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Table of Contents:
Resume…………………………………………………………………………………………2
Professional References…………………………………………………….3
Exemplars of my Work……………………………………………...........5
Statementof CriminalJusticePhilosophy…………………………23
ExecutiveSummary………………………………………………………….26
FiveYear Plan (Samples Available)
Audio Visual
Projects…………………………………………………………………………….3
(Availablefor viewingupon request.)
JusticeReform Proposal……………………………………………………36
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Stacy Jones 273 South Copper Drive
Apache Junction, AZ 85120
cell: (928) 263-8549
stacywingjones@yahoo.com
Objectives
Assistthe communityandoffendersinprovidingtoolstoreduce crime andpromote recidivismand
reformto bringforthproductive members of society.
Experience
NAZCARE-Center Manager, Apache Junction, AZ
10/02/2015-present
Provide BehavioralHealthexperience andtoolstoassistindrug education,mental healthsupportand
recovery,justice reform, andcompliance withcourtorderprogramsandtreatment.
Dailyoperationsof centertorun efficiently,full staffed,incompliance withState of Arizona,andwork
withhealthcare providers,families,andcourtto assistmembersinrecoverygoals.
BKASSETS, Mesa Arizona
4/05/2003-3/6/2009
AssistTrusteesandAttorneysnationwide withFederal BankruptcyCourtdocumentperpetration,
discovery,andschedulesof debtors.ConstantcommunicationwithcourtsandTrusteesregarding
abandonmentorsale of assetto secure fundsforcreditors.
Auto Zone Inc., -Commercial Manager Mesa Arizona
2/7/1999-11/07/2003
Effectivelyensureparts were suppliedtocommercial clientswhilemanagingstaff toensure speedyand
safe deliveryof goods.
3
SKILLS
 Proficiency Microsoft, Internet
 Dissertation
 Legal Research
 Community Outreach
 National Peer Support Specialist Certification
 Behavior Health Professional (pending)
 SMART Recovery, addictions specialist
 Managerial skills
 Daily Operations, Facility Functions
 Crisis Management
 Working with Diverse Populations
 Advocacy
 Prevention Services
 Monthly Reporting of Progress to Courts and Providers
 Clinical Documentation
 Efficiently managed caseloads of 185 persons
AWARDS
 War on Drugs Essay, 1998
 Presidents List, 2004-2015
 Magna Cum Laude 2004-2015
 National Society of Collegiate Scholars, Academically Nominated Lifelong Member
ACOMPISHMENTS
 Communicated effectively to break barriers of communication to build rapport
 Facilitated ART meeting with courts and behavior health providers to manage care
 Successfully managed daily operations of center and center staff
 Handled crisis situations immediately to preserve life and prevent harm of self or others
 Worked with courts ensuring mental health and reform progress was accomplished
 Securing housing, treatment, and training to improve quality of life
 Facilitated groups promoting recovery
 Strengthened resources and community relationships through outreach
 Provided resources to assist in focusing on freedom, mind, body, and well being
 Mediated family support and tools to transition from incarceration & inpatient institutions
to stability
 Positively reduced barriers in care
4
EDUCATION
Masters Criminal Justice Grand Canyon University 2015-2016
Emphasis: Legal Studies 3.6 GPA
Bachelor Criminal Justice Grand Canyon University 2014-2012
Grade: Distinction 3.9
Associate Criminal Justice Everest University 2009-2011
Grade: Distinction 4.0
References: Available Upon Request
5
Exemplars of Writing “My” Graduate Courses
6
Stacy Jones
Attorney at Law
156 Oak Street
Central City, CA 91111
Tel. 510-555-1212 Fax, 510-555-1211
October 26, 2016
Tim Money Statutory Agent
Collect ‘R Else
Collection Agency
78 Winding Road
Central City, CA 91111
Re: Dora Speckles
Dear Tim Money:
I am writing on behalf of my client Dora Speckles, regarding her claim for civil injuries due to
Dora under the violation of Fair Debt Collection Practices Act. I have been advised to direct my
correspondence directly to you as the Statutory Agent for Collect ‘R Else. After reviewing the
recorded calls made to my client in violation of (cite communication fair debt statute) and the
statement from my client’s former employer Allied Title Company stating reason for
termination, I conclude a violation of the fair debt practices has occurred through communication
with Collect ‘R Else towards my client. I find Collect ‘R Else civilly liable for damages to Dora
Speckles and strongly feel an early settlement is in the best interest of both parties. The
following information provides sufficient justification for our offer of settlement.
Factual Basis
Dora Speckles, my client acquired $7,000 worth of credit card debt due being uninured in a
health related issue. My client was unable to work for health related reasons for several months
and subsequently unable to make payments towards the $7,000 debt. Once Dora was physically
7
able to work, she obtained at job at a small business office. The account for the debt of $7,000
was turned over to your collection agency Collect R’ Else via the credit card authority. Collect
‘R Else discovered Dora Speckles place of employment and began to place calls to her place of
employment, Allied Title Company. Various telephone recordings reflect Collect ‘R Else
demanding immediate payment on the debt owed. The telephone recordings also show Dora
Speckles requesting calls not to be made to her place of employment as it is a violation of Allied
Title Company policy and could result in termination. Dora was heard on numerous calls stating,
“non-emergency calls were not allowed at work and demanded the calls cease”. Even still, Dora
received a call from Collect ‘R Else daily over the period of two weeks. Dora Speckles
employment was terminated. Confirmation from Allied Title Company notes, Dora worked as a
receptionist and was fired due to the constant personal calls. Dora Speckles suffered from
depression and anxiety as a result of losing her job and fear of losing current job once Collect ‘R
Else discovered the current place of employment. A copy of the recorded phone calls, transcripts,
and statement from Allied Title Company is enclosed with this correspondence. I am legally
informing you to cease further direct contact with Debora Speckles at any place of employment
or at home. I am also demanding damages for your conduct under the Fair Debt Collection
Practices Act: Communication in connection with debt collect [15 U.S.C.1692c].
Legal Basis
The law in this case is very clear. Collect ‘R Else has violated the rights of Dora S. under The
Fair Debt Collection Practices Act: Communication in connection with debt collect [15
U.S.C.1692c]. General Communication with the Consumer: The law states you are not legally
allowed to communicate with a consumer in connection with any debt without prior consent
from the consumer given directly to Collect ‘R Else or the express permission from the court of
competent jurisdiction. You did not have the express permission from any competent court from
any jurisdiction. In fact, Dora S. specifically demanded calls to not be placed to her place of
employment. [15 U.S.C.1692c] further forbids contact from a consumer to collect a debt at any
unusual place which would be known to be inconvenient to the consumer. If what Collection ‘R
Else should have known to be convenient, the law spells out the times of 8:00 am-9:00 pm in the
time zone of California and at the consumer’s location of residence. You are forbidden by law to
contact the palace of employment with knowledge of calls being prohibited by the employer and
without consent of the consumer, as stated. Furthermore, you are in Civilly Liable for
communicating with Allied Title Company through disclosing the debt and inquiring about Dora
S. employment in an attempt to collect the debt under [15 U.S.C.1692k]. To reintegrate,
permission to contact was not given to you by Dora S. under [15 U.S.C.1692k].
Injuries and Damages
Actual damages of $4,000
Dora S. was paid $500.00 per week and out of work for 8 weeks due to your violation of Fair
Debt Collection Practices Act.
Additional damages of $1,000.00 as a result of the depression and anxiety due to losing her job
and your violation of the Fair Debt Collection Practices Act.
Settlement Offer
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In view of the clear liability and proof of damages and injuries, my client is willing to settle this
matter for the sum of $5,000.00 for failing to comply with the laws stated herein. I believe this to
be more than fair and reasonable and hope to hear from you soon. The offer will remain open for
30 days.
Sincerely,
Stacy Jones
Attorney at Law
RJ: op
Enclosures: (7)
cc: Dora S.
9
ESTRADA V RHODE ISLAND LEGAL ISSUES
BACKROUND ESTRADA V. RHOLE ISLAND 594 F.3d 56, 2010
July 11, 2016 one of the Plaintiffs Carlos Tamup was driving in Rhode Island with
fourteen other passengers. Tamup failed to use a turn signal while switching lanes on a two lane
road. Officer Thomas Chabot pulled the vehicle over and asked for driver’s license, insurance,
and registration. Officer Thomas Chabot conducted a pat down search of Tamup. The remaining
passengers in the vehicle were asked for identification and a clear language barrier existed.
Officer Chabot sought translation assistance from Carlos Tamup, the driver.
All but two of the passengers were able to produce identification that showed citizenship
through state issued identification and were not able to do so. Two cards shown by the
passengers were from the Consulate in Guatemala. Identification from the remaining of the
fifteen drivers included gym memberships and cards that were not sufficient to prove identity.
Carlos Tamup exited the van for a moment of time when a ball fell out of the car, which resulted
in Officer Thomas Chabot patting down Carlos Tamup a second time. Officer Thomas Chabot
detained the members of the car and a State Trooper followed the vehicle to ICE. At this point,
ICE took over.
Principal Legal Issues
10
The legal issues surrounding the racial profiling and decision of the court are based around facts
of law and the events during the traffic stop. The Plaintiffs alleged their fourth amendment
Constitutional rights were deprived. The twelve Plaintiffs in Estrada v. Rhode Island believe,
Officer Thomas Chabot racially profiled them and had no reason to ask for identification or legal
status after Carlos Tamup provided necessary documentation. Carlos Tamup felt as if his second
pat down was illegal. They also alleged, the occupants of the vehicle had not right to be detained,
citizenship challenged, or have involvement of Immigration Custom Enforcement (ICE). In
unison, the Plaintiffs felt a violation of the Rhode Island Racial Profiling Act of 2004 was
violated by Officer Thomas Chabot. The parties also believe a violation of their fourth and
fourteenth amendment had been violated.
Circuit Judges Opinion by Which the Decision Was Based
Officer Thomas Chabot was justified in asking for the identification of drivers and did not
violate the rights of the occupants of vehicle per United States v. Chaney 584 F.3D20, 27 (2009).
The court found the officer to be protected from the second pat down of Carols based on the
precedent case of Terry v. Ohio 392 U.S. 1,88 S.Ct. 1868,20 L. ED 2D, 889, (1968). The
unknown number of actual persons in the vehicle per the deposition of the Plaintiffs and
Appellants varied and the true number was assumed by the number involved in this class action
case. Officer Thomas Chabot conducted a Terry pat once Carlos Tamup left the vehicle to
retrieve the ball and was not sure if Carlos Tamup had anything that would endanger the officer
or public. Another factor was based around the number of persons in the vehicle per the officer
U.S. v. Cruz 156, F.3d, 22, 26 (1998).
The court affirmed, Officer Chabot did not violate the Fourth Amendment by changing
the scope of the traffic stop after most passengers could not supply legitimate identification,
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could not communicate without translation, and provided identification showing citizenship to
another country. Officer Chabot was within his right to change the scope of the stop based on
probable cause due to these things to determine if a crime was being committed. The judge
allowed profiling also based on the length of the stop, actions, and questions being appropriate
under the scope of an officer’s job as a police officer. An officer is able to draw inferences from
the facts combined with knowledge and experiences as an officer.
United States v. Chhein 266 F.3d, 1; 2001 U.S. App Lexis 20881. Chhein was cited stating:
“the pat down search was reasonable, appropriate, and provided information giving the officer
reasonable suspicion to continue down a minimally intrusive path that the officer had chosen to
take” (Chhein 2001). Questions that had followed the pat down were reasonable even if the
questions were not directly related to failing to use a turn signal and the length of time for the
stop and involvement of ICE officials was warranted.
The judge did not find a violation of the fourth or fourteenth amendment and did not view
any illegal search and seizure on part of officer Chabot. Officer Chabot had reason to be
suspicious “under the totality of circumstances” United States v. McKoy, 428 F.d, 38, 39 (2005).
Officer Chabot also did not violate the fourth amendment right by asking for information to
prove citizenship, identification, or asking if they were United States Citizens.
A law review citing United States v. Brignoni-Ponce 422 U.S. 873 (1975) agreed in that a
person could not be stopped merely based on the question of immigration status. In the case of
Estrada, the vehicle was stopped originally for a moving violation. United States v. Arizona
brought forth by SB1070 was also cited to show the difference between actual racial profiling
and doing your job when reasonable suspicion exits to believe a crime is being committed. In
United States v. Arizona, actual profiling was occurring with enforcement solely on citizenship
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and immigration status and amendments to the law forbid the act of stopping a person based on
race.
References
http://www.cis.org/articles/2009/
http://www.lexisnexis.com.lopes.idm.oclc.org/hottopics/lnacademic/
http://harvardlawreview.org/
United States v. Arizona, Hans von Spakovsky and Jack Park, supra note 5.
13
TENTH AMENDMENT HISTORY AND PURPOSE
TENTH AMENDMENT U.S. CONSTIUTION
“The powers not delegated to the United States by the Constitution, neither prohibited
by towards the states are reserved to the states or the people respectively.” (2010). Since the
ratification of the tenth amendment on December 15, 1971, a line has been drawn to yield to the
states and the people that lines had been drawn between state and federal powers through the
Constitution. Our Constitution contains powers not granted to the government through the
federal government. Division and questions have come about since the ratification that included
the Bill of Right containing the first ten amendments which consisted of jurisdiction and
boundary issues regarding the rights of the federal government and the sates towards the people
of the nation. “The Constitution fought to have powers of liberty secured through the via
separation of powers and of the federal government and less of rights of the people” (Pfiffner, J.
P. 2016).
HISTORY OF TENTH AMENDMENT
Historically, the main focus of the tenth amendment is to define federalism. Due to federalism,
questions of law and territory define the two levels of government. United States federal
government governs laws for the nation an all states, cities, towns and all the encompasses the
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United States. States have the power under the tenth amendment to decipher what laws are
needed and should be binding for the member of the states. Clearly, the tenth amendment makes
exceptions for laws that infringe on the law of the land which is the United States Constitution
that governs us all as a society.
Our Constitution grants power to the federal government to have jurisdiction over matter
that concern national security or federal law expressly. However, federalism does not allow for
laws posed upon society to surpass the scope or jurisdiction of federal law. The powers of the
federal government are limited through the tenth amendment and can only proceed in matters of
law for issues expressly stated or enumerated specifically through the Constitution of the United
States of America. Powers of the Constitution between federal and state is depended on the
interpretation of the provisions of the Constitution and how they are then interpreted to direct the
federalism, states, and our nation as a whole. Through the tenth amendment, the states have the
powers granted to them that are not expressly given to the federal government or given to them
expressly through the Constitution of the United States (Archives n.d).
PURPOSE
The purpose of the tenth amendment sums up the amendments that encompass numbers 1-10.
Citizens of the nation are given an affirmation, the actual structure visualized for the federal
government and the limited powers that exists. The tenth amendment simply works against
intrusion against the federal government toward the authority of the state concerning individual
liberties. Meaning, powers in effect to the federal government are solely and only granted to it
through the constitution (1998).
SIMILAR PROVISONS UNDER ARIZONA STATE LAW
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Arizona does and does not have similar provision against the tenth amendment that
include a direct difference between state and federal laws. It is stated: “We the people of Arizona
due to the almighty God for our liberties do uphold this Constitution (AZ legislature n.d).
Arizona distinguishes a difference between the state and federal government in the
acknowledgment of boundaries, namely in Section 1 of the Arizona Constitution. I would state
this provision being named does diversity the duties of the federal government from the
boundaries located within Section 1 of the Arizona Constitution. Meaning, guidelines are present
and specifically stated as to what authority and implementation of laws are given to Arizona
through virtue of the State Constitution. However, it is also similar in realizing, the federal
government has limited powers and a say against acts of the states less the controversy, doubt, or
effect or treading on federal law. The issue is simply one of many that involves question,
boundaries, and jurisdiction issues through separation of power and the division of limited
powers.
The specific provision given to the states via federal law through the Constitution are
those of the Bill of Rights 1-10 express to the federal government and the articles of Arizona 1-
30 similar, different in scope and intended for state discretion without violating federal laws, that
govern us all. The purpose being to regulate the division of laws concerning federal government
as a whole in which we all abide and state laws which are reserved for the states and the people.
The tenth amendment focuses on limited jurisdiction given the scope of the laws and expressed
jurisdiction for each causing boundaries through the letter of the law.
.
16
References
http://www.archives.gov/exhibits/charters/constitution.html
https://www.law.cornell.edu/wex/federalism
Jensen, E. M., & Entin, J. L. (1998). Commandeering, the Tenth Amendment, and the
federal requisition power: New York v. United States. Constitutional Commentary, 15(2), 355.
Orbach, B. Y., Callahan, K. S., & Lindemenn, L. M. (2010). ARMING STATES'
RIGHTS: FEDERALISM, PRIVATE LAWMAKERS, AND THE BATTERING RAM
STRATEGY. Arizona Law Review, 52(4), 1161-1206.
Pfiffner, J. P. (2016). The Contemporary Presidency: Magna Carta and the Contemporary
Presidency. Presidential Studies Quarterly, 46(1), 140-157.
17
Minnesota v. Dickerson, 508 U.S. 366 (1993)
Case Brief Summary
Judicial History
Prior to trial, Dickerson plead for the trial court to suppress the evidence of cocaine discovered
on respondents’ person. The trial court denied the motion to suppress and the trial continued.
Dickerson lost at trial and was convicted. The decision of the court was appealed. The Minnesota
Supreme Court affirmed the decision of the Court of Appeals in that, the evidence used to
convict Dickerson should have been suppressed based on how the evidence was obtained. A Writ
of Certiorari was granted by the United States Supreme Court to decipher is suppression of the
evidence was warranted.
Facts
November 9, 1989, Minnesota Officers were on patrol in the northern area of the Minnesota,
near a well-known crack house. At 8:15 pm, officers observed respondent. Dickerson caught
view of police and acted suspiciously and attempted to flee. During a pat down search, officers
discovered cocaine on respondents’ person. Dickerson was found guilty and convicted.
Issues
Had the Fourth Amendment Rights of Dickerson had been violated through officers conducting a
legal pat down to investigate possible criminal activity and check for weapons and instead sizing
cocaine and allowing the cocaine to be included as evidence against the respondent.
Does the Plain View Doctrine apply in this case towards the search and evidence obtained?
Rules
Terry v. Ohio, 392 U.S.1, 29 L. ED. 2d 889, 88 S. CT.1868 (1968). Due to Terry v. Ohio
Officers were justified in stopping and frisking Dickerson in order to investigate the possibility
of the Dickerson engaging in criminal activity, or possibly being a threat to officers or the public.
Plain View Doctrine: Officers have the legal right to access anything in officer’s vision that is
not hidden, in plain view, or has probable cause to suspect the existence of as a result of sight or
smell.
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Due to Terry v. Ohio Officers were justified in stopping and frisking Dickerson in order to
investigate the possibility of the Dickerson engaging in criminal activity, or possibly being a
threat to officers or the public.
Plain View Doctrine: Officers have the legal right to access anything in officer’s vision that is
not hidden, in plain view, or has probable cause to suspect the existence of as a result of sight or
smell.
ANAYSIS
The Fourth Amendment applies to the states through the Fourteenth Amendment as preceded in
Map v. Ohio, 367 U.S. 643 (1961). Map v. Ohio concluded, persons have the right to be secure
their persons, houses, papers, and effects and against unreasonable searches and seizures.
However, Terry v. Ohio 392 U.S.1, 29 L. ED. 2d 889, 88 S. CT.1868 (1968) held an officer who
observes unusual conduct causing the officer to believe based on experience that a crime is being
committed can legally stop the suspect to ask questions in order to determine or disprove that
criminal activity is indeed occurring. Likewise, should the officer determine during questioning
the suspect is carrying a weapon which could be used to harm the officer or the public, officers
can legally conduct a limited pat down search. Limited pat down searches are conducted to
ensure the safety of officers and the public against weapons and not to obtain illegal evidence.
The search being limited only within the scope of finding weapons. Under Terry, a protective
search exceeding what is deemed necessary to check for weapons is not valid and the fruits
yielded should be surpassed.
Regarding Horton v. California 496 U.S. 128 (1990). To obtain evidence through a warrantless
seizure of an object in plain view, two prongs must be meant. The object must be in “plain view”
and the officer must have the lawful right to obtain the object without assistant. A violation of
the Fourth Amendment rights should also be upheld.
In the case of Minnesota v. Dickerson (1993), officers we well within the scope Terry, supra in
stopping Dickerson to investigate the suspicion of illegal activity based on experience and the
respondent fleeing after viewing officers at the known “crack house”. However, officers violated
the Fourth Amendment rights of the respondent in exceeding the pat down through exceeding the
scope of a limited pat down to ensure the safety of officers and the public. Officers did not find
and weapons and conducted an illegal search and seizure resulting in the small amount of
cocaine found on the person. The cocaine seized was seized illegally due to being obtained
beyond the scope of a limited pat down and a violation of respondent’s guaranteed Fourth
Amendment rights. As with Terry, supra the fruits yielded were should have suppressed.
19
DISCOVERY and MOTION OF LIMITY ARIZONA
Rules Concerning a Motion
Much like the other fifty states, Arizona adheres to rules of the court in filing discovery
motion and motions alike. Likewise, Arizona Statutes specifically state rules concerning a
motion which include time limits to file, expectations to file, and other limitation governed by
the individual state respectively and the correct authority cited. Case in point as mentioned by
Hames and Ekern, “The Court is obligated to follow the rules of the authorities which were cited
supposing the authorities are the appropriate authorities cited” (Hames and Ekern, 2015, p 393).
Meaning, your state court requires the mandatory citation from your respected state constitution
and the statutory laws of the state in the jurisdiction of the case resides.
Hames and Ekern noted, “a motion is a request for a court order in conjunction with a
case that is already pending in court” (Hames & Ekern, 2015, p. 430). Rules concern a motion
also vary based on the rules of the court within the jurisdiction you live in. Arizona also follow
local rules of the court as well as rules of the court. The rules of the court inform the prepare of
what the motion or documents should contain. Rules also express exactly how the documents
should be set up, how to file, and the consequences of not following the rules of the court.
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Format and Filing a Motion of Limity
Rule 35.1 of the Arizona Revised Statues states, “unless it is otherwise noted in the rules,
motions are expected to be typed and completed on 8.5 x11 inch paper” 16AA.R. S Rules Crim.
Proc., Rule 35.1. The Court rules also require the motion to be very short and to the point. In
fact, a memorandum is also required to accompany the motion and is expected to be “brief” as
well. The purpose or nature of what is being sought should also be written clearly, in a short and
sweet manner.
Each party has the obligation to ensure the other party is provided with the statutes, legal
basis, factual grounds surrounding the motion, and credible citations of authorities used. Rule
35.1 also supplies ten days for each party to file the motion and respond. Granted, the rules of the
Arizona Court also supply three days for the moving party to file a respond and ensure a reply is
served to the nonmoving party. A response is not needed unless legal issues are further raised.
The motion is not able to surpass ten pages in length without the consent of the court. WHO
STATED, judges seldom grant more than ten pages for a motion and preferred motions to be no
more than the pages allotted”.
MOTION IN LIMINE and DISCOVERY
As with any motion presented to the court, discovery and motion in limity are crucial
tools used by Attorneys in a case. The purpose of Discovery and Motion in Limine is to cause
testimony, evidence, and other issues of law to be presented early on in the proceedings. The
ultimate goal is to have evidence and testimony not able to be mentioned, heard, or submitted. Of
course, it would depend on what type of motion of limity is utilized and seeks to have the judge
specifically grant the motion for beneficial reasons concerning the case.
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Ray noted, three kids of motions of limine are available such as the exclusionary,
inclusionary, and the preclusionary”. (2009). The exclusionary motion of limine would seek to
have a ruling in favor of a specific piece of evidenced ruled as being inadmissible in court. In
fact, the court would not allow the piece of evidence to be mentioned in court at all. Ray also
pointed out, preclusionary on the other hand simply buys the judge “time to decide if the
evidence should be allowed into the courtroom via the case and presented to all parties, at trial
“(2009). Whereas, inclusionary would allow the evidence sought to be excluded via the
exclusionary motion to be brought into the case and allowed to be spoken upon.
Discovery and motions of limine alike seek the challenge evidence and testimony
intended to be presented prior to trial. The reasons are generally based around issues of law that
are believed to be a violation of rights, laws, or credibility. Arizona only allows one expert
witness to present for each side and in the specific specialist the expert is legally certified to
speak on (Maricopa.gov). Either side attempting to bring more than one give the rule of the court
would challenge this through a motion. Another example would be statements made by the
defendant who was not properly Mirandized. Such a violation would more likely than not see to
have the case acquitted due to the violation of the defendants’ rights. Judge Jeffery Cole
supports the “importance of understand the rules of the state courts when filing motions and the
understanding of what to motions to file, the impact of contents and how often as being a mistake
non seasoned attorneys often make” (Cole, 2012).
Persuasive writing impacts motions and the court case at hand. Motions are supposed to
be crafted to inform of legal issues, fact of law, legalities, and sway the judge in favor of what
you seek. It is important to “skim the fat off your writing”, noted Younger. (1986). Younger also
mentioned, “a briefer version is always better than a lengthy version” (Younger, 1986). In order
22
to make a positive impact and impression in your motion, it is important to be conscious of the
words used. Appropriate verbiage provides clarity. On the same note, motions should be drafted,
read, and rewritten. After all, the contents of your motion could cost you the case or assist in
winning key parts regarding evidence, testimony, and issue of law. A positive impact could win
the case entirely.
References
www.azleg.gov/ArizonaRevisedStatutes.asp
https://www.superiorcourt.maricopa.gov/LawLibrary/LegalResearch/ArizonaResearch/ArizonaC
ourtsResources/courtRules.asp
http://www.ncsc.org/~/media/microsites/files/civil-justice/ncsc-cji-appendices-c.ashx
COLE, H. J. (2012). A Judge's Answers on Evidence. Litigation, 38(2), 7-8
Ray, R. A. (2009). Motions in Limine: To File or Not to File? (Cover story). Proof, 17(4), 1-13.
Younger, I. (1986). Skimming the fat off your writing. ABA Journal, 72(3), 92.
23
Statement of Philosophy
My Philosophy
Socrates stated, “Is this a society I am an active or passive apart of, the society I want it
to be? Is it a good society? Is it just? Are there meaningful alternatives to our way of life and
what is justice anyway?” (Nails, 2014). My philosophy begins with questioning if I am an active
part of the society in which I want to live and accept the diverse decisions of the masse given
various offsets and reasons to not conform to society. Should I in tern conform to be complacent
and compliant with the practice of justice and ignored the ills of society that contribute to crimes
committed, victimization, and ignore the issues rooted to induce crime? No! “Everyone’s
intentions only differ in what each person feels is best for themselves” (Berman, 2014).
My philosophy entails assisting individuals with issues that lead to crime early on
through preventative maintenance. In order to reduce crime, victimization, and create safer
neighborhood people will need to address the issues that result in crime. Treatment includes
getting to the route of the issues such as mental health issues, social, economic, drug and related
issues. I believe, fixing the ills of a person can reduce crime, create safer communities, and
breath positivity into the life of the offender through helping them become productive citizens.
24
The Rational Choice Theory presented in the Classical Theory suggests, “crimes can be
prevented through deterrents” (Schulz, 2005) However, mandatory minimums, death row, and
three strikes law have not deterred offenders from committing crimes. In the modern era, our
society is understanding of the various issues assisting offenders to fray from conforming to the
laws of the land. Perhaps Freud was on to something in noting” our id is takes care of our
primitive needs such as food and sleep. The ego controls the id through setting up boundaries
and the super ego weighs in on choices through morals” (CITE). My philosophy is based on the
foundation of Freud with the notion, needs change and decisions become less moral when
underlying factors of mental illness and drug abuse are what is being feed and the motivator for
crime. Society is full of ills that are non-conforming, understood, and belligerent. To reduce
crime, we must have considered how to address the possible abuse, trauma, drug addiction,
poverty and mental illness. In recognizing and reforming the person with the tools to address the
issue, members of society can be more safe and the cycle of repeat offenders can dwindle. .
How it Developed
My philosophy starts at a ripe young age of eight years old. I was born into a family of respect
for the social norms and family values. I was raised into a family that did not do drugs, drink, or
break the law. My family strived to be the best it could be, even though it was dysfunctional at
times. I came from a family full of law enforcement which was plagued by the repercussions of
life and decisions made. Even still, the choice between right and wrong rang forth in the
installation of what was expected legally and what repercussions were at stake in reality. Legal
consequences thrust on the reality of your actions if you do not tend to consider the reasons
behind the act. (Rickless, 1998).
25
My home life, my society, my reality was not the realism that I chose to follow. I believed in
right and wrong. It did not matter if you were an officer, like my father or a person breaking the
law. The law was made for everyone and no exception should be made less the letter of the law.
With that said, my philosophy is derived from various theories such as labeling, social
disorganization, and through rational choice that has been instilled in us as a philosophy or
reason to not abide my society rules or an excuse to expect more than what is given in return.
Areas of Law in Pursuit of
I plan to work in the area of criminal law and assist those on probation, parole, mentally
ill, or homeless with tools to successfully address the issue that have lead them to the criminal
justice system. My goal is to assist with reform and recidivism while working with drug courts,
probation officers, parole offices, and the State through upcoming Justice Reform programs. My
use of Forensic Peer Support and Behavioral Health Professional experience will assist in
helping to identify the issues, provide support, and provide SMART recovery for addiction
related clientele to assist and promote recovery. Other tools to be used include outpatient
services, life skills, supportive employment and any other services the offended elects to utilize
to remove him or herself from the system and into society as a productive non offending
member.
26
Executive Summary
Cover Letter
My portfolio will show what I have learned through my journey in Criminal Justice to increase
my knowledge of social issues that plague the system. You will also feel my passion and
efforts to address the problems offenders face in inadequate preventative care attributed to
substance abuse, mental health related issues, behavioral health, life skills not achieved and
stigma attached to said issues. I believe addressing these issue could result in positive
changes required to reduce the recidivism rate and promote more safe communities through
addressing the issues related to mass incarceration with treatment and provide tools to
reform those in the system or on the brink of incarceration.
ResumeHighlights
The journey towards reform has already occurred through working directly with those on
probation, parole, battling mental health issues to reduce the stigma attached tothe label
and gain support to be more involved in recovery and treatment assisting in less involved
with the criminal justice system, victimization, and more towards community integration and
promoting positive changes as an example to others on the journey and as a reminder to
society that taking steps towards change, assistance, and retraining is a seed that can grow
and spread throughout our communities.
Summary of Stacy Jones:
27
Career Goals
Ultimately, the goal is to reduce the number of nonviolent offenders who will or currently
occupy our justice system through nonviolent offenses and repeat offenders able to be
reformed. Reform will occur through evidence based practices and premature maintenance
to reduce to numbers associated with mass incarceration as well as the numbers of victims
associated with crimes due to offenses by way of individual focus and support while free
through use preventative maintenance, courts, mental & behavioralhealth providers, and
those ready for release to succeed and be successful in society.
Work Philosophy
People seek help in various different ways even though some are not able to “willing” change
and need the intervention of a provider, court, probation, or parole board. Experience
brought forth through my education, personal life, and work experience provides strong
examples of effecting change and turning lives around for the better of society. “Anyone can
teach through a the versus of a book but, people relate more to those who have lived the
journey and succeeded” (Jones, 2016). I am an example of reform and know what it takes to
help reform others and it shines bright in my work, life, and example.
Projects
(Availablefor viewingupon request)
Writing Samples………………………………………………...4
Examples of my personal writings on my journey towards my Master’s Degree in Criminal
Justice with showcasing some of my best work and an example of the beginning to showcase
my personal and education growth.
Career Reflection
I chose to study criminal justice as juvenile who was once caught in a system that could
have easily had a chance to be productive as a youth given adequate attention and assistance to
thrive and change my course of action. I fully understand the ills of society and the issues that
drive social Science. Through my education, I realize many people who are a part of the system
have issues that could have been address years before victims and becoming a part of the system.
28
I chose to reflect back on my life and obstacles and educated myself through work experiences,
personal, and dealing with the public to become a part of the solution to reduce victims and
change the course of lives on the brink of entering the system or well embedded in the system
with a second chance provided. My reflections in my career also encompass being a victim of a
heinous crime. Justice is something that I understand completely and all sides to the issues that
cause crime to occur, victims to feel a lack of justice, and desperation to reduce the label and be
provided the skills and tools to become a productive member of society. Granted, through my
life and career reflections, I have learned how hard you have to work to do the right thing. It is
easier to do wrong than it is to do right given the work and effort needing to be applied.
Certainly, my writing samples showcase my “then” and “now” progression. Now, what if I told
you, my education halted two weeks into my ninth grade year due to lacking preventative
maintenance and care and becoming a part of the system? I am living proof of positive change
which allows me to help those with my past experience.
29
References
Berman, S. (2014). Prudence and morality: Socrates versus moral philosophers. South African
Journal of Philosophy, 33(4), 381-394. doi:10.1080/02580136.2014.967591
Edward N. Zalta (ed.). http://plato.stanford.edu/archives/spr2014/entries/socrates.
Schulz, S. (2004). Problems with the Versatility Construct of Gottfredson and Hirschi's
General Theory of Crime. European Journal of Crime, Criminal Law & Criminal Justice, 12(1),
61-82.
Nails, Debra, "Socrates", The Stanford Encyclopedia of Philosophy (Spring 2014 Edition),
Rickless, S. C. (1998). Socrates' moral intellectualism. Pacific Philosophical Quarterly,
79(4), 355.
30
JUSTICE REFORM PROPOSAL
Criminal Justice Issue
Our nation has 2.2 million people incarcerated. Americans spend approx. 80 billion to
keep offenders who have cycled through the system incarcerated. (BJS, 2015). The White House
noted: “Our criminal justice system releases 700,000 persons annually from Federal Prison or
State Prisons, in the United States. Meanwhile, another 9 million persons are cycling around in
the jails” (White House, n.d). As of this moment, America has a population of 324,971,847 (US
Census, 2016). Those who are incarcerated and let back into the community offend revert back
to crime due to mental health, drug, and substance related issues left untreated.
The issues rest in those in custody not being treated for the issues that cause crime.
Society endures more victimization. As a result, we have an overloaded criminal justice system.
Statistics show 40% of released offenders violated conditions through use of drugs and return
back to prison leaving a trail of victims. Ex-offenders often do not receive rehabilitation of self
to cease crime, change behaviors, deal with substance abuse, mental health issues, life sills, or
learn skills to reform actions leading to recidivism and becoming a productive citizen. “The end
result is a continued strain on the system (BJS, 2016). Those entangled in our justice system are
not given the preventative maintenance, rehabilitation while incarcerated, or skills to thrive upon
31
release. As of 2013, “50% of Federal inmates and 53% of inmates created violent, property, and
under crimes while under the influence of a substance or alcohol” (Carson, 2014).
As stated previously, offenders have developed the complex level of criminal thinking
and behaviors through not dealing with the issues prior to committing a crime. Direct issues of
criminal activity, drug abuse, and mental health are not worked on as shown through
incarceration rates. The Bureau of Justice reports, “The adult correctional system supervised
approximately 6,851,000” (2014). This number clearly shows a need to assist those who are
incarcerated or to reform as an alternative to incarceration and a strong need to focus on fixing
the issue. I intended to put my all into doing so. Addressing the needs of life skills, poverty,
education, substance abuse, and mental health can assist with a foundation of reform through
continued support to become a productive member of society. Severson, Veeh, Bruns & Lee
noted, “The complexity of criminal thinking and behaviors that develop of a period of years
preclude them from being adequately addressed by a single program or intervention” (Severson,
Veeh, Bruns & Lee, 2012). I propose to address all issues and barriers and seek to do so before or
after incarceration.
NAMI notated, “One in Five U.S adults equate to 43.8 million who have experienced
mental health issues annually” (AMI, 2016). Furthermore, a self-reported study has shown 73%
of State females inmates and 55% of males have documented mental health problem as opposed
to 61% of females and 41% of male Federal inmates” (Doris, 2006). The statistical information
shows a lack of preventative maintenance before victimization and lack of preventive treatment
prior to crimes committed, during incarceration, and after reentry.
The figures also show, justice reform is needed as we continue fail victims of crime,
offenders from obtaining treatment. American citizens could have safer neighborhoods, less
32
victimization, more recidivism, productive citizens, and save money for the states through
treatment. I propose to be a part of the solution and not a part of the problem through providing
evidence based treatment towards reform to obtain the treatment and skills needed to reduce the
number of victims, offenders, and less money spent to warehouse persons.
Implementing My Education
I purpose to use my education to acquire a position leading a Justice Reform Department
or comparable program to work directly with those incarcerated, on parole, or probation to bring
forth a decline in recidivism. My weapons of choice include extensive experience in substance
abuse, alcohol, behavior, and mental health experience. Educationally, I am aware of social
issues that clash with public safety and law and order. I have taken many years to study the
issues of society and offenders to better understand how to my education can make a difference.
I find myself to be equipped through life, education, and years of work experience combating the
issues that cause crime and plague the system.
What Education Encompasses
Webster states: “Education is the result produced by instruction, training, or study. As
well as, preparing self or others intellectually for mature life” (2016). The successful completion
of my Master’s Degree in Criminal Justice with emphasis in legal studies shows my passion and
mastery in training. However, I have also acquired numerous training in SMART recovery to
assist those in the system or danger entering the system with substance and addiction abuse. My
educational training and nationwide certification as a Peer Support Specialist III will assist those
with support along the journey to reform, acquire life skills, and gain supported employment to
better oneself.
33
I purpose to utilize my educational experience, life experience, and work experience in
conjunction with my pending Behavioral Health Professional Certification to further assist the
said members sitting idly and untreated within the criminal justice system. I will use my skills
and education to provide the skills to treat, reform, and motivate them towards being a
productive members of society. My proposal and approach is to bring my health care education
and experience together with my life experience and education to reform individuals through
justice and health care reform. “The mental health system has taken on more than just simply
providing treatments and has become involved in such things as housing, employment,
education” (Stanhope & Henwood, n.d). Peer support deals with each case, specific disease, and
need individually to bring froth a wholly recovered person who is fully functional in society and
less strain on the criminal justice system and the public.
Behavioral Health Reform Meets Justice Reform
My proposal is to assist the members of the community who in need of assistance to
reform whether the issue is based on a mental health issues, homeless, addiction, substance, or
other barrier demanding to be addressed to bring down the recidivism and offender rates that we
have seen rise over the last 30 years. I intend to use my “education” for those who are one of the
statics in the system or those in need of breaking the cycle to productivity. Mental health and
crime go hand in hand with social issues that included homelessness, drug addiction, substance
abuse, trauma, and lack of individual care to reform. Assistance is sought through working hand
in hand with providers who are involved with the care of the individually and working with an
entire nation of community based “proven” resources to treat and refer. SMASHA notes: “the
trauma and justice approach specifically deals with those who are involved with the criminal
justice system and meet the needs of the clients to address treatment needs” (Montvilo, (2015).
34
To better address the social issues that plague the system, I propose to work toward and
secure a profession in one of the areas allowing me to showcase my education skills and talents
driven by my passion for reform and social issues. I plan to pursue Forensics training, a
subspecialty profession of Criminal Justice to bring forth change and reform and provide more
assistance towards reform through the education I have striven to acquire. The American
Psychological Association stated: “Forensic training may involve a subspecialty such as a (MLS)
Masters of Legal Studies or a Master of Criminal Justice (MSCJ). (Montvilo, 2015). I bring with
me a Masters in Criminal Justices with emphasis in Legal Studies combined with years of work
experience in both areas and a clear track record of changing the path of lives through treatment,
support, providing skills, preventative maintenance, firsthand knowledge of barriers, and creating
more safe communities.
Finally, I am certain that I can reform through employment, life skills, peer support,
mental health, legal studies, community based interactions, experience with the courts, assisting
through Supportive Employment, obtaining housing for the homeless, mentally ill, and those
release from prison. I purpose to work aggressively and use what I have learned educationally to
focus on reform to better the quality of lives for all concerning public safety and reform.
35
References
Carson, E. Ann. Prisoners in 2014. Washington, DC: US Dept. of Justice Bureau of Justice
Statistics, Sept. 2015, NCJ248955, p. 16 (state) and p. 17 (federal).
http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5387
http://www.bjs.gov/content/pub/pdf/p14.pdf.
James, Doris J. and Lauren E. Glaze. 2006. Mental Health Problems of Prison and Jail
Inmates. Washington, DC: Bureau of Justice Statistics, U.S. Government Printing Office
http://www.census.gov/
Any Mental Illness (AMI) Among Adults. (n.d.). Retrieved October 23, 2015, from
http://www.nimh.nih.gov/health/statistics/prevalence/any-mental-illness-ami-among-adults.
Montvilo, R. P. (2015). Substance Abuse and Mental Health Services Administration
(SAMHSA). Salem Press Encyclopedia of Health.
Severson, M. E., Veeh, C., Bruns, K., & Lee, J. (2012). Who goes back to prison; who
does not: A multiyear view of reentry program participants. Journal of Offender Rehabilitation,
51(5), 295-315. doi:10.1080/10509674.2012.677944
36
Stanhope, V., & Henwood, B. (n.d). Activating People to Address Their Health Care Needs:
Learning from People with Lived Experience of Chronic Illnesses. Community Mental Health
Journal, 50(6), 656-663.

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StacyJonesE-Portfolio Complete

  • 1. 1 Table of Contents: Resume…………………………………………………………………………………………2 Professional References…………………………………………………….3 Exemplars of my Work……………………………………………...........5 Statementof CriminalJusticePhilosophy…………………………23 ExecutiveSummary………………………………………………………….26 FiveYear Plan (Samples Available) Audio Visual Projects…………………………………………………………………………….3 (Availablefor viewingupon request.) JusticeReform Proposal……………………………………………………36
  • 2. 2 Stacy Jones 273 South Copper Drive Apache Junction, AZ 85120 cell: (928) 263-8549 stacywingjones@yahoo.com Objectives Assistthe communityandoffendersinprovidingtoolstoreduce crime andpromote recidivismand reformto bringforthproductive members of society. Experience NAZCARE-Center Manager, Apache Junction, AZ 10/02/2015-present Provide BehavioralHealthexperience andtoolstoassistindrug education,mental healthsupportand recovery,justice reform, andcompliance withcourtorderprogramsandtreatment. Dailyoperationsof centertorun efficiently,full staffed,incompliance withState of Arizona,andwork withhealthcare providers,families,andcourtto assistmembersinrecoverygoals. BKASSETS, Mesa Arizona 4/05/2003-3/6/2009 AssistTrusteesandAttorneysnationwide withFederal BankruptcyCourtdocumentperpetration, discovery,andschedulesof debtors.ConstantcommunicationwithcourtsandTrusteesregarding abandonmentorsale of assetto secure fundsforcreditors. Auto Zone Inc., -Commercial Manager Mesa Arizona 2/7/1999-11/07/2003 Effectivelyensureparts were suppliedtocommercial clientswhilemanagingstaff toensure speedyand safe deliveryof goods.
  • 3. 3 SKILLS  Proficiency Microsoft, Internet  Dissertation  Legal Research  Community Outreach  National Peer Support Specialist Certification  Behavior Health Professional (pending)  SMART Recovery, addictions specialist  Managerial skills  Daily Operations, Facility Functions  Crisis Management  Working with Diverse Populations  Advocacy  Prevention Services  Monthly Reporting of Progress to Courts and Providers  Clinical Documentation  Efficiently managed caseloads of 185 persons AWARDS  War on Drugs Essay, 1998  Presidents List, 2004-2015  Magna Cum Laude 2004-2015  National Society of Collegiate Scholars, Academically Nominated Lifelong Member ACOMPISHMENTS  Communicated effectively to break barriers of communication to build rapport  Facilitated ART meeting with courts and behavior health providers to manage care  Successfully managed daily operations of center and center staff  Handled crisis situations immediately to preserve life and prevent harm of self or others  Worked with courts ensuring mental health and reform progress was accomplished  Securing housing, treatment, and training to improve quality of life  Facilitated groups promoting recovery  Strengthened resources and community relationships through outreach  Provided resources to assist in focusing on freedom, mind, body, and well being  Mediated family support and tools to transition from incarceration & inpatient institutions to stability  Positively reduced barriers in care
  • 4. 4 EDUCATION Masters Criminal Justice Grand Canyon University 2015-2016 Emphasis: Legal Studies 3.6 GPA Bachelor Criminal Justice Grand Canyon University 2014-2012 Grade: Distinction 3.9 Associate Criminal Justice Everest University 2009-2011 Grade: Distinction 4.0 References: Available Upon Request
  • 5. 5 Exemplars of Writing “My” Graduate Courses
  • 6. 6 Stacy Jones Attorney at Law 156 Oak Street Central City, CA 91111 Tel. 510-555-1212 Fax, 510-555-1211 October 26, 2016 Tim Money Statutory Agent Collect ‘R Else Collection Agency 78 Winding Road Central City, CA 91111 Re: Dora Speckles Dear Tim Money: I am writing on behalf of my client Dora Speckles, regarding her claim for civil injuries due to Dora under the violation of Fair Debt Collection Practices Act. I have been advised to direct my correspondence directly to you as the Statutory Agent for Collect ‘R Else. After reviewing the recorded calls made to my client in violation of (cite communication fair debt statute) and the statement from my client’s former employer Allied Title Company stating reason for termination, I conclude a violation of the fair debt practices has occurred through communication with Collect ‘R Else towards my client. I find Collect ‘R Else civilly liable for damages to Dora Speckles and strongly feel an early settlement is in the best interest of both parties. The following information provides sufficient justification for our offer of settlement. Factual Basis Dora Speckles, my client acquired $7,000 worth of credit card debt due being uninured in a health related issue. My client was unable to work for health related reasons for several months and subsequently unable to make payments towards the $7,000 debt. Once Dora was physically
  • 7. 7 able to work, she obtained at job at a small business office. The account for the debt of $7,000 was turned over to your collection agency Collect R’ Else via the credit card authority. Collect ‘R Else discovered Dora Speckles place of employment and began to place calls to her place of employment, Allied Title Company. Various telephone recordings reflect Collect ‘R Else demanding immediate payment on the debt owed. The telephone recordings also show Dora Speckles requesting calls not to be made to her place of employment as it is a violation of Allied Title Company policy and could result in termination. Dora was heard on numerous calls stating, “non-emergency calls were not allowed at work and demanded the calls cease”. Even still, Dora received a call from Collect ‘R Else daily over the period of two weeks. Dora Speckles employment was terminated. Confirmation from Allied Title Company notes, Dora worked as a receptionist and was fired due to the constant personal calls. Dora Speckles suffered from depression and anxiety as a result of losing her job and fear of losing current job once Collect ‘R Else discovered the current place of employment. A copy of the recorded phone calls, transcripts, and statement from Allied Title Company is enclosed with this correspondence. I am legally informing you to cease further direct contact with Debora Speckles at any place of employment or at home. I am also demanding damages for your conduct under the Fair Debt Collection Practices Act: Communication in connection with debt collect [15 U.S.C.1692c]. Legal Basis The law in this case is very clear. Collect ‘R Else has violated the rights of Dora S. under The Fair Debt Collection Practices Act: Communication in connection with debt collect [15 U.S.C.1692c]. General Communication with the Consumer: The law states you are not legally allowed to communicate with a consumer in connection with any debt without prior consent from the consumer given directly to Collect ‘R Else or the express permission from the court of competent jurisdiction. You did not have the express permission from any competent court from any jurisdiction. In fact, Dora S. specifically demanded calls to not be placed to her place of employment. [15 U.S.C.1692c] further forbids contact from a consumer to collect a debt at any unusual place which would be known to be inconvenient to the consumer. If what Collection ‘R Else should have known to be convenient, the law spells out the times of 8:00 am-9:00 pm in the time zone of California and at the consumer’s location of residence. You are forbidden by law to contact the palace of employment with knowledge of calls being prohibited by the employer and without consent of the consumer, as stated. Furthermore, you are in Civilly Liable for communicating with Allied Title Company through disclosing the debt and inquiring about Dora S. employment in an attempt to collect the debt under [15 U.S.C.1692k]. To reintegrate, permission to contact was not given to you by Dora S. under [15 U.S.C.1692k]. Injuries and Damages Actual damages of $4,000 Dora S. was paid $500.00 per week and out of work for 8 weeks due to your violation of Fair Debt Collection Practices Act. Additional damages of $1,000.00 as a result of the depression and anxiety due to losing her job and your violation of the Fair Debt Collection Practices Act. Settlement Offer
  • 8. 8 In view of the clear liability and proof of damages and injuries, my client is willing to settle this matter for the sum of $5,000.00 for failing to comply with the laws stated herein. I believe this to be more than fair and reasonable and hope to hear from you soon. The offer will remain open for 30 days. Sincerely, Stacy Jones Attorney at Law RJ: op Enclosures: (7) cc: Dora S.
  • 9. 9 ESTRADA V RHODE ISLAND LEGAL ISSUES BACKROUND ESTRADA V. RHOLE ISLAND 594 F.3d 56, 2010 July 11, 2016 one of the Plaintiffs Carlos Tamup was driving in Rhode Island with fourteen other passengers. Tamup failed to use a turn signal while switching lanes on a two lane road. Officer Thomas Chabot pulled the vehicle over and asked for driver’s license, insurance, and registration. Officer Thomas Chabot conducted a pat down search of Tamup. The remaining passengers in the vehicle were asked for identification and a clear language barrier existed. Officer Chabot sought translation assistance from Carlos Tamup, the driver. All but two of the passengers were able to produce identification that showed citizenship through state issued identification and were not able to do so. Two cards shown by the passengers were from the Consulate in Guatemala. Identification from the remaining of the fifteen drivers included gym memberships and cards that were not sufficient to prove identity. Carlos Tamup exited the van for a moment of time when a ball fell out of the car, which resulted in Officer Thomas Chabot patting down Carlos Tamup a second time. Officer Thomas Chabot detained the members of the car and a State Trooper followed the vehicle to ICE. At this point, ICE took over. Principal Legal Issues
  • 10. 10 The legal issues surrounding the racial profiling and decision of the court are based around facts of law and the events during the traffic stop. The Plaintiffs alleged their fourth amendment Constitutional rights were deprived. The twelve Plaintiffs in Estrada v. Rhode Island believe, Officer Thomas Chabot racially profiled them and had no reason to ask for identification or legal status after Carlos Tamup provided necessary documentation. Carlos Tamup felt as if his second pat down was illegal. They also alleged, the occupants of the vehicle had not right to be detained, citizenship challenged, or have involvement of Immigration Custom Enforcement (ICE). In unison, the Plaintiffs felt a violation of the Rhode Island Racial Profiling Act of 2004 was violated by Officer Thomas Chabot. The parties also believe a violation of their fourth and fourteenth amendment had been violated. Circuit Judges Opinion by Which the Decision Was Based Officer Thomas Chabot was justified in asking for the identification of drivers and did not violate the rights of the occupants of vehicle per United States v. Chaney 584 F.3D20, 27 (2009). The court found the officer to be protected from the second pat down of Carols based on the precedent case of Terry v. Ohio 392 U.S. 1,88 S.Ct. 1868,20 L. ED 2D, 889, (1968). The unknown number of actual persons in the vehicle per the deposition of the Plaintiffs and Appellants varied and the true number was assumed by the number involved in this class action case. Officer Thomas Chabot conducted a Terry pat once Carlos Tamup left the vehicle to retrieve the ball and was not sure if Carlos Tamup had anything that would endanger the officer or public. Another factor was based around the number of persons in the vehicle per the officer U.S. v. Cruz 156, F.3d, 22, 26 (1998). The court affirmed, Officer Chabot did not violate the Fourth Amendment by changing the scope of the traffic stop after most passengers could not supply legitimate identification,
  • 11. 11 could not communicate without translation, and provided identification showing citizenship to another country. Officer Chabot was within his right to change the scope of the stop based on probable cause due to these things to determine if a crime was being committed. The judge allowed profiling also based on the length of the stop, actions, and questions being appropriate under the scope of an officer’s job as a police officer. An officer is able to draw inferences from the facts combined with knowledge and experiences as an officer. United States v. Chhein 266 F.3d, 1; 2001 U.S. App Lexis 20881. Chhein was cited stating: “the pat down search was reasonable, appropriate, and provided information giving the officer reasonable suspicion to continue down a minimally intrusive path that the officer had chosen to take” (Chhein 2001). Questions that had followed the pat down were reasonable even if the questions were not directly related to failing to use a turn signal and the length of time for the stop and involvement of ICE officials was warranted. The judge did not find a violation of the fourth or fourteenth amendment and did not view any illegal search and seizure on part of officer Chabot. Officer Chabot had reason to be suspicious “under the totality of circumstances” United States v. McKoy, 428 F.d, 38, 39 (2005). Officer Chabot also did not violate the fourth amendment right by asking for information to prove citizenship, identification, or asking if they were United States Citizens. A law review citing United States v. Brignoni-Ponce 422 U.S. 873 (1975) agreed in that a person could not be stopped merely based on the question of immigration status. In the case of Estrada, the vehicle was stopped originally for a moving violation. United States v. Arizona brought forth by SB1070 was also cited to show the difference between actual racial profiling and doing your job when reasonable suspicion exits to believe a crime is being committed. In United States v. Arizona, actual profiling was occurring with enforcement solely on citizenship
  • 12. 12 and immigration status and amendments to the law forbid the act of stopping a person based on race. References http://www.cis.org/articles/2009/ http://www.lexisnexis.com.lopes.idm.oclc.org/hottopics/lnacademic/ http://harvardlawreview.org/ United States v. Arizona, Hans von Spakovsky and Jack Park, supra note 5.
  • 13. 13 TENTH AMENDMENT HISTORY AND PURPOSE TENTH AMENDMENT U.S. CONSTIUTION “The powers not delegated to the United States by the Constitution, neither prohibited by towards the states are reserved to the states or the people respectively.” (2010). Since the ratification of the tenth amendment on December 15, 1971, a line has been drawn to yield to the states and the people that lines had been drawn between state and federal powers through the Constitution. Our Constitution contains powers not granted to the government through the federal government. Division and questions have come about since the ratification that included the Bill of Right containing the first ten amendments which consisted of jurisdiction and boundary issues regarding the rights of the federal government and the sates towards the people of the nation. “The Constitution fought to have powers of liberty secured through the via separation of powers and of the federal government and less of rights of the people” (Pfiffner, J. P. 2016). HISTORY OF TENTH AMENDMENT Historically, the main focus of the tenth amendment is to define federalism. Due to federalism, questions of law and territory define the two levels of government. United States federal government governs laws for the nation an all states, cities, towns and all the encompasses the
  • 14. 14 United States. States have the power under the tenth amendment to decipher what laws are needed and should be binding for the member of the states. Clearly, the tenth amendment makes exceptions for laws that infringe on the law of the land which is the United States Constitution that governs us all as a society. Our Constitution grants power to the federal government to have jurisdiction over matter that concern national security or federal law expressly. However, federalism does not allow for laws posed upon society to surpass the scope or jurisdiction of federal law. The powers of the federal government are limited through the tenth amendment and can only proceed in matters of law for issues expressly stated or enumerated specifically through the Constitution of the United States of America. Powers of the Constitution between federal and state is depended on the interpretation of the provisions of the Constitution and how they are then interpreted to direct the federalism, states, and our nation as a whole. Through the tenth amendment, the states have the powers granted to them that are not expressly given to the federal government or given to them expressly through the Constitution of the United States (Archives n.d). PURPOSE The purpose of the tenth amendment sums up the amendments that encompass numbers 1-10. Citizens of the nation are given an affirmation, the actual structure visualized for the federal government and the limited powers that exists. The tenth amendment simply works against intrusion against the federal government toward the authority of the state concerning individual liberties. Meaning, powers in effect to the federal government are solely and only granted to it through the constitution (1998). SIMILAR PROVISONS UNDER ARIZONA STATE LAW
  • 15. 15 Arizona does and does not have similar provision against the tenth amendment that include a direct difference between state and federal laws. It is stated: “We the people of Arizona due to the almighty God for our liberties do uphold this Constitution (AZ legislature n.d). Arizona distinguishes a difference between the state and federal government in the acknowledgment of boundaries, namely in Section 1 of the Arizona Constitution. I would state this provision being named does diversity the duties of the federal government from the boundaries located within Section 1 of the Arizona Constitution. Meaning, guidelines are present and specifically stated as to what authority and implementation of laws are given to Arizona through virtue of the State Constitution. However, it is also similar in realizing, the federal government has limited powers and a say against acts of the states less the controversy, doubt, or effect or treading on federal law. The issue is simply one of many that involves question, boundaries, and jurisdiction issues through separation of power and the division of limited powers. The specific provision given to the states via federal law through the Constitution are those of the Bill of Rights 1-10 express to the federal government and the articles of Arizona 1- 30 similar, different in scope and intended for state discretion without violating federal laws, that govern us all. The purpose being to regulate the division of laws concerning federal government as a whole in which we all abide and state laws which are reserved for the states and the people. The tenth amendment focuses on limited jurisdiction given the scope of the laws and expressed jurisdiction for each causing boundaries through the letter of the law. .
  • 16. 16 References http://www.archives.gov/exhibits/charters/constitution.html https://www.law.cornell.edu/wex/federalism Jensen, E. M., & Entin, J. L. (1998). Commandeering, the Tenth Amendment, and the federal requisition power: New York v. United States. Constitutional Commentary, 15(2), 355. Orbach, B. Y., Callahan, K. S., & Lindemenn, L. M. (2010). ARMING STATES' RIGHTS: FEDERALISM, PRIVATE LAWMAKERS, AND THE BATTERING RAM STRATEGY. Arizona Law Review, 52(4), 1161-1206. Pfiffner, J. P. (2016). The Contemporary Presidency: Magna Carta and the Contemporary Presidency. Presidential Studies Quarterly, 46(1), 140-157.
  • 17. 17 Minnesota v. Dickerson, 508 U.S. 366 (1993) Case Brief Summary Judicial History Prior to trial, Dickerson plead for the trial court to suppress the evidence of cocaine discovered on respondents’ person. The trial court denied the motion to suppress and the trial continued. Dickerson lost at trial and was convicted. The decision of the court was appealed. The Minnesota Supreme Court affirmed the decision of the Court of Appeals in that, the evidence used to convict Dickerson should have been suppressed based on how the evidence was obtained. A Writ of Certiorari was granted by the United States Supreme Court to decipher is suppression of the evidence was warranted. Facts November 9, 1989, Minnesota Officers were on patrol in the northern area of the Minnesota, near a well-known crack house. At 8:15 pm, officers observed respondent. Dickerson caught view of police and acted suspiciously and attempted to flee. During a pat down search, officers discovered cocaine on respondents’ person. Dickerson was found guilty and convicted. Issues Had the Fourth Amendment Rights of Dickerson had been violated through officers conducting a legal pat down to investigate possible criminal activity and check for weapons and instead sizing cocaine and allowing the cocaine to be included as evidence against the respondent. Does the Plain View Doctrine apply in this case towards the search and evidence obtained? Rules Terry v. Ohio, 392 U.S.1, 29 L. ED. 2d 889, 88 S. CT.1868 (1968). Due to Terry v. Ohio Officers were justified in stopping and frisking Dickerson in order to investigate the possibility of the Dickerson engaging in criminal activity, or possibly being a threat to officers or the public. Plain View Doctrine: Officers have the legal right to access anything in officer’s vision that is not hidden, in plain view, or has probable cause to suspect the existence of as a result of sight or smell.
  • 18. 18 Due to Terry v. Ohio Officers were justified in stopping and frisking Dickerson in order to investigate the possibility of the Dickerson engaging in criminal activity, or possibly being a threat to officers or the public. Plain View Doctrine: Officers have the legal right to access anything in officer’s vision that is not hidden, in plain view, or has probable cause to suspect the existence of as a result of sight or smell. ANAYSIS The Fourth Amendment applies to the states through the Fourteenth Amendment as preceded in Map v. Ohio, 367 U.S. 643 (1961). Map v. Ohio concluded, persons have the right to be secure their persons, houses, papers, and effects and against unreasonable searches and seizures. However, Terry v. Ohio 392 U.S.1, 29 L. ED. 2d 889, 88 S. CT.1868 (1968) held an officer who observes unusual conduct causing the officer to believe based on experience that a crime is being committed can legally stop the suspect to ask questions in order to determine or disprove that criminal activity is indeed occurring. Likewise, should the officer determine during questioning the suspect is carrying a weapon which could be used to harm the officer or the public, officers can legally conduct a limited pat down search. Limited pat down searches are conducted to ensure the safety of officers and the public against weapons and not to obtain illegal evidence. The search being limited only within the scope of finding weapons. Under Terry, a protective search exceeding what is deemed necessary to check for weapons is not valid and the fruits yielded should be surpassed. Regarding Horton v. California 496 U.S. 128 (1990). To obtain evidence through a warrantless seizure of an object in plain view, two prongs must be meant. The object must be in “plain view” and the officer must have the lawful right to obtain the object without assistant. A violation of the Fourth Amendment rights should also be upheld. In the case of Minnesota v. Dickerson (1993), officers we well within the scope Terry, supra in stopping Dickerson to investigate the suspicion of illegal activity based on experience and the respondent fleeing after viewing officers at the known “crack house”. However, officers violated the Fourth Amendment rights of the respondent in exceeding the pat down through exceeding the scope of a limited pat down to ensure the safety of officers and the public. Officers did not find and weapons and conducted an illegal search and seizure resulting in the small amount of cocaine found on the person. The cocaine seized was seized illegally due to being obtained beyond the scope of a limited pat down and a violation of respondent’s guaranteed Fourth Amendment rights. As with Terry, supra the fruits yielded were should have suppressed.
  • 19. 19 DISCOVERY and MOTION OF LIMITY ARIZONA Rules Concerning a Motion Much like the other fifty states, Arizona adheres to rules of the court in filing discovery motion and motions alike. Likewise, Arizona Statutes specifically state rules concerning a motion which include time limits to file, expectations to file, and other limitation governed by the individual state respectively and the correct authority cited. Case in point as mentioned by Hames and Ekern, “The Court is obligated to follow the rules of the authorities which were cited supposing the authorities are the appropriate authorities cited” (Hames and Ekern, 2015, p 393). Meaning, your state court requires the mandatory citation from your respected state constitution and the statutory laws of the state in the jurisdiction of the case resides. Hames and Ekern noted, “a motion is a request for a court order in conjunction with a case that is already pending in court” (Hames & Ekern, 2015, p. 430). Rules concern a motion also vary based on the rules of the court within the jurisdiction you live in. Arizona also follow local rules of the court as well as rules of the court. The rules of the court inform the prepare of what the motion or documents should contain. Rules also express exactly how the documents should be set up, how to file, and the consequences of not following the rules of the court.
  • 20. 20 Format and Filing a Motion of Limity Rule 35.1 of the Arizona Revised Statues states, “unless it is otherwise noted in the rules, motions are expected to be typed and completed on 8.5 x11 inch paper” 16AA.R. S Rules Crim. Proc., Rule 35.1. The Court rules also require the motion to be very short and to the point. In fact, a memorandum is also required to accompany the motion and is expected to be “brief” as well. The purpose or nature of what is being sought should also be written clearly, in a short and sweet manner. Each party has the obligation to ensure the other party is provided with the statutes, legal basis, factual grounds surrounding the motion, and credible citations of authorities used. Rule 35.1 also supplies ten days for each party to file the motion and respond. Granted, the rules of the Arizona Court also supply three days for the moving party to file a respond and ensure a reply is served to the nonmoving party. A response is not needed unless legal issues are further raised. The motion is not able to surpass ten pages in length without the consent of the court. WHO STATED, judges seldom grant more than ten pages for a motion and preferred motions to be no more than the pages allotted”. MOTION IN LIMINE and DISCOVERY As with any motion presented to the court, discovery and motion in limity are crucial tools used by Attorneys in a case. The purpose of Discovery and Motion in Limine is to cause testimony, evidence, and other issues of law to be presented early on in the proceedings. The ultimate goal is to have evidence and testimony not able to be mentioned, heard, or submitted. Of course, it would depend on what type of motion of limity is utilized and seeks to have the judge specifically grant the motion for beneficial reasons concerning the case.
  • 21. 21 Ray noted, three kids of motions of limine are available such as the exclusionary, inclusionary, and the preclusionary”. (2009). The exclusionary motion of limine would seek to have a ruling in favor of a specific piece of evidenced ruled as being inadmissible in court. In fact, the court would not allow the piece of evidence to be mentioned in court at all. Ray also pointed out, preclusionary on the other hand simply buys the judge “time to decide if the evidence should be allowed into the courtroom via the case and presented to all parties, at trial “(2009). Whereas, inclusionary would allow the evidence sought to be excluded via the exclusionary motion to be brought into the case and allowed to be spoken upon. Discovery and motions of limine alike seek the challenge evidence and testimony intended to be presented prior to trial. The reasons are generally based around issues of law that are believed to be a violation of rights, laws, or credibility. Arizona only allows one expert witness to present for each side and in the specific specialist the expert is legally certified to speak on (Maricopa.gov). Either side attempting to bring more than one give the rule of the court would challenge this through a motion. Another example would be statements made by the defendant who was not properly Mirandized. Such a violation would more likely than not see to have the case acquitted due to the violation of the defendants’ rights. Judge Jeffery Cole supports the “importance of understand the rules of the state courts when filing motions and the understanding of what to motions to file, the impact of contents and how often as being a mistake non seasoned attorneys often make” (Cole, 2012). Persuasive writing impacts motions and the court case at hand. Motions are supposed to be crafted to inform of legal issues, fact of law, legalities, and sway the judge in favor of what you seek. It is important to “skim the fat off your writing”, noted Younger. (1986). Younger also mentioned, “a briefer version is always better than a lengthy version” (Younger, 1986). In order
  • 22. 22 to make a positive impact and impression in your motion, it is important to be conscious of the words used. Appropriate verbiage provides clarity. On the same note, motions should be drafted, read, and rewritten. After all, the contents of your motion could cost you the case or assist in winning key parts regarding evidence, testimony, and issue of law. A positive impact could win the case entirely. References www.azleg.gov/ArizonaRevisedStatutes.asp https://www.superiorcourt.maricopa.gov/LawLibrary/LegalResearch/ArizonaResearch/ArizonaC ourtsResources/courtRules.asp http://www.ncsc.org/~/media/microsites/files/civil-justice/ncsc-cji-appendices-c.ashx COLE, H. J. (2012). A Judge's Answers on Evidence. Litigation, 38(2), 7-8 Ray, R. A. (2009). Motions in Limine: To File or Not to File? (Cover story). Proof, 17(4), 1-13. Younger, I. (1986). Skimming the fat off your writing. ABA Journal, 72(3), 92.
  • 23. 23 Statement of Philosophy My Philosophy Socrates stated, “Is this a society I am an active or passive apart of, the society I want it to be? Is it a good society? Is it just? Are there meaningful alternatives to our way of life and what is justice anyway?” (Nails, 2014). My philosophy begins with questioning if I am an active part of the society in which I want to live and accept the diverse decisions of the masse given various offsets and reasons to not conform to society. Should I in tern conform to be complacent and compliant with the practice of justice and ignored the ills of society that contribute to crimes committed, victimization, and ignore the issues rooted to induce crime? No! “Everyone’s intentions only differ in what each person feels is best for themselves” (Berman, 2014). My philosophy entails assisting individuals with issues that lead to crime early on through preventative maintenance. In order to reduce crime, victimization, and create safer neighborhood people will need to address the issues that result in crime. Treatment includes getting to the route of the issues such as mental health issues, social, economic, drug and related issues. I believe, fixing the ills of a person can reduce crime, create safer communities, and breath positivity into the life of the offender through helping them become productive citizens.
  • 24. 24 The Rational Choice Theory presented in the Classical Theory suggests, “crimes can be prevented through deterrents” (Schulz, 2005) However, mandatory minimums, death row, and three strikes law have not deterred offenders from committing crimes. In the modern era, our society is understanding of the various issues assisting offenders to fray from conforming to the laws of the land. Perhaps Freud was on to something in noting” our id is takes care of our primitive needs such as food and sleep. The ego controls the id through setting up boundaries and the super ego weighs in on choices through morals” (CITE). My philosophy is based on the foundation of Freud with the notion, needs change and decisions become less moral when underlying factors of mental illness and drug abuse are what is being feed and the motivator for crime. Society is full of ills that are non-conforming, understood, and belligerent. To reduce crime, we must have considered how to address the possible abuse, trauma, drug addiction, poverty and mental illness. In recognizing and reforming the person with the tools to address the issue, members of society can be more safe and the cycle of repeat offenders can dwindle. . How it Developed My philosophy starts at a ripe young age of eight years old. I was born into a family of respect for the social norms and family values. I was raised into a family that did not do drugs, drink, or break the law. My family strived to be the best it could be, even though it was dysfunctional at times. I came from a family full of law enforcement which was plagued by the repercussions of life and decisions made. Even still, the choice between right and wrong rang forth in the installation of what was expected legally and what repercussions were at stake in reality. Legal consequences thrust on the reality of your actions if you do not tend to consider the reasons behind the act. (Rickless, 1998).
  • 25. 25 My home life, my society, my reality was not the realism that I chose to follow. I believed in right and wrong. It did not matter if you were an officer, like my father or a person breaking the law. The law was made for everyone and no exception should be made less the letter of the law. With that said, my philosophy is derived from various theories such as labeling, social disorganization, and through rational choice that has been instilled in us as a philosophy or reason to not abide my society rules or an excuse to expect more than what is given in return. Areas of Law in Pursuit of I plan to work in the area of criminal law and assist those on probation, parole, mentally ill, or homeless with tools to successfully address the issue that have lead them to the criminal justice system. My goal is to assist with reform and recidivism while working with drug courts, probation officers, parole offices, and the State through upcoming Justice Reform programs. My use of Forensic Peer Support and Behavioral Health Professional experience will assist in helping to identify the issues, provide support, and provide SMART recovery for addiction related clientele to assist and promote recovery. Other tools to be used include outpatient services, life skills, supportive employment and any other services the offended elects to utilize to remove him or herself from the system and into society as a productive non offending member.
  • 26. 26 Executive Summary Cover Letter My portfolio will show what I have learned through my journey in Criminal Justice to increase my knowledge of social issues that plague the system. You will also feel my passion and efforts to address the problems offenders face in inadequate preventative care attributed to substance abuse, mental health related issues, behavioral health, life skills not achieved and stigma attached to said issues. I believe addressing these issue could result in positive changes required to reduce the recidivism rate and promote more safe communities through addressing the issues related to mass incarceration with treatment and provide tools to reform those in the system or on the brink of incarceration. ResumeHighlights The journey towards reform has already occurred through working directly with those on probation, parole, battling mental health issues to reduce the stigma attached tothe label and gain support to be more involved in recovery and treatment assisting in less involved with the criminal justice system, victimization, and more towards community integration and promoting positive changes as an example to others on the journey and as a reminder to society that taking steps towards change, assistance, and retraining is a seed that can grow and spread throughout our communities. Summary of Stacy Jones:
  • 27. 27 Career Goals Ultimately, the goal is to reduce the number of nonviolent offenders who will or currently occupy our justice system through nonviolent offenses and repeat offenders able to be reformed. Reform will occur through evidence based practices and premature maintenance to reduce to numbers associated with mass incarceration as well as the numbers of victims associated with crimes due to offenses by way of individual focus and support while free through use preventative maintenance, courts, mental & behavioralhealth providers, and those ready for release to succeed and be successful in society. Work Philosophy People seek help in various different ways even though some are not able to “willing” change and need the intervention of a provider, court, probation, or parole board. Experience brought forth through my education, personal life, and work experience provides strong examples of effecting change and turning lives around for the better of society. “Anyone can teach through a the versus of a book but, people relate more to those who have lived the journey and succeeded” (Jones, 2016). I am an example of reform and know what it takes to help reform others and it shines bright in my work, life, and example. Projects (Availablefor viewingupon request) Writing Samples………………………………………………...4 Examples of my personal writings on my journey towards my Master’s Degree in Criminal Justice with showcasing some of my best work and an example of the beginning to showcase my personal and education growth. Career Reflection I chose to study criminal justice as juvenile who was once caught in a system that could have easily had a chance to be productive as a youth given adequate attention and assistance to thrive and change my course of action. I fully understand the ills of society and the issues that drive social Science. Through my education, I realize many people who are a part of the system have issues that could have been address years before victims and becoming a part of the system.
  • 28. 28 I chose to reflect back on my life and obstacles and educated myself through work experiences, personal, and dealing with the public to become a part of the solution to reduce victims and change the course of lives on the brink of entering the system or well embedded in the system with a second chance provided. My reflections in my career also encompass being a victim of a heinous crime. Justice is something that I understand completely and all sides to the issues that cause crime to occur, victims to feel a lack of justice, and desperation to reduce the label and be provided the skills and tools to become a productive member of society. Granted, through my life and career reflections, I have learned how hard you have to work to do the right thing. It is easier to do wrong than it is to do right given the work and effort needing to be applied. Certainly, my writing samples showcase my “then” and “now” progression. Now, what if I told you, my education halted two weeks into my ninth grade year due to lacking preventative maintenance and care and becoming a part of the system? I am living proof of positive change which allows me to help those with my past experience.
  • 29. 29 References Berman, S. (2014). Prudence and morality: Socrates versus moral philosophers. South African Journal of Philosophy, 33(4), 381-394. doi:10.1080/02580136.2014.967591 Edward N. Zalta (ed.). http://plato.stanford.edu/archives/spr2014/entries/socrates. Schulz, S. (2004). Problems with the Versatility Construct of Gottfredson and Hirschi's General Theory of Crime. European Journal of Crime, Criminal Law & Criminal Justice, 12(1), 61-82. Nails, Debra, "Socrates", The Stanford Encyclopedia of Philosophy (Spring 2014 Edition), Rickless, S. C. (1998). Socrates' moral intellectualism. Pacific Philosophical Quarterly, 79(4), 355.
  • 30. 30 JUSTICE REFORM PROPOSAL Criminal Justice Issue Our nation has 2.2 million people incarcerated. Americans spend approx. 80 billion to keep offenders who have cycled through the system incarcerated. (BJS, 2015). The White House noted: “Our criminal justice system releases 700,000 persons annually from Federal Prison or State Prisons, in the United States. Meanwhile, another 9 million persons are cycling around in the jails” (White House, n.d). As of this moment, America has a population of 324,971,847 (US Census, 2016). Those who are incarcerated and let back into the community offend revert back to crime due to mental health, drug, and substance related issues left untreated. The issues rest in those in custody not being treated for the issues that cause crime. Society endures more victimization. As a result, we have an overloaded criminal justice system. Statistics show 40% of released offenders violated conditions through use of drugs and return back to prison leaving a trail of victims. Ex-offenders often do not receive rehabilitation of self to cease crime, change behaviors, deal with substance abuse, mental health issues, life sills, or learn skills to reform actions leading to recidivism and becoming a productive citizen. “The end result is a continued strain on the system (BJS, 2016). Those entangled in our justice system are not given the preventative maintenance, rehabilitation while incarcerated, or skills to thrive upon
  • 31. 31 release. As of 2013, “50% of Federal inmates and 53% of inmates created violent, property, and under crimes while under the influence of a substance or alcohol” (Carson, 2014). As stated previously, offenders have developed the complex level of criminal thinking and behaviors through not dealing with the issues prior to committing a crime. Direct issues of criminal activity, drug abuse, and mental health are not worked on as shown through incarceration rates. The Bureau of Justice reports, “The adult correctional system supervised approximately 6,851,000” (2014). This number clearly shows a need to assist those who are incarcerated or to reform as an alternative to incarceration and a strong need to focus on fixing the issue. I intended to put my all into doing so. Addressing the needs of life skills, poverty, education, substance abuse, and mental health can assist with a foundation of reform through continued support to become a productive member of society. Severson, Veeh, Bruns & Lee noted, “The complexity of criminal thinking and behaviors that develop of a period of years preclude them from being adequately addressed by a single program or intervention” (Severson, Veeh, Bruns & Lee, 2012). I propose to address all issues and barriers and seek to do so before or after incarceration. NAMI notated, “One in Five U.S adults equate to 43.8 million who have experienced mental health issues annually” (AMI, 2016). Furthermore, a self-reported study has shown 73% of State females inmates and 55% of males have documented mental health problem as opposed to 61% of females and 41% of male Federal inmates” (Doris, 2006). The statistical information shows a lack of preventative maintenance before victimization and lack of preventive treatment prior to crimes committed, during incarceration, and after reentry. The figures also show, justice reform is needed as we continue fail victims of crime, offenders from obtaining treatment. American citizens could have safer neighborhoods, less
  • 32. 32 victimization, more recidivism, productive citizens, and save money for the states through treatment. I propose to be a part of the solution and not a part of the problem through providing evidence based treatment towards reform to obtain the treatment and skills needed to reduce the number of victims, offenders, and less money spent to warehouse persons. Implementing My Education I purpose to use my education to acquire a position leading a Justice Reform Department or comparable program to work directly with those incarcerated, on parole, or probation to bring forth a decline in recidivism. My weapons of choice include extensive experience in substance abuse, alcohol, behavior, and mental health experience. Educationally, I am aware of social issues that clash with public safety and law and order. I have taken many years to study the issues of society and offenders to better understand how to my education can make a difference. I find myself to be equipped through life, education, and years of work experience combating the issues that cause crime and plague the system. What Education Encompasses Webster states: “Education is the result produced by instruction, training, or study. As well as, preparing self or others intellectually for mature life” (2016). The successful completion of my Master’s Degree in Criminal Justice with emphasis in legal studies shows my passion and mastery in training. However, I have also acquired numerous training in SMART recovery to assist those in the system or danger entering the system with substance and addiction abuse. My educational training and nationwide certification as a Peer Support Specialist III will assist those with support along the journey to reform, acquire life skills, and gain supported employment to better oneself.
  • 33. 33 I purpose to utilize my educational experience, life experience, and work experience in conjunction with my pending Behavioral Health Professional Certification to further assist the said members sitting idly and untreated within the criminal justice system. I will use my skills and education to provide the skills to treat, reform, and motivate them towards being a productive members of society. My proposal and approach is to bring my health care education and experience together with my life experience and education to reform individuals through justice and health care reform. “The mental health system has taken on more than just simply providing treatments and has become involved in such things as housing, employment, education” (Stanhope & Henwood, n.d). Peer support deals with each case, specific disease, and need individually to bring froth a wholly recovered person who is fully functional in society and less strain on the criminal justice system and the public. Behavioral Health Reform Meets Justice Reform My proposal is to assist the members of the community who in need of assistance to reform whether the issue is based on a mental health issues, homeless, addiction, substance, or other barrier demanding to be addressed to bring down the recidivism and offender rates that we have seen rise over the last 30 years. I intend to use my “education” for those who are one of the statics in the system or those in need of breaking the cycle to productivity. Mental health and crime go hand in hand with social issues that included homelessness, drug addiction, substance abuse, trauma, and lack of individual care to reform. Assistance is sought through working hand in hand with providers who are involved with the care of the individually and working with an entire nation of community based “proven” resources to treat and refer. SMASHA notes: “the trauma and justice approach specifically deals with those who are involved with the criminal justice system and meet the needs of the clients to address treatment needs” (Montvilo, (2015).
  • 34. 34 To better address the social issues that plague the system, I propose to work toward and secure a profession in one of the areas allowing me to showcase my education skills and talents driven by my passion for reform and social issues. I plan to pursue Forensics training, a subspecialty profession of Criminal Justice to bring forth change and reform and provide more assistance towards reform through the education I have striven to acquire. The American Psychological Association stated: “Forensic training may involve a subspecialty such as a (MLS) Masters of Legal Studies or a Master of Criminal Justice (MSCJ). (Montvilo, 2015). I bring with me a Masters in Criminal Justices with emphasis in Legal Studies combined with years of work experience in both areas and a clear track record of changing the path of lives through treatment, support, providing skills, preventative maintenance, firsthand knowledge of barriers, and creating more safe communities. Finally, I am certain that I can reform through employment, life skills, peer support, mental health, legal studies, community based interactions, experience with the courts, assisting through Supportive Employment, obtaining housing for the homeless, mentally ill, and those release from prison. I purpose to work aggressively and use what I have learned educationally to focus on reform to better the quality of lives for all concerning public safety and reform.
  • 35. 35 References Carson, E. Ann. Prisoners in 2014. Washington, DC: US Dept. of Justice Bureau of Justice Statistics, Sept. 2015, NCJ248955, p. 16 (state) and p. 17 (federal). http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5387 http://www.bjs.gov/content/pub/pdf/p14.pdf. James, Doris J. and Lauren E. Glaze. 2006. Mental Health Problems of Prison and Jail Inmates. Washington, DC: Bureau of Justice Statistics, U.S. Government Printing Office http://www.census.gov/ Any Mental Illness (AMI) Among Adults. (n.d.). Retrieved October 23, 2015, from http://www.nimh.nih.gov/health/statistics/prevalence/any-mental-illness-ami-among-adults. Montvilo, R. P. (2015). Substance Abuse and Mental Health Services Administration (SAMHSA). Salem Press Encyclopedia of Health. Severson, M. E., Veeh, C., Bruns, K., & Lee, J. (2012). Who goes back to prison; who does not: A multiyear view of reentry program participants. Journal of Offender Rehabilitation, 51(5), 295-315. doi:10.1080/10509674.2012.677944
  • 36. 36 Stanhope, V., & Henwood, B. (n.d). Activating People to Address Their Health Care Needs: Learning from People with Lived Experience of Chronic Illnesses. Community Mental Health Journal, 50(6), 656-663.