CRJ410 LAW

 

Assignment 5: Corrections and Victims’ Rights

 

Due Week 10 and worth 200 points

 

Go to the Federal Bureau of Prisons’ (BOP) Website, and review the “Resources For Victims & Witnesses,” located at http://www.bop.gov/resources/victim_resources.jsp. Next, go to the American Correctional Association Website, and review the ACA Code of Ethics, located at http://www.counseling.org/resources/aca-code-of-ethics.pdf. Lastly, go to Cornell University Law Schools’ Website, and review “18 U.S. Code Crime § 3771 – Crime victims’ rights,” located at http://www.law.cornell.edu/uscode/text/18/3771.

 

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

 

1) Examine the significant manner in which the Crime Victims’ Rights Act protects the rights of crime victims. Provide your opinion of the effectiveness of this piece of legislation. Justify your response.

 

2) Determine whether or not victim impact statements add value during sentencing and parole hearings. Provide a rationale for your response.

 

3) Debate which is more important to a victim: the right to be notified of proceeding or the right to participate in a proceeding. Provide a rationale for your response.

 

4) Review the following three (3) statements, and determine the key ethical responsibilities of corrections personnel associated with them.

 

1.      

a.     “Our job is not to punish.”

b.     “Legal liability issues.”

c.     “The rules don’t apply.”

 

5) Recommend two (2) strategies for ensuring that correctional employees (e.g., correctional staff, administrators, parole officers, probation officers, etc.) adhere to the ACA Code of Ethics.

 

6) Debate the importance of victims having a voice in the legal process.

 

7) Use at least three (3) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

 

 

HSA 515

Assignment 1: Legal Aspects of U.S. Health Care System Administration
Due Week 4 and worth 100 points

Prevailing wisdom reinforces the fact that working in U.S. health care administration in the 21st Century requires knowledge of the various aspects of health laws as they apply to dealing with medical professionals. Further, because U.S. health care administrators have to potentially interact with many levels of professionals beyond the medical profession, it is prudent that they are aware of any federal, state, and local laws that may be applicable to their organizations. Thus, their conduct is also subject to the letter of the law. They must evaluate the quality of their professional interactions and be mindful of the implications and ramifications of their decisions. 

You are employed as a top health administrator at the hypothetical Well Care Hospital in Happy Town. When you were hired, your pre-employment screening involved background checks into any violation of hospital medical misconduct during the last five (5) years. The results showed that you were in good standing with the hospital administration community. During the past year, you had to undergo training in personnel conduct, as well as in inter-employee conduct with medical staff, nurses, technologists, etc. During the past six (6) months, the hospital has been under scrutiny for breach of medical compliance.   

Note: You may create and / or make all necessary assumptions needed for the completion of this assignment.

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

  1. Articulate your position as the top administrator concerned about the importance of professional conduct within the health care setting. Justify your position.
  2. Ascertain the major ramifications of having professional staff compromise the boundaries of ethics and medical conduct.
  3. Analyze the four (4) elements required of a plaintiff to prove medical negligence.
  4. Discuss the overarching duties of the health care governing board in mitigating the effects of medical non-compliance, as they apply to the rules of practice set forth in the Well Care Hospital governing board’s manifesto. 
  5. Use at least five (5) quality academic resources in this assignment. Note: Wikipedia and other Websites do not quality as academic resources. 

Assignment

Locating and Integrating State Laws and Ethical CodesResources

  • Locating and Integrating State Laws and Ethical Codes Scoring Guide.
  • APA Style and Format.
  • How Do I Find Peer Reviewed Articles?
  • Locating and Integrating State Laws and Ethical Codes|Transcript.
  • Turnitin.

 

By now, you should have located several current sets of ethical standards used by various counseling professionals. For this assignment, reference the ACA Code of Ethics as well as any other ethical codes from professional organizations specific to your program (that is, ASCA’s 2010 Ethical Standards for School Counselors, AMHCA’s 2015Principles of AMHCA Code of Ethics, NBCC’s 2012Code of Ethics, NAADAC’s 2011 Code of Ethics).This assignment has three (3) parts.

Part One

Create an annotated reference list of ethical standards that includes at least two different ethical standards related to your program. An annotated reference list includes the citation for the document you located (in APA format); then, a brief description of the resources is included beneath the citation. The description should be written in your own words, paraphrasing the materials you’ve found (not using any direct quotes from the materials). Please format your annotated reference list to include the following three items:

Part Two

Document the location of the laws regulating the practice of counseling in your state. These will be the regulations that outline the requirements for becoming licensed/certified in the state, as well as the laws pertinent to the practice of counseling (such as requirements for continuing education, mandated reporting laws, and so on).

Do not use Counselor-License.com. The laws regulating the practice of counseling in your state can be found on your state counseling board website, or through your state counseling association. School counselors should check with the state board of education. There are also helpful resources found on the Capella Licensure Tool on iGuide. 

  • In your own words: Describe where you found these laws and include the link to the Web site.
  • How are notices about new laws and regulations in your state made available to practicing counselors? For example, some states allow counselors to sign up for email notices of new legislation; or it is published in the state counseling journals/newsletters. Do some research to find out how this information is provided in your own state and provide a brief description of how you will stay informed about new laws and pending legislation made available to counselors in your state. Include the full references to publications or links to Web sites where this information is provided.

Part Three

Use the presentation Locating and Integrating State Laws and Ethical Codes in this unit’s study (located in the assignment resources) to apply your knowledge of laws and ethical codes to particular issues:

Select three (3) issues from the presentation that may arise in the type of setting in which you will be workingand for each selected issue, complete the following:

  • Determine whether your response to the situation would be guided by an ethical standard, a state law, or both, for each issue.
  • Identify at least 2 specific state laws and 2 specific ethical standards that are relevant to each issue. In other words, list the code number for the applicable laws and the ethical standards. For example, if the case involves supervision of a counselor, I might reference the Ohio Revised Code (ORC) 4757-17-01 “Counseling supervision”, and the ACA (2014) code F.2.a. “Supervisor Preparation”.
  • Write a description of why these laws/standards are applicable in this case, considering how the specific laws and codes inform responsible counseling practice.
  • What are the specific decisions, actions, and/or steps you would take in order to behave in a legal, ethical, and professional manner?

Submission Requirements

Your paper should meet the following requirements:

  • Written communication: Develop accurate written communication and thoughts that convey the overall goals of the assignment and do not detract from the overall message. Your paper should demonstrate graduate-level writing skills.

  • References: Your reference listmust include:
    • The 2014ACACode of Ethicsand another relevant set of standards (ASCA, AMHCA, etc.) .
    • An APA-formatted link to your state’s rules and laws.
    • Distinguished submissions will likely exceed this minimum requirement.

You must use APA sixth edition style to format your references. Refer to the iGuide page APA Style and Format for more information.

  • Number of pages: The length of your paper should be 4-5 double-spaced pages.Note: Page count does not include cover page or references.
  • Formatting:Use 12-pt, Times New Roman font; MS Word documents only.Use APA sixth edition formatting, including correct in-text citations, proper punctuation, double-spacing throughout, proper headings and subheadings, no skipped lines before headings and subheadings, proper paragraph and block indentation, no bolding, and no bullets. Refer to the iGuide page APA Style and Format for more information.

Assignment 2: Digital Crime Theories

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

  1. Select two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime. Provide a rationale to support your response.
  2. Explain the manner in which the theory that you selected in Question 1 relates to crime in general.
  3. Determine one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Include one (1) example for each crime in question to support your response.
  4. Use at least three (3) quality references for 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.

Assignment 2: Digital Crime Theories

Criteria

Unacceptable

Below 60% F

Meets Minimum Expectations

60-69% D

Fair

70-79% C

Proficient

80-89% B

Exemplary

90-100% A

1. Select two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime.  Provide a rationale to support your response.

Weight: 30%

Did not submit or incompletely selected two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime.  Did not submit or incompletely provided a rationale to support your response.

Insufficiently selected two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime.  Insufficiently provided a rationale to support your response.

Partiallyselected two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime.  Partiallyprovided a rationale to support your response.

Satisfactorilyselected two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime. Satisfactorily provided a rationale to support your response.

Thoroughly selected two (2) of the theories, suggested in Chapter 3 of the text, that a researcher could use to explain the cause of digital crime.  Thoroughly provided a rationale to support your response.

2. Explain the manner in which the theory that you selected in Question 1 relates to crime in general.
Weight: 25%

Did not submit or incompletely explained the manner in which the theory that you selected in Question 1 relates to crime in general.

Insufficiently explained the manner in which the theory that you selected in Question 1 relates to crime in general.

Partially explained the manner in which the theory that you selected in Question 1 relates to crime in general.

Satisfactorilyexplained the manner in which the theory that you selected in Question 1 relates to crime in general.

Thoroughlyexplained the manner in which the theory that you selected in Question 1 relates to crime in general.

3. Determine one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Include one (1) example for each crime in question to support your response.

Weight: 30%

Did not submit or incompletely determined one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Did not submit or incompletely included one (1) example for each crime in question to support your response.

Insufficientlydetermined one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Insufficientlyincluded one (1) example for each crime in question to support your response.

Partiallydetermined one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Partially included one (1) example for each crime in question to support your response.

Satisfactorily determined one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Satisfactorily included one (1) example for each crime in question to support your response.

Thoroughlydetermined one (1) additional theory that a researcher could use to explain the cause of digital-crime and non-digital crime. Thoroughlyincluded one (1) example for each crime in question to support your response.

4. 3 references

Weight: 5%

No references provided

Does not meet the required number of references; all references poor quality choices.

Does not meet the required number of references; some references poor quality choices.

Meets number of required references; all references high quality choices.

Exceeds number of required references; all references high quality choices.

5. Clarity, writing mechanics, and formatting requirements

Weight: 10%

More than 8 errors present

7-8 errors present

5-6 errors present

3-4 errors present

0-2 errors present

criminal procedures

Analysis and Application: Police Encounters with Suspects and Evidence

The following case study presents issues related to various levels of police encounters with a suspect and potential criminal evidence and the legal justification required for those encounters.

Case Study:

Officer Taylor is on routine nighttime patrol when she notices a vehicle pass her driven by an African American female. The vehicle appears to have a broken taillight that appears to be covered with colored tape. She directs the driver to pull the car to the side of the road. The car is an older model gold Pontiac and as Officer Taylor walks to the driver-side of the vehicle, she remembers that a car fitting this general description was the suspected car in a recent road side killing of a fellow police officer.

The driver has long braids, tattoos, and a nose ring. As Officer Taylor looks at the driver, she thinks to herself, “Another one of those people we need to get off the streets.”

Wanting to make sure that she is safe, Officer Taylor asks the driver to step out of her vehicle for a brief pat-down for weapons. She pats her down and finding no weapons, Officer Taylor asks the driver to have a seat back inside her vehicle. Officer Taylor then asks the driver for her driver’s license and registration. Instead of providing her driver’s license and registration, the driver speeds away resulting in a high speed chase.

The chase ends when the fleeing car hits a telephone pole and crashes.

Concerned that the car may ignite in flames from a leaking gas tank, Officer Taylor removes the unconscious woman to a safe distance from the vehicle. Officer Taylor returns to the vehicle to locate the driver’s purse for identification. As she enters the vehicle, Officer Taylor notices the glove compartment has popped open and that underneath some documents is a gun which she retrieves. Officer Taylor also retrieves the driver’s purse from the floor on the passenger side of the vehicle. Officer Taylor opens the purse to get the woman’s identification and finds what appears to be a baggie of marijuana. It is later determined that this vehicle was not the car involved in the shooting death of the fellow officer. It is also later determined that the taillight was not broken.

Please answer the following questions explaining your answer in detail by analyzing the facts presented and other factors you consider relevant; defining and explaining key legal terms; and citing legal authority (your text and other legal authority) to support your conclusions in a 2–3 page paper (excluding the title page and reference page):

  1. Did Officer Taylor’s thoughts about “those people” influence her decision-making during this stop?
  2. Did Officer Taylor have reasonable suspicion to make the initial stop of this vehicle?
  3. Was the “pat-down” of the driver legal?
  4. Did exigent circumstances exist for Officer Taylor to give chase to this vehicle?
  5. Was the gun in “plain view” and legally obtained?
  6. Will the marijuana baggie be admissible evidence?

Note: This Assignment will require outside research. Use at least two credible sources beyond the text material, and discuss how you evaluated the credibility of the resources used. You may consult the Kaplan Online Library, the internet, the textbook, course material, and any other outside resources in supporting your task. Use proper citations in APA style.

  • The paper should contain a cover page and a list of references in APA format.
  • All internal citation of outside sources plus the listing of all references should also adhere to APA format.

Download the Unit 2 Assignment Checklist

Directions for Submitting Your Assignment

Submit your Assignment by selecting the Unit 2: Assignment in the Dropbox by the end of Unit 2.

 

ID: CJ227-02-10-A

Case Study

 

Case study 1 

 

Members of Students for Fair Tuition (SFT) decide to protest rising tuition costs at Gigantic State University (GSU) by taking over Dunfee Hall, the location of GSU president Dalton Chandler’s office. As they storm into the reception area of Chandler’s office suite, shouting “Down with fascist tuition increases,” Chandler’s faithful secretary, Prudence Pimply, picks up a phone to call the campus police. Steve Steel, radical leader of the SFT, slaps the phone knocking it from Prudence’s hand without ever touching her. He then pulls out an amazing lifelike squirt gun and threatens to blow Prudence’s head off if she so much as moves an inch toward the phone or the door. Prudence collapses in a sobbing heap on her desk. Unfortunately for their purposes, the students find the only door to Chandler’s third floor office locked from the inside. After a few feeble attempts to break it down, they contend with barricading his door with filing cabinets and singing “We Will Overcome” until the police arrive shortly thereafter. The total time elapsed from the moment the students entered the building until the police arrive is ten minutes. President Chandler was taking a nap and slept through the entire incident. Prudence was so upset that she couldn’t return to work for a week, and then only managed to do so under heavy doses of tranquilizers prescribed by her doctor, Morton Mallard. 

 

Consider the following when writing this essay: 

 Was a crime committed? 

 Was there any negligence involved in this case? 

 What laws and rights were violated? 

 Who should be held liable for the damages (physical and mental)? 

 Discuss the possible tort liability in this incident. Assault, battery, infliction of emotional distress, and false imprisonment all should be explored. 

 

Case study 2 

 

Steve Simple is a pledge in Zeta Iota Tau (ZIT) fraternity at Minor State Teachers College (MSTC). As part of his pledge duties, he is sent to climb the campus water tower to repaint the fraternity’s Greek letters, which had faded in the last year ( the tower has been covered, virtually throughout its existence, with graffiti placed on it by students). The night Steve climbs the tower a tremendous thunderstorm is in progress, making the steps quite slippery and exposing anyone climbing the tower to a great danger of being hit by lightning. Fortified by a six-pack of Hudepohl beer ($1.89 warm at the local convenience store), Steve nonetheless decides to make the attempt. Unfortunately, Steve is electrocuted halfway up the tower by a short circuit in the tower’s pumping mechanism. The short circuit was the result of a failure to perform proper maintenance (this being deferred by MSTC so that it could pay higher faculty salaries) and was something that had happened before (although only pigeons had been fried in the past). 

 

Prepare a written essay of the potential liability of all parties in this case. Consider the following: 

 Negligence 

 Fault 

 Chain of causation 

 Proximate cause 

 Assumption of risk 

 Contributory negligence 

 Comparative negligence

Week 4 DQ 2

Analyze a criminal case opinion issued by the U.S. Supreme Court, 2005 or later; explain the issue(s) in the case, the holding of the case, its basis, the number of justices for and against the opinion, and whether it set precedent (i.e., new law) or merely reaffirmed long-standing constitutional values. Identify the justice who authored the opinion, and provide that justice’s ideology. You may choose any case listed below, or locate a criminal U.S. Supreme Court case, 2005 or later, to analyze. It is recommended that your post contain approximately 400 words. 

Guided Response:
Building on the information garnered in the course from previous readings and assignments, critically evaluate one of the above U.S. Supreme Court cases. Can you see evidence of the court’s political leanings? Why or why not? Does anything in the majority opinion go against what you would consider to be the current court’s political leanings? Provide your own opinion of whether or not the court ruled and reasoned correctly; fully explain your opinion in either regard. Review your colleagues’ posts, and substantively respond to at least two of your peers. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7 of the week, and respond with robust dialogue to anyone who replies to your initial post.

Carefully review the Discussion Forum Grading Rubric for the criteria that will be used to evaluate this Discussion Thread.

 
 

A-2

Set up a mock crime scene of your choice and explain how you would deal with all the people on and around your crime scene. For example, if you had a traffic accident scene, take pictures of the scene and explain how you would handle it.

Submit at least four or five photos in a PowerPoint presentation with an explanation of the crime scene. Post your presentation in the Unit 2 Dropbox titled “Assignment”.

 

 

 

Critical Analysis Essay

“Public corruption is generally viewed as an obstacle to the development of a country. Many governments, international organizations, and aid agencies as well as donor-states have special agendas to fight the problem. Yet in the countries with high levels of corruption, arguments have been made that because corruption is pervasive, it has to have some benefit. While definitely not something to be proud of, public corruption is seen as an unavoidable side effect of development.”

Source: Law, Governance and Constitutions: International Debate Education Association. Retrieved from http://idebate.org/discussions/law-governance-and-constitutions/does-democracy-lead-bribery-and-corruption

  1. With this context in mind read the following items:Corruption: Causes, Consequences, and Cures, by U Myint, from the Asia-Pacific Development Journal.
    Source: Myint, U. (2000, Dec.) Corruption: Causes, consequences and cures. Asia-Pacific Development Journal,7(2) 33–58.
    The Corruption FAQ page at the website of Transparency International (TI). Take some time to browse the research resources on corruption at the TI website.
    Source: Transparency International: Archive Site. Retrieved from http://archive.transparency.org/news_room/faq/corruption_faq
  2. Write a 2- to 4-page critical essay addressing the following claim about corruption:

“Corruption is a Western concept and is not applicable to traditional societies, where corruption does not have such a negative meaning. Many traditional societies with a “gift culture” have a different understanding of civil responsibilities and etiquette. The social structure and political traditions of many countries are based on the beneficial exchange of rewards for services rendered, and cannot survive in its absence.” (Source: iDebate.org)

Answer the following questions in your essay:

  1. Do you agree with any part of this claim? If so which parts? If not, why not?
  2. What do the readings say on the topic of corruption as cultural tradition? What counterarguments do they make to the above assertion?
  3. How could gift-giving traditions be used by unscrupulous officials as a way to take advantage of people in the name of tradition?

Provide specific citation for any source used, be it the assigned readings, or other sources you may find during your research. Use at least two or more credible sources to support your claim or belief. You are encouraged to use the Kaplan online library, the Writing Center, and any other outside resources in supporting your task, using proper citations in APA style.

Note: Copying the counterargument from the iDebate Message Board on which this topic appears will not suffice, though you may use it as a guideline for your research.

Source: Debates: International Debate Education Association. http://idebate.org/debatabase/debates/politics/house-believes-bribery-sometimes-acceptable

The counterargument to the one above is as follows:

“The very idea of corruption is unethical, regardless of one’s tradition. Cultural relativism is just an attempt to legitimize corruption by the corrupted. Not enough evidence has been presented to support the suggestion that corruption is required by certain socio-cultural practices. Moreover, regarding corruption as an innate quality of human culture undermines the hope for any improvement and is inherently fatalistic, serving as an excuse for creating cultures of corruption and fear.”

Source: Discussion: International Debate Education Association. Retrieved from http://idebate.org/discussions/law-governance-and-constitutions/does-democracy-lead-bribery-and-corruption

You can view the full debate, along with other Pro and Con arguments at the website for the International Debate Education Association, specifically the Debate topic page titled: “This House Believes that Bribery is Sometimes Acceptable.

Source: Debates:International Debate Education Association. Retrieved from http://idebate.org/debatabase/debates/politics/house-believes-bribery-sometimes-acceptable

 

Note: Click the Directions icon below for additional criteria to follow for a successful paper.

 

 

                                Review Test Submission: Quiz-Week 4

 

                                Course  15SPBUS301350 BUSINESS LAW & ETHICS

 

                                                                Test Quiz-Week 4

 

 

 

Instructions        Complete the 5 multiple choice questions

 

Save your answers if you need to exit the quiz before you submit it. 

 

Results Displayed             All Answers, Submitted Answers, Correct Answers, Feedback

 

 

 

Question 1                                                                                                                                          2 out of 2 points

 

Which of the following is currently the test for determining whether conduct is or is not interstate commerce?

 

Question 2                                                                                                                                          2 out of 2 points

 

The balancing test:

 

Question 3                                                                                                                                          2 out of 2 points

 

Corporate political speech:

 

Question 4                                                                                                                                          2 out of 2 points

 

Sanctions that can be imposed by agencies include:

 

Question 5                                                                                                                                          2 out of 2 points

 

Which law simplified rulemaking for businesses?

 

Assistance

Summary and Brief These Cases;

1-Garcetti v. Ceballos 2006

 

2- Tinker v. Des Moines Independent Community School District (1969)

 

 

The requirements that my professor expect from me as what is: –

The first paragraph is your introductory paragraph.  Tell me why you are writing to me and a brief synopsis of what will follow: the cases you briefed. Then, spend a paragraph discussing substantively that participation. For example, discuss some points about the topic. Etc. So, explain the materials carefully (I will use these paragraphs to assist in my doing a qualitative measure of your participation). If a case, tell me about the case itself AND about the contribution you made in class. Remember, this is a thoughtful documentation, reflection and representation of your oral contribution and explanation of the substance of the materials.

       Explain whether you personally agree or disagree with those cases and whys. 

       How you correlate with your classmates.

       Free plagiarism. 

       Use your own words.

 

Form requirements:

       2 full pages, single space, but double space between paragraphs. Add some participate that I have agree with someone with my classmate.

       Do not indent paragraphs.

       italicize or underline the names of cases.

       1 inch margins on all sides and typed in 12 point Times Roman font. 

       I have attached my note for these Cases and will helps you A lot.

 

Please make sure follow these steps as what it is.