth model), discuss the categories, and give examples of each.
Key Assignment
In this course, you will assume the role of a domestic violence victim advocate. Consider the scenario of the King family. For the Key Assignment, you will draft a memo to your supervisor, detailing what would be the best possible intervention options for the King family. The memo will include the following components:
Prepare a 8- to 10-slides presentation in Microsoft PowerPoint that addresses the following points. Your slides should be easy to read in a presentation setting.
Trace the evolution of the US police system from the “political” era to the present.
Analyze how events outside the control of the police have impacted the police.
Analyze and explain the elements of today’s police structure and functions that were influenced by the military.
Analyze how the 1982 “Broken Windows” article impacted police departments in the United States. Include a discussion of the recruiting and training process and analyze how these are different under community policing than under traditional law enforcement.
Present the additional information in the Notes section of your presentation.
Pretend you are a new associate attorney at a criminal law firm in Annapolis, Maryland. Using the criminal statutes and specific case links provided below, submit a three to five page internal memorandum to your supervising attorney identifying and evaluating the legal issues raised in the factual scenario and applying any applicable law set forth in those cases. For purposes of the assignment, you should assume the statutes provided apply. In addition to the materials provided and your class materials, include at least one secondary source to support your explanation of the issues of this fact pattern or to support your legal opinion. No other material should be used for this assignment.
The memorandum should address the following questions: (1) Is the evidence seized within the residence and on the client and other occupants admissible against our client in the pending criminal trial; and (2) Is the evidence sufficient to convict him of distribution of a controlled dangerous substance, possession of a controlled dangerous substance and/or wearing, carrying and/or transporting a handgun. (use of firearm in connection with drug trafficking crime).
I. Facts – Summarize the material facts as set forth in the memorandum from the supervising attorney
II. Issue: State the specific legal questions to be addressed in the memorandum
III. Rule: Using the cases provided and your class materials, identify and explain any legal standards, rules and procedures applicable to resolving the issues raised.
IV. Analysis: Evaluate the legal issues raised by applying the identified legal standards, rules and procedures to the specific facts of the scenario.
Criminal Statutes provided by the Firm’s Law Librarian (Use ONLY the elements of the crime as described below.)
§5–602. – Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance
Except as otherwise provided in this title, a person may not:
(1) distribute or dispense a controlled dangerous substance; or
(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.
§5–607. Penalties – Certain Crimes
(a) Except as provided in §§ 5–608 and 5–609 of this subtitle, a person who violates a provision of §§ 5–602 through 5–606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.
§ 5-601. Possessing or administering controlled dangerous substance.
(a) In general. — Except as otherwise provided in this title, a person may not:
(1) possess or administer to another a controlled dangerous substance, unless obtained directly or by prescription or order from an authorized provider acting in the course of professional practice; or
(1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(i) for a first conviction, imprisonment not exceeding 1 year or a fine not exceeding $ 5,000 or both;
(ii) for a second or third conviction, imprisonment not exceeding 18 months or a fine not exceeding $ 5,000 or both; or
(iii) for a fourth or subsequent conviction, imprisonment not exceeding 2 years or a fine not exceeding $ 5,000 or both.
(2)
(i) Except as provided in subparagraph (ii) of this paragraph, a person whose violation of this section involves the use or possession of marijuana is guilty of a misdemeanor of possession of marijuana and is subject to imprisonment not exceeding 6 months or a fine not exceeding $ 1,000 or both.
(ii)
1. A first finding of guilt under this section involving the use or possession of less than 10 grams of marijuana is a civil offense punishable by a fine not exceeding $ 100.
§5–621. Use of weapon as separate crime
a) (1) In this section the following words have the meanings indicated.
(2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5–602 through 5–609 and 5–614 of this subtitle.
(3) “Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.
(b) During and in relation to a drug trafficking crime, a person may not:
(1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or
(2) use, wear, carry, or transport a firearm.
(c) (1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:
(i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or
(ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.
(2) (i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.
(ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.
(3) (i) A court may not suspend any part of a mandatory minimum sentence.
§ 4-203. Wearing, carrying, or transporting handgun
(1) Except as provided in subsection (b) of this section, a person may not:
(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;
(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.
(c) Penalty. —
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.
(2) If the person has not previously been convicted … the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both
Fact Pattern supplied by your Supervisor (#1)
Memorandum
To: Junior Associate
From: Supervising Attorney
Re: State of MD v. Chung
Mr. Jonathan Chung, a new client of the firm, recently requested our legal services in a criminal matter.
Mr. Chung was recently arrested for distribution and possession of a controlled substance and weapon offenses by the Anne Arundel County, MD police department. According to Mr. Chung, the facts are as follows: Julio Manga and his wife are the co-owners of a residence at 123 10th St. Annapolis, MD. Jonathan Chung was at the Manga’s house on Sunday, February 10, 2018, watching the Super Bowl. A concerned citizen contacted 911 and reported that the occupants of the home were selling drugs out of the home and were presently smoking marijuana and that one individual identified as “Chung” had a handgun in his waistband as he entered the residence. Based on the 911 call, Officers responded to the residence.
The Manga’s’ home has a very large living room window and while walking up to the front door, officers observed through the window Mr. Chung and two other guests sitting on the couch watching television and smoking something. They also detected a distinct odor coming from the residence and observed Mr. Chung hand a very large baggie of greenish-brown matter next to someone standing near the couch. Based on the officers’ training, knowledge and experience, the particular smoking device being used and the distinct odor they detected, the officers reasonably believed the substance the occupants were smoking and contained within the large baggie was marijuana.
Officers then knocked on the door. After hiding the drugs, Mr. Manga opened the door and granted the officers access. When the officers came inside, they informed Mr. Chung and his friends that they had witnessed the transfer of a baggie of marijuana between Mr. Chung and another gentleman and that everyone in the room had been observed smoking marijuana through the living room window. Police then observed what looked like a handgun sandwiched between the cushions of the couch near Mr. Chung and upon further inspection discovered three additional handguns underneath the same couch. The officers then conducted pat-downs of Mr. Chung and everyone else in the room. On Mr. Chung’s person, the officers recovered two digital scales and $1,541 in cash. On the person to whom Mr. Chung had handed the large baggie of greenish-brown matter, officers recovered a large baggie of marijuana. Mr. Chung was then charged with distribution of a controlled dangerous substance, possession of a controlled dangerous substance and four counts of wear, carry and/or transport of a handgun. None of the guns are properly registered and none of the occupants have valid permits to carry any firearms. The ownership of the handguns is in dispute.
Reflect: This week, we will continue the process of creating a professional research proposal. You will again apply what you have learned in POL470, this course, and your other political science courses to the development of this research proposal. Specifically, the introduction of your research proposal should provide your audience with a clear understanding of what you want to accomplish, and they should have a sense that this topic is important to you and that you are excited about this research and the potential results. In addition, the introduction should provide your audience with more information about your research question, and you should explain your research hypothesis or hypotheses. The additional information should also link your topic and hypothesis to the broader academic fields of study that encompass your research. Additionally, the introduction should explain what research designs/methods will be utilized in your research project. Finally, your proposal should determine some of the potential benefits that could result or accrue from your study. The introduction is an excellent opportunity to convince other political science professionals that you know what you are doing, that your topic is worth the effort, and that you will add something significant to the knowledge base of the profession of political science.
Write: In your essay of at least 5 pages, complete the following:
Discuss your research question.
State your research question and make sure it is clear and concise.
Is the research question feasible? Why or why not?
This assignment will explore the environment in which the law enforcement function is performed. Provide your answers in a 5- to 6-page Microsoft Word document that addresses the following areas:
Analyze the influence of the criminal justice model on the structure and mission of a local police department. In other words, how would a police department exhibit different structure and procedures under the crime control model than it would under the due process model?
Discuss the relationship between neighborhood disorder and crime. What should be the role of the police in dealing with elements of neighborhood disorder, such as abandoned property, inoperative streetlights, and the like?
How the mission and the structure of a police department or sheriff’s office would differ between urban and rural areas?
What is social disorganization and how does it contribute to criminality? Analyze whether nonconforming behavior a result of poverty. Should poverty or social disorganization be a consideration when an offender is being sentenced?
What role should politicians play in determining the structure and role of local police? In what ways can a local or state-level politician address crime by dealing with social disorganization? Consider the theories discussed earlier in the course.
“…This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding…”
This clause, often referred to as the Supremacy Clause, demonstrates that treaties are elevated to a status over that of state laws. While not done as clearly, courts have also given executive agreements that same elevated status. However, while treaties and executive agreements are supreme over state law, they are not necessarily equal to one another. Moreover, not all treaties are enforceable in domestic courts.
How and where treaties are enforceable has been a fluid concept in America’s history, and it remains so to this day. The article linked below examines the history of the enforcement of treaties in U.S. courts and where we stand today on the issue. The article also makes suggestions of how to better allow for direct enforcement of treaties.
Read the article critically, gauging your response to its conclusions.
Based on the journal article, consider the following questions:
What factors are involved in determining whether an international treaty is “binding” or enforceable in U.S. courts? Is this list sufficient? Should other factors be involved? If so, what and why?
Should the process make access to domestic courts for enforcement, or private rights of action, more or less difficult? What reasoning supports your position?
APA format and in-text citations with reference page
The basic purpose for briefing a case is to help you understand the particular legal issues of the case, learn the proper universally accepted format and to refresh your memory on the significant portions of the case later as needed.
Each student will brief a case in the requested format that deals with some aspect of the emergency services. Each individual will present their brief in class, explaining all pertinent facts, concluding with a discussion of how we personally can avoid such a pitfall. Your case must have been tried in a court of law and may not be taken from those listed in the texts.
Instead, you must perform credible research regarding your case (LexisNexis database; findlaw.com etc.) or another acceptable law specific database … not Wikipedia, a fire publication etc; seek librarian help if necessary.
Each brief should be at least 3 pages in length with a thorough discussion of potential policy implications as related to some aspect of the emergency services. The written brief will be worth 50 points, with another 50 points credited when adequately presented in class with a provided teaching outline (10 points extra credit if you attend all sessions of students briefing). Proper formatting, grammar and spelling will count for a significant part of your grade, so edit your work carefully. Your case brief must follow the model described in class. Briefs must be typed double-spaced with 1″ margins. No fonts larger than 12 point are to be used. You will be prepared to fully discuss/explain your findings in class
Read the summary of the Wrench LLC v. Taco Bell Corporation case in the “Ethics: Implied-in-Fact Contract Prevents Unjust Result” section of Ch. 9. It is suggested that you also research and read the full court opinion, using the summary in the textbook to aid your understanding of the legal issues presented.
Write a 700- to 1,050-word paper using Microsoft® Word to address the following questions:
What type of intellectual property was at issue in this case? Were these ideas entitled to protection under the law?
Explain the difference between an implied-in-law (quasi contract) and an implied-in-fact contract. What type of contract was at issue in this case?
Explain what the parties could have done differently to protect their rights and avoid this dispute.
Explain how a properly written contract could have been utilized for the licensing and use of the intellectual property to prevent the issue, and provide terms you would recommend be included in such a contract.
Identify and explain each of the elements that would have been necessary to form a valid contract.
A treaty can have the same force and effect of law domestically as does a statute. However, both are subject to the U.S. Constitution. When a treaty and a statute are in conflict with one another, the one enacted or created “last in time,” meaning most recently, controls. Where a treaty, for various reasons, cannot be enforced in domestic courts, that treaty still has the force and effect of international law.
Some treaties are self-executing while others are not. If self-executing, the treaty creates rights and duties without the need for implementing legislation and is typically enforceable in the U.S. legal system. A non-self-executing treaty must be implemented by statute. No consensus exists as to which is which, or whether a treaty is presumed to be one over the other. In fact, in 2008, the Senate Foreign Relations Committee changed the format of its reports on pending treaties to include in its draft resolution the self- or non-self-executing nature of treaty provisions. While this helps the dilemma going forward, it does not affect prior agreements.
In the 1998 case of Breard v. Greene, the United States was placed at odds with the International Court of Justice when an international agreement and a subsequently enacted U.S. statute conflicted with one another. The United States Supreme Court had to determine what rights and obligations were superior.
A decade later, in Medellin v. Texas, the Supreme Court took a look at the obligation (or lack thereof) — of American states to obey a judgment of the World Court on the legal rights of foreign nationals arrested and prosecuted for crimes in those states.
Before attempting your case briefs, you may want to review the example given in: Methodology for Legal Analysis (PDF). (Links to an external site.)Links to an external site.Each brief should typically be no more than one typed page (two if double-spaced). Remember to use your own words in summarizing the case as this helps to assure you really understand what the case is about.
The brief for each case should contain the case name and citation, the facts, the issue, the Court’s holding, and the Court’s reasoning. The reasoning will be broken down into the majority opinion and then any concurrences or dissents (though these may be more concise than the majority’s rationale).
After briefing both cases, write a paragraph or two stating how the Court’s interpretation of international obligations versus domestic laws has evolved. Elaborate upon the implications of the Court’s holdings and reasoning for future cases where international agreements and domestic laws conflict.
The newly-elected governor of your state is considering whether to support or reject the death penalty. She has assigned you the task of putting together a presentation to educate her and her staff. Prepare a presentation of 6- to 7- slides in Microsoft PowerPoint. Use the “Notes” area to elaborate as needed. Be sure to include the following issues:
What are the roles of aggravating and mitigating circumstances in the sentencing process? Explain.
In recent years, are states adopting or rejecting the death penalty? Explain.
Among the states that do utilize the death penalty, what has been the trend in recent years? Find out whether the number of actual executions increasing or decreasing. Are offenders being sentenced to death more frequently or less frequently?
Conclude with a well-supported recommendation for the governor. It is permissible to make a recommendation that does not conform to the trends that have been identified, as long as you support your position appropriately?
Throughout the course, you have been considering how the general community and the “will of the people” influence the criminal justice policy. You applied this concept to law enforcement and now will turn to corrections. As you have seen, elected officials are the primary connection between the populace and the government. By enacting laws, politicians translate the wishes of the voters into policy. For this discussion:
Describe the laws passed in the 1990s that relate to corrections and sentencing. What are the three changes that had the effect of keeping offenders incarcerated for longer periods of time, and for more crimes?
Analyze at least five effects these “get tough” policies have had. Are these negative effects are an acceptable price to pay for lower crime rates?
Your assignment is to write a response, on your belief, if racial discrimination truly exists within the criminal justice system. Your response must be specific and you must include facts to support your position. In addition, you are to provide examples supporting your position.
Your paper should go beyond the obvious, be written at a graduate level, and must be no less than 1200 words. You must use no less than three additional resources (other than your required text) that support your position. All resources used must be properly cited using the APA style.
For credit, in your response, you must include at least three journal articles that support your information. The journal articles to be used must come from the Saint Leo University Online Library. Instructions for locating journal articles are found in the Resources section. Remember, all resources including, but not limited to, journals, magazines, and/or books must be properly cited using the APA style. Make sure that you follow the exact way to cite your references.
