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Assignment: Evaluate the equity of due process in the United States. Instructions The United States judicial systems are based on the Constitution of the United States guaranteeing due process of the law. All court officers, prosecutors, defense attorneys, public defenders, and judges are bound to an oath of office and the code of ethics to obey to the law. Everybody is equal in front of the law. Is this statement still valid? Create a critical analysis based on the following statements: The prosecutor evaluates the evidence and facts of a case and decides to prosecute or to nolle prosequi the criminal cases. Explain how the “the desire to win” can lead a prosecutor to pursue a case that should be dropped? Provide an example to strengthen your argument. Most minority offenders are indigent and can’t afford a private defense attorney. Therefore, the court will assign a public defender to represent the defendant. The public defender maintains a heavy workload with minimum budgets. Does the public defender behave ethically when he or she is pushing plea bargains in most cases or is plea bargaining a violation of a defendant’s rights to due process? In the prisons and jails, minorities represent most of the population. Determine if sentencing decisions discriminate against certain groups. Determine if more whites are sentenced to probation versus minorities, even when they commit the same crime. Support your answer with statistical information. Indicate if those sentences are unethical, and then determine what can be done to minimize discrimination. Most of the sentences are retributive, resulting in incarceration. Consider the three ethical frameworks for punishment: 1) utilitarianism, 2) deontology, and 3) peacemaking. Which framework should serve as the ethical framework for punishment today? Support your decision with an example. Length: 8 pages References: Include a minimum of fifteen scholarly resources. Your essay should demonstrate thoughtful consideration of the ideas and concepts that are presented in the course and provide new thoughts and insights relating directly to this topic. Your response should reflect graduate-level writing and APA standards. .
Assignment Evaluate the equity of due process in the United Sta.docx
Assignment Evaluate the equity of due process in the United Sta.docx
faithxdunce63732
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Why Brief a Case? Cases are written by lawyers for lawyers. Consequently, there's a structure and method unlike any other type of writing that you've read. Once you know the structure and method, you'll be able to breeze through cases quickly. When the writing is brilliant - for example, cases written by Holmes, Cardozo and Learned Hand - the cases can be as enjoyable as a good piece of fiction. There's drama, conflict, resolution, humor and pathos. Other times, the writing is very non-linear and leaves out important elements, such as the facts of a case. Briefing is the first step in learning how to outline. The brief should distill a case down to its elements, which allows you to immediately understand the principal legal issues at a glance. When you are under the pressure of the harsh glare of an aggressive professor, you want to be able to take one look at the brief and know the answer. Case briefs are an important tool, but it's also important to keep briefs in perspective. Many students labor intensively over case briefs by creating forms and making sure that the wording is perfect. A brief is just a tool that helps you accomplish three things - build comprehension, answer questions in class and complete an outline. You'll never be graded on a brief. If you're spending time on stylistic niceties that don't accomplish one of the three goals then you're not spending time wisely. Three Reasons to Brief a Case 1. Rewriting the material leads to better comprehension. 2. Creates a cheat sheet for questions in class. 3. Serves as a starting point for outlining. Briefing is a phase that you eventually grow out of. After the first semester, students tend to brief a lot less. Their briefs may just end up being therule of law or they will write notes in the margin of the casebook, which highlight the different elements. While some complex cases in your second and third years demand briefing, you will probably pick up the skills you need in your first year to analyze cases on the fly. http://lawnerds.com/guide/outlining.html#WhyOutline? http://lawnerds.com/guide/class.html#TheFirstDay http://lawnerds.com/guide/outlining.html#WhyOutline? http://lawnerds.com/guide/irac.html#Rule How to Brief a Case Briefs should be a one-page summary of the case. Structure the summary according to the elements listed below. The structure adheres to the types of questions the professor asks in class and to the information you'll need for outlining. Not every case can be summed up in one page, but it's a good discipline to attempt to condense the material. THE ELEMENTS OF BRIEFING Procedural History Legal Issue Facts of Case Statement of Rule Policy Dicta Reasoning Holding Concurrence Dissents You might consider creating a standard form using a word processor, then fill in the blanks as you read the case. You may want to modify the form as you go along through the semester. Professor.
Why Brief a Case Cases are written by lawyers for lawyers.docx
Why Brief a Case Cases are written by lawyers for lawyers.docx
alanfhall8953
1 How to Brief a Case Prepared for the Legal Studies Program American Public University System December 2013 Introduction: A case brief is a concise summary of the significance of a case. It is a bit like a “book report,” but with very special rules! It is a time-honored practice used throughout the legal profession and law schools. As a teaching tool, the case brief forces the student to identify and provide a written description of the most important aspects of a case. Legal precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process. Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which will address the same or similar issue. Therefore, understanding a court’s decision and the rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to the study of law. The case brief serves as a very useful vehicle by means of which to analyze and understand judicial decisions. A case brief is a tool by means of which to “capture” or outline the most important aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together quotes from the court’s opinion. The brief should be written in your own words, based on your understanding of the case. Of course, select quotes of the court’s words can be useful, if used sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least several different methods or models for writing the case brief; these are based on personal preferences. In the Legal Studies Program, however, the format described here will be used for all of the case briefs which you are required to write in your courses. By using this uniform format, you will gain familiarity with the case analysis and brief writing process. Often, your textbooks will contain synopses of or abbreviated versions of courts’ opinions. When you want to understand a court’s decision, it is essential that you read the entire opinion, rather than a mere summary. Therefore, the first step in the brief writing process is always to thoroughly read the entire case. This includes reading any concurring and dissenting opinions of members of the court. In this regard, be very sure that you are reading the entire opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is presented at one link, the majority opinion is presented at another link, etc. You need to read all portions of the opinion as all of them are relevant to your analysis of the case. For example, if there are strong dissenting opinions based on key legal points, this could predict what the court might decide in the future on similar issues. 1. Case Name and Citation: As a header on the first page of your brief, you should state the name of the case, identify each party’s role in the cas ...
1 How to Brief a Case Prepared for the Legal S.docx
1 How to Brief a Case Prepared for the Legal S.docx
honey725342
1 Saint Leo University CRM/POL 123 Introduction to Law and the Legal System Course Description: This course is an introductory survey of the history, structures, and processes of the U.S. legal system. It is designed to be taken as a first University-level course in law and should precede more specialized courses such as criminal, business, or constitutional law. Covered are basic legal concepts such as due process, the structure of the U.S. court system, and the major subdivisions of law such as civil procedure, criminal procedure, and the law of torts. The role of law in society, the analysis of judicial reasoning, and the application of legal concepts to factual situations are stressed. Prerequisite: None Textbook: The textbook information which appears on our Saint Leo Bookstore ordering site is as follows: Schubert (2015). Introduction to Law and the Legal System 11thEdition. Loose-leaf (Custom) ISBN-13: 978-1-337-68560-3 Schubert (2015). Introduction to Law and the Legal System 11thEdition. E-Book (Custom) ISBN-13: 978-1-337-56847-0 Your custom textbook was created from the following National text(s): Schubert (2015). Introduction to Law and the Legal System 11th Edition ISBN-13: 978-1-285-43825-2 Ch. 1-9 Samaha (2015). Criminal Procedure 9th Edition ISBN-13: 978-1-285-45787-1 Ch. 1-8, 10 & 15 Course Objectives: 1. Students must demonstrate a basic understanding of legal concepts such as substantive and procedural due process, constitutional interpretation, appellate review, and the history of the U.S. legal system. 2. Students must be familiar with the structure and jurisdiction of the U.S. court systems. 3. Students must demonstrate a basic familiarity with civil procedure. 4. Students should be able to demonstrate that they can brief and understand appellate court decisions. 5. Students should be able to demonstrate that they know how to apply case and statutory law to factual situations. 6. Students must demonstrate a basic familiarity with criminal law and procedure. 7. Students must be aware of the applications of equity and the spectrum of judicial remedies. 8. Students must demonstrate a basic familiarity with alternative dispute resolution. 9. Students must demonstrate a basic familiarity with contracts. 10. Students must demonstrate a basic familiarity with the law of torts. 11. Students must demonstrate a basic familiarity with the relationship between legislation and court law. 12. Students must be aware of the applications of administrative regulations. Core Value: 2 Personal Development: Saint Leo University stresses the development of every person’s mind, spirit, and body for a balanced life. All members of the Saint Leo University community must demonstrate their commitment to personal development to help strengthen the character of our community. Evaluation: Assignment % of Grade Discussions (8) 8 Case Bri ...
1 Saint Leo University CRMPOL 123 Introduction.docx
1 Saint Leo University CRMPOL 123 Introduction.docx
jeremylockett77
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STUDENT BRIEFS A comprehensive brief will include following elements: 1. Title and Citation
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albert0081
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Essay brief 20172018 module titlethe criminal justice process
Essay brief 20172018 module titlethe criminal justice process
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Sample Paper: Assignment #3 This paper earned a grade of 47/50 This grade consists of these components, per the rubric: Written Communication: 48 Critical Thinking: 46 Read the comments that follow the sample paper to learn what the graders are looking for and how they communicate those instructions. File name: Assignment_3.pdf (35.69K) Word count: 797 Character count: 3862 1 2 3 4 5 FINAL GRADE 47/50 Assignment #3 GRADEMARK REPORT GENERAL COMMENTS Instructor Ethical Dilemma: Great job! Ethical dilemma is identified correctly. You have also aptly described the competing pulls on Luke and brought out the ethical dilemma he faces here. The Golden Rule: Some good arguments made here towards theory application, but it is not complete! To apply this theory, you need to put him into other relevant stakeholders’ shoes (such as ABC’s stakeholders, other local community members, regulatory authorities, etc.) and ask what he would want himself to do in each case. Complete your arguments from each stakeholder’s perspective. The next question is how he prioritizes between different choices. You also need to consider the theory’s criticism that the Golden Rule leads you to the best decision only if you’re highly ethical. You need to discuss what its implications are. What does this hold for Luke? Does this help you to make a recommendation to Luke with greater support from the theory? Consider ending this section with a preliminary conclusion here, to sum up your recommendation using this theory. Virtue Ethics: Some good arguments made to describe the dilemma that Luke faces here, considering competing values. So, what does he do? Perhaps, you could argue this better using the standards of Luke’s professional and social communities, and the perspective of the disclosure rule. How would Luke feel if his professional community was to come to know that he had informed his brother about the upcoming project? What type of person does Luke want to be (by reference to his community)? What character traits does he want to have? Does consideration of the Disclosure Rule help you make decision for Luke? Final recommendation: Your final recommendations for Luke needed to be supported by arguments made towards application of theories to case facts. Application of theories to case facts needed to be done more completely, as indicated above. A little more support to your final recommendations would make it more convincing. Also, consideration of the criticism of the theories may help decide which of the theories may be more applicable in this case. Understanding the theories, the case facts and the approach to finding a solution to the given problem needs to be tackled in a systematic manner. All relevant aspects of the theories, and the choices and their consequences must be equally considered. Written communication: Good effort! A little better organization of the application of theories to the case facts will he.
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Sample Paper Assignment #3This paper earned a grade of 47.docx
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