Law Enforcement Challenges

Assignment 3: Law Enforcement Challenges

 

Submit a three to four (3-4) page paper in which you:

  1. Explain, in detail, what you believe to be the greatest challenge facing law enforcement agencies investigating exploitation, cyber stalking, and obscenity. Provide a rationale for your response.
  2. Identify the specific challenges that overlapping of jurisdictions pose in the fight against cyber-crime. Next, propose salient solution(s) for overcoming the challenges in question. Justify your response.
  3. Discuss whether or not law officers from different states should have the ability to work with one another when a cyber-crime is carried out across state lines.
  4. Use at least three (3) quality references for this assignment. Note: Wikipedia and similar Websites do not qualify as quality resources.

International Crime Witness, Part 2 The country’s

Assignment 3: International Crime Witness, Part 2

The country’s (England) governing body asks you to return to the country and testify in the court proceedings. While you are abroad, your professor asks you to report on the court proceedings and correctional system.

Write a three to five (3-5) page paper in which you: (Country is England)
1)Analyze both the court system’s likely view on the accused’s rights, as well as the court system’s likely treatment of the defendant during trial proceedings. Provide support for the analysis.

2) Assuming the accused is ultimately sentenced to a term of imprisonment, depict the most likely experience the defendant will have within the country’s prison system. Provide justification for your view of the country’s prison system.

3) Expose two (2) ethical concerns you witnessed regarding the country’s court and correctional systems.

4) Provide one (1) recommendation for change within each of the systems (court and correctional). Provide justification for the recommendations.

5) Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Assault, Battery, and Crimes against Persons

Assignment 3: Assault, Battery, and Crimes against Persons
Due Week 10 and worth 190 points

Review the following scenario in order to complete this assignment:

(A) is walking alone late at night when a man suddenly jumps in front of her and drags her into an alley. The attacker strikes (A) and rips her clothes. Fortunately, (A) hits the attacker with a rock and runs to safety.

Use the Internet or Strayer databases to research assault, battery, and crimes against persons.

Write a four to six (4-6) page paper in which you:

  1. Compare and contrast the key similarities and differences between the crime of assault and the crime of battery. Provide one (1) example of each crime to support your response.
  2. Determine whether or not the jurisdiction in which the crime has occurred should consider the man’s actions as assault. Next, determine whether or not the jurisdiction should punish the man’s actions as battery. Justify your response.
  3. Suggest one (1) different fact pattern that would change the scenario from assault and / or battery to consensual touching. Support the validity of your response.

Consider the following change to the scenario. (A) is held against her will.

  1. Discuss the crime of false imprisonment. Next, debate whether or not the suggested change in Question 3 would allow the court to convict the attacker in order to punish him. Provide a rationale to support your response.
  2. Differentiate between the crimes of false imprisonment and kidnapping. Support or critique the notion that one of the two crimes is more heinous than the other. Justify your response.

Consider the following change to the scenario. (A) and the attacker are romantically linked and are having an argument. The attacker drags (A) in the alley to talk. (A) slaps the attacker.

  1. Debate whether or not (A)’s action would require the attacker to defend himself. Provide a rationale to support your response.
  2. Use at least three (3) quality academic resources in this assignment. Note: Wikipedia and similar type Websites do not qualify as academic resources.

The specific course learning outcomes associated with this assignment are:

  • Explain the role of individuals and federal, state, and local government agencies in crime fighting and prosecution of criminal offenses.
  • Analyze the essential legal elements of criminal conduct.
  • Explain the concept of criminal liability.
  • Apply the concept of criminal responsibility and give examples of justifications, excuses, and incapacity for criminal acts.
  • Contrast crimes against persons, crimes against property, and other types of criminal conduct.
  • Use technology and information resources to research issues in criminal law.
  • Write clearly and concisely about criminal law using proper writing mechanics.

Click here to view the grading rubric.

EDiscovery class 1.

Assignment: Assignment 3

EDiscovery class

1. What is the duty to preserve documents?

2. Has the introduction of electronically stored documents changed the duty to preserve documents?

3. Define spoliation and give at least four examples.

4. Does an attorney have a duty to learn about the issues in e-discovery? If so, why?

5. How has technology changed the concept of competence for lawyers?

6. What is the obligation of a litigation team to protect the confidences of clients?

7. What are the ethical issues in protecting confidential or privileged information in an age of electronic documents?

Employee vs Independent Contractor Instructions

Assignment 3 – Employee vs Independent Contractor
Instructions

This assignment requires you to analyze a set of hypothetical facts under a set of legal rules and reach a conclusion that you can defend.

The exercise aims to present you with a set of facts that you might reasonably encounter as an HR professional, and its objective is to help you develop the ability to critically analyze these facts and persuade a reasonable observer that you have reached the correct conclusion.

The Facts
Make-a-Bed is a furniture manufacturer and distributor with plants in Maryland, Pennsylvania and Delaware. The company’s president believed the company could save money by streamlining the manufacturing process and consolidating facilities. To accomplish this, the company advertised through regular want ads for a consultant/industrial engineer to oversee this process.

John Engineer applied for the job; his resume indicated that he ran his own consulting firm as a solo practitioner and had consulted on this type of project before.

The president decided that it would be better to hire John as an independent contractor than as an employee, as originally planned, because John was wrapping up some projects for other clients and couldn’t begin full-time work right away.

John was told that he would be expected to study the employer business and make recommendations as to how to accomplish the consolidation within one year. He was required to report regularly to the president on his work (every month), but was responsible for scheduling his own meetings and travel. It was agreed that John would budget approximately 20 hours of his time every week to the project and would be paid on an hourly basis, upon submission of an invoice each month.

John’s other business dried up and after a few months, he was devoting all his time to Make-a-Bed, though he continued to bill only 20 hours a week. John travelled frequently to the three factories, but was not reimbursed for his travel expenses.

After one year had passed, John had not made any formal recommendations about how to accomplish the consolidation project wanted by the business and was replaced by an outside professional consulting agency.

John filed a claim for unemployment benefits showing Make-a-Bed as the last employer. The company supplied a 1099 form to the unemployment office showing that John had been paid as a contractor, not an employee. The claim was denied, but John appealed and a hearing was held.

The Hearing
At the hearing, the company’s new HR director presented the president’s written statement along with his handwritten notes (but no contract) regarding the terms of the agreement with John to act as an independent contractor.

John testified that the terms presented in the handwritten notes were not familiar to him and he did not recall this discussion with the company president. Through testimony, it was shown that John was only able to complete work during normal business hours due to needing access to the business computer system and technical manuals.

John testified that he was also expected to notify HR when he would not be in for any reason and if he was going to arrive late or leave early. John had an office at the company, but also worked from home occasionally. While it was true that John submitted monthly bills for services, the bills were sometimes late, but a check was still issued on a normal payroll cycle from the business payroll account.

You explained that John was only allowed to perform services during normal business hours for security reasons and that the three factories were only open certain hours. There was no external way for any person to access the business computer system, so no employee “tele-commuted” and everyone came into the office every day.

You explained that a clerk had set up payments to the claimant in the employer payroll system in error. The payroll system was programmed to issue a check on certain intervals unless overridden. No one at the business had been aware of this until the hearing.

You testified that you didn’t think John had been required to notify HR about taking time off and that HR merely thought that John was being courteous by notifying them of time off, but had not expected or required it. You also informed the hearing judge that John did not receive any benefits such as vacation pay, or health or retirement benefits.

Imagine that you are the Unemployment Claims Hearing Office and that you must decide whether John should be characterized as an independent contractor or an employee. Draft an opinion stating your conclusion, and your reasoning for reaching this conclusion.
In formulating your Opinion:
1.Summary: Provide a 1-2 paragraph summary of the facts of the case.
2.Analysis: Find IRS Publication 15A on the Internet, review Section Two of that Publication and utilize the IRS 11-factor (common-law) test in conducting your analysis.
3.Conclusion: State whether John is an independent contractor or an employee and the reasons for your conclusion.

Describe risk mitigation. Identify and describe in detail three planning approaches discussed in the text book as opportunities to mitigate risk

    Exercise 3.1: What is risk management? How does it work? Describe this in your own words, giving an example from your own field of study. Also explain why the identification of risks, by listing assets and their vulnerabilities, is so important to the risk management process. Be thorough in your responses and go beyond the textbook to outside research to support your facts/reasoning. Also, be sure to properly cite your sources. (15 points)

  • Exercise 3.2: Describe risk mitigation. Identify and describe in detail three planning approaches discussed in the text book as opportunities to mitigate risk. Be thorough in your responses and go beyond the textbook to outside research to support your descriptions. Also, be sure to properly cite your sources. (15 points)
  • Exercise 3.3: Suppose XYZ Software Company has a new application development project, with projected revenues of $1,200,000. Using the XYZ table provided below, calculate the ARO, and ALE for each threat category listed that XYZ Software Company faces for this project. Present this information in a table format. (20 points)

Terrorist Organization

Assignment 2: Terrorist Organization

 

Due Week 9 and worth 50-point Due (Sunday, 3 Sept 2017)

Research a foreign terrorist organization of your choice.

  • Write a two to four (2-4) page paper in which you:
  • Describe the history of the organization.
  • Compare and contrast the organization’s primary beliefs, motives, and allies with another terrorist organization of your choice.
  • Discuss past actions and terroristic endeavors.
  • Discuss the present areas of operation, believed actions, and current status of the organization.
  • Analyze the actions taken by intelligence agencies to protect against the group’s current believed actions and describe the effectiveness of these measures.
  • Use at least three (3) quality resources in this assignment. Note: Wikipedia and similar Websites do not qualify as quality resources.
  • Your assignment must follow these formatting requirements:
  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Compare and contrast terrorism, terrorist groups, organized crime, and their financing activities and practices.
  • Analyze the role of intelligence and counterterrorism activities among federal agencies.
  • Describe future trends in homeland security and terrorist activities.
  • Use technology and information resources to research issues in homeland security.
  • Write clearly and concisely about topics related to Homeland Security Organization and Administration using proper writing mechanics and technical style conventions.

APA CHECK LIST

Before submitting your assignments, please use this APA Checklist to assist you in ensuring you met the assignment objectives.

  • Paper in Times New Roman Font 12. (Running head/Header/paper)
  • Running head: TITLE OF PAPER (CAPITALIZED) (Far left margin).
  • Page number (Start on page 1, far right corner).
  • Title page format correctly (see APA template).
  • Header: TITLE OF PAPER (CAPITALIZED)
  • Page two has title of paper (Located on top of page 2 below header, same as your title page).
  • When first using, acronym spell out before using abbreviation. i.e. Federal Bureau of Investigation (FBI); Department of Homeland Security (DHS); Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT).
  • The word ‘and’ should only use once in a sentence; Here are some alternatives for the word ‘and’: together with, along with, with, as well as, in addition to, also; besides, furthermore. Perform a “FIND” in Microsoft Office with the word ‘and’ should only be used once per-sentence.
  • Cited references (See APA citing). Example: When using APA format, follow the author-date method of in-text citation. This means that the author’s last name and the year of publication for the source should appear in the text, for example, (Jones, 1998), and a complete reference should appear in the reference list at the end of the paper.
  • Reference page (APA formatted correctly) Alphabetical order
  • Make sure throughout your paper, you divided your paper into title sections with headings. See APA template.
  • Read your paper Three times, looking for spelling, grammar and sentence structure.
  • You will need to submit your paper through SafeAssign

Revisions of Foundations of the Development and Functions of Police

Assignment 2: Revisions of Foundations of the Development and Functions of Police

To understand contemporary policing in America, it is essential to understand the history by looking at the past eras. The police have day-to-day practices influenced by deeply ingrained traditions.  It’s also necessary to comprehend how an officer’s career begins, from the academy to the street. The effective partnership between the police and the community must also be understood to better appreciate the development and functions of police.

Using the feedback you received from your professor from Assignment 1, revise your five to seven (5-7) page paper in which you:

  1. Compare and contrast the major characteristics of the political and reform eras of policing.
  2. Identify the skills and knowledge that are imparted to police trainees during their academy training and explain the importance of these skills in relation to real world applications.
  3. Provide your own definition of community-policing and explain the difference between community policing and traditional policing.
  4. Critically examine the important elements of implementation and evaluation phases of community policing and problem solving.
  5. Determine the top five (5) qualities that detectives and undercover officers need to possess (one [1] being the most important). Provide a rationale for your response.
  6. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

Legal Analysis Memorandum Pretend

Please take your time.

Assignment 2: Legal Analysis Memorandum

Pretend you are a new associate at a criminal defense firm in Washington DC. Write an internal memorandum to your supervising attorney regarding the legal issues of this particular fact pattern (see the memorandum from your supervisor below). Structure your paper as follows:

Using the five case links supplied below and your textbook and modules ONLY, evaluate the fact pattern to determine whether the evidence seized is admissible and whether there is proof beyond a reasonable doubt of the offenses charged. No other material should be used for this assignment.

Structure the body of your memo to the supervising attorney using the IRAC method:

I. Facts: Explain the material facts presented in the memo from the supervising attorney.

II. Issue: Based on the cases provided by the firm’s librarian and any additional authority from your textbook and modules, identify any legal issuesraised by the facts, beginning with (1) issues related to the 4th Amendment’s prohibition against unreasonable searches and seizures, including its right-to-privacy aspects and then any (2) issues related to proof beyond a reasonable doubt as to the crimes charged. Clearly state your legal conclusion as to each issue identified.

III. Rule: Based on the cases provided by the firm’s librarian and any additional authority from your textbook and modules, identify and articulate the relevant rule of law as it relates to each issue identified, including the law as it relates to whether the drugs and guns found should be admissible or not (e.g., stop and frisk, plain view, consent, search incident to arrest) and whether there is proof beyond a reasonable doubt as to the offenses charged.

IV. Analysis: Apply the relevant facts presented to the applicable rules of law in analyzing whether or not the evidence seized (drugs and guns) is admissible under the 4th Amendment and/or the holdings of any of the cases provided and whether there is proof beyond a reasonable doubt under the offenses charged.

V. Conclusion: Restate your legal opinion.

Case Law Supplied by the Firm’s Law Librarian

Mapp v. Ohio 367 U.S. 643 (1961) http://www.law.cornell.edu/supct/html/historics/USSC_CR_0367_0643_ZO.html

Minnesota v. Carter 525 U.S. 83 (1998)

http://www.law.cornell.edu/supct/html/97-1147.ZO.html

Rawlings v. Kentucky, 448 U.S. 98 (1980)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=448&invol=98

Horton v. California, 496 U.S. 128 (1990)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=496&invol=128

Florida v. Jardines U.S. Supreme Court (3013)

http://www.supremecourt.gov/opinions/12pdf/11-564_5426.pdf

Criminal Statutes provided by the Firm’s Law Librarian (Use ONLY the elements of the crime as described below.)

Possession of a Controlled Substance

Type of Offense: Misdemeanor. DC Code Citation: §48-904.01, §48-904.08

Charge Elements: The elements of this offense are as follows:

1. The defendant possessed a controlled substance.

2. The defendant did so knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.

Distribution of a Controlled Substance

Type of Offense: Felony. DC Code Citation: §48-904.01

Charge Elements: The elements of this offense are as follows:

1. The defendant distributed a controlled substance. To distribute means to transfer or to attempt to transfer an item to another person. The government need not prove that the defendant received or expected to receive anything of value in return.

2. The defendant distributed the controlled substance knowingly and intentionally. This means consciously, voluntarily, and on purpose, not mistakenly, accidentally, or inadvertently.

Unregistered Firearm

Type of Offense: Felony/Misdemeanor. DC Code Citation: §7-2502.01, §7-2507.06

Charge Elements: The elements of this offense are as follows:

1. The defendant knowingly possessed a firearm.

2. The defendant did so knowingly and intentionally.

3. The defendant had not registered the firearm as required by District of Columbia law.

Fact Pattern supplied by your Supervisor

Memorandum

To: Junior Associate

From: Supervising Attorney

Re: DC v. Blake

Mr. Jonathan Blake, a new client of the firm, recently requested our legal services in a criminal matter.

Mr. Blake was recently arrested for possession of a controlled substance by the Metropolitan Police Department. According to Mr. Blake, the facts are as follows: Jessie Smith and his wife are the co-owners of a residence at 3630 16th St. NW, Washington DC, 20015. Jessie Smith and Jonathan Blake run a catering business in the Smiths’ basement.

Jonathan Blake was at the Smiths’ house on Sunday, February 6, 2011, watching the Super Bowl.

Mr. Blake and two other guests were sitting on the couch watching television and smoking marijuana. The Smiths’ home has a very large living room window. Police officers responded to a call from a neighbor about noise emanating from the Smith household. Officers observed Mr. Blake and his friends smoking marijuana through the large living room window. Officers also observed Mr. Blake hand a baggie of white powder to someone standing near the couch.

Officers then knocked on the door. After hiding the drugs, Mr. Smith opened the door and granted the officers access. When the officers came inside, they informed Mr. Blake and his friends that they had witnessed the transfer of a baggie of white powder between Mr. Blake 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 shotgun sandwiched between the cushions of the couch near Mr. Blake. Upon further inspection, the officers discovered three other firearms underneath the same couch. None of the firearms were registered as required by DC law and the ownership of all four is in dispute.

The officers then conducted a pat-down search of Mr. Blake and everyone else in the room. The officers found that Mr. Blake had on his person a large amount of suspected marijuana, suspected cocaine, and money ($400). Another occupant of the room, the one to which officers saw Blake hand a baggie of white powder, had a baggie of suspected cocaine (white powder) in his possession. Mr. Blake was then charged with possession of a controlled substance, distribution of a controlled substance, and possession of an unregistered firearm. Cocaine and Marijuana are “controlled substances” under the relevant statutes and chemical tests done on the substances seized confirmed they were, in fact, “marijuana” and “cocaine”.

Format Requirements

  • Paper should be a minimum of five pages (1250 words)
  • Double space
  • 12 pt. font
  • 1″ margins
  • Use APA citations for all sources
  • Include APA reference page (not included in word count)

Additionally,

  • Create a cover page for your assignment (not included in page count)
  • Include your name
  • Course title and number
  • Project title
  • Topic selected
  • Date of submission

Leading Reformers in Criminal Justice

Assignment 2: Leading Reformers in Criminal Justice

Read KANIA, chapter three.

In no more than 300 words, write a position note using Microsoft Word or a similar text editor on which of the leading reformers in policing, corrections or jurisprudence made the greatest contribution to their field. Explain your position – say why. When you have completed the assignment, cut and paste your position note into the text box.

The second part of this assignment is to discuss your position on-line with other students. Click on the “Reply” link under a posted position note to discuss that student’s position. I recommend to all of you that we limit depth of response levels to 2 or 3 for simplicity.

Due Saturday, 9-3-2016 by 11:59pm