Criminal Law

Answer the fallowing question: Imagine a 22-year-old male offender named Mike (or Mikaela) with a history of drug abuse and joblessness who has three previous convictions for burglary of an unoccupied dwelling and who has been most recently convicted of armed robbery of a convenience store. Of the five goals/justifications of criminal punishment discussed in the course, deterrence, retribution, rehabilitation, incapacitation, and reintegration, explain which goal/goals you believe should be pursued by the criminal justice system and why. Explain your answer by providing supporting evidence for goals that should be pursued and evidence against goals you believe should not be pursued.

Develop a Problem Statement for a Current Criminal Justice Issue. For this assignment, write a letter to your senator discussing a criminal justice issue that is affecting your area. Your local newspaper will be a great source to help you identify the issues. In your letter, be sure to address the following: What is the problem? Where is the problem? Who does it affect? What is the prevalence of the problem What would you like to see happen to address the issue? Use evidence, court cases, criminal justice policy, or any item to support your stance and strengthen your argument. Include a minimum of one newspaper article.

A general strain theory was proposed by Robert Agnew. In this theory, he proposed that strain did not arise when people had a failure to meet the American Dream, but that everyone, in every social class, had frustrations in his or her daily life. Most strain theorists listed failure to achieve goals as a major strain precipitator. Agnew had identified two additional sources of strain: presentation of noxious stimuli and removal of positively valued stimuli. Examples of presentation of noxious stimuli would be an abusive parent, an overly critical instructor, and an overly demanding employer. Examples of the removal of positively valued stimuli would be losing a job, getting a divorce, and filing for bankruptcy.

For a number of years, the New York City Police Department engaged in a “stop, question and frisk” policy that drew widespread criticism.  Research and evaluate this policy and discuss the pros and cons of the practice.  Your submission should address your evaluation of the intended purpose of the policy and identify and assess any unintended consequences that resulted. Your paper must be four (4) pages in length with at least five (5) references.

A simple formula may be used to determine the admissibility of evidence: Admissible Evidence = Authenticity + Relevancy + Competency Please explain what is meant by authenticity, relevancy, and competency.  Explain how evidence may be relevant and authentic, but may not be admissible because of Constitutional concerns that render the evidence incompetent.

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) is an Act signed by United States Congress on April 24, 1996. The bill was introduced as part of Speaker of the House Newt Gingrich’s Contract with America, passed with such strong bipartisan support by Congress following the Oklahoma City bombing, and signed into law by the United States President Bill Clinton.

The Supreme Court has held that the Sixth Amendment right to counsel requires police to secure a valid waiver of the right to counsel or see to it that counsel is present at any pre-trial “critical stage” of a criminal prosecution.  Referring to the Miranda v. Arizona, 384 U.S. 436 (1966) case, discuss how the Court applied  the requirements of the Sixth Amendment right to counsel to custodial interrogation.

The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which characterizes the U.S. criminal justice process, is at its peak. Use the Strayer Online Library (https://research.strayer.edu) to research, identify, and discuss a criminal case from within the last three years. Analyze and evaluate the steps which brought the individual to trial beginning with the arrest phase of the process. Write a 4- to 6-page paper in which you: Summarize the events leading up to the arrest and identify and discuss the four elements of the arrest related to this case. Identify the four requirements for search and seizure with a warrant and describe how the search and seizure process was carried out for this case. Explain the various aspects of the plain view doctrine and describe how this is relevant to this case. Compare and contrast the various means of identifying suspects and describe the process used in this case. Summarize the basic constitutional rights of the accused during trial. Use at least five quality references. Note: Wikipedia and other similar websites do not qualify as academic resources. Your assignment must follow these formatting requirements: This course requires use of new Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details. Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow SWS or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Critically debate the constitutional safeguards of key amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments. Explain and debate fundamental Supreme Court cases associated with criminal procedure. Define and describe Constitutional laws and associated court procedures. Explain and debate fundamental Supreme Court cases associated with criminal procedure.

Using 150 words for each response, constructively critique each response utilizing one scholarly source and one biblical source to help back your answer. Also use “Criminal Law” by Gardner & Anderson 1. 1. What is the origin and biblical basis for the death penalty? The origin of the death penalty can be traced to the Noahic Covenant. In Genesis 9, after the Great Flood, God establishes a covenant with Noah. Within this agreement, God declares the punishment for murder. “And for your lifeblood I will require a reckoning: from every beast I will require it and from man. From his fellow man I will require a reckoning for the life of man. Whoever sheds the blood of man, by man shall his blood be shed, for God made man in his own image.” (Gen. 9:5-6, English Standard Version) The Mosaic Covenant ultimately outlines multiple violations that require death as a penalty, but it began here with Noah. The original sin that constituted death as a penalty was when the violator took a life himself. This principle established by God reveals that there is proportionately in terms of punishment. If someone intentionally sheds the blood of another in the way of murder, then it is only right that their life be taken. 2. Is there a difference between the Old and New Testament approaches to the death penalty? The coming of Christ clearly established a new way. Jesus fulfilled the ceremonial and judicial requirements of the law by being the ultimate sacrifice that had no blemish. Christ fulfilled the moral aspect of the law by living perfectly; consequently, we are called to live according to those moral principles. The principle of proportional justice still stands in moral principle. for he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer. (Rom. 13:4) Paul’s epistle to the church of Rome explains that God has ordained government to carry out his wrath, and the sword may be used to exact this wrath. The penalty of death may still apply within the covering of the New Covenant; however, there is clearly a difference a far as what carries the death penalty. In John’s Gospel, a woman is brought before Jesus that is accused of adultery. The scribes and Pharisees advise Jesus that the Law demands she be put to death. Jesus responds, “‘Let him who is without sin among you be the first to throw a stone at her’” (Jhn. 8:7). Ultimately, no one in the crowd chooses to stone the woman. Based upon the saving work of Christ, there is clearly a difference of what should be penalized by putting the violator to death versus the Old Testament law. 3. Explain the U.S. Supreme Court’s treatment of juveniles and the mentally ill in death penalty cases. The Liberty University (n.d.) presentation cites the United States (US) Supreme Court case Roper v. Simmons, 543 U.S. 551 (2005) in slide five. This case set precedent that established the death penalty as cruel and unusual punishment for an offender under the age of 18. The court cited evolving standards of decency, which notates that things that were not considered cruel and unusual in the past, may be considered cruel and unusual now; this precedent was set in a case involving a death penalty sentence for someone that was deemed mentally ill (Liberty University, n.d., slide 5). Gardner & Anderson (2018) cite multiple US Supreme Court cases that limit the use of the death penalty as well as establish clear guidelines as to its use. Ford v. Wainwright, 477 U.S. 399 (1986) set precedent that ruled “… the Eight Amendment prohibits the execution of a prisoner who is insane at the time of the execution”(Gardner & Anderson, 2018, Ch. 8-4a). Atkins v. Virginia, 536 U.S. 304 (2002) set precedent that declared the death penalty for defendants with mental retardation was cruel and unusual punishment (Gardner & Anderson, 2018, Ch. 8-4a).

Which model of bureaucracy best explains the way the government currently operates? Why? In what ways might the patronage system be made more efficient? Respond to at least 2 other students’ posts. Chapter 15 Learning Objectives: Explain the three different models sociologists and others use to understand bureaucracies Explain the way Congress, the president, bureaucrats, and citizens provide meaningful oversight over the bureaucracies Remember to incorporate the course readings to form a foundation for your responses. Be sure to discuss relevant examples. Additionally, you must properly cite the course text (Krutz, 2020, page number). Consult the Discussion Grading Guidelines for additional details.