Criminal Law

Do you believe that the current prison and jail systems are adequate? Is the current system meeting the needs of the inmates and society? Explain why you believe the system is adequate or inadequate to meet the various interests. Use specific cases to support your position. The question is purposefully vague, before you can respond to the issue of adequacy; you must first describe the roles of the prisons and jails as you see it. Be sure to state if you are discussing jails or prisons. When asked, you need to provide a specific example and cite the source. Do not use personal cases as examples.

The 4th Amendment The Fourth Amendment to The Constitution of the United States reads: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.” Fruit of the Poisonous Tree The exclusionary rule is a mechanism for protecting 4th Amendment rights by, in some circumstances, disallowing illegally gathered evidence from being used against a defendant at trial. Consider the following scenario: A Case of ‘Who did it?’ Mary Ellis, a widow, lives in a townhouse that she shares with her adult son, William, who does not pay rent. Mrs. Ellis awakens on a Saturday morning and goes to her walk-in closet, where she finds a man whom she recognizes as a neighbor, Clyde Stevens, lying on the floor unresponsive. Mrs. Ellis calls 911. Minutes later, police and EMS personnel arrive. Mr. Stevens is pronounced dead from an apparent stabbing, as he has a large butcher knife protruding from his back. Mrs. Ellis, a senior citizen, is transported to the hospital for observation, quite distraught. Police establish a crime scene and call for detectives and crime scene specialists, who arrive and begin to investigate. Detectives begin a canvass and interview Clyde Stevens wife, Sheila. Mrs. Stevens tells police that William Ellis has entered her townhouse several times unannounced and on one occasion appeared to be trying to get into her bed. Mrs. Stevens gives the police consent to search the house for any potential evidence that might identify her husband’s killer. Crime scene investigators actively process the scene. In William’s bedroom, technicians develop a blood fingerprint adjacent to a light switch, using an amino acid stain, after locating the print using the absorptive properties of blood and a portable argon laser. The crime scene investigator photographs the print and recovers a sample of the blood for DNA analysis. The print is from the right index finger of William Ellis, and DNA analysis matches the blood to Clyde Stevens. On the basis of this and associated evidence from the Stevens and Ellis residences, an arrest warrant is issued for William Ellis. William is arrested in Utah and extradited to Illinois to stand trial. His lawyer files a motion to exclude evidence. Complete a 1500-1750-word essay that addresses the following: • How does the 4th Amendment apply to police entry into a person’s home? • What is needed for police to obtain a warrant to search a home? • Under what circumstances can police enter a private residence without one? • Could police have entered Mary Ellis’s home legally without a warrant? • To what extent, if any, could police legally gather evidence from the Ellis home without a warrant? • If police conduct an illegal search, are they civilly liable for their actions? A review of the Mincey v Arizona case will assist in the completion of this assignment.

Assess cross-cultural communication as an essential element of professionalism in criminal justice fields. • Choose one scenario or case study that demonstrates the effect race, gender, culture, or sexual orientation has on interactions with police officers. ? You can find scenarios in your readings or online. ? Examples include: Rodney King, Brandon Teena, Trayvon Martin, Michael Brown, Elian Gonzalez. ? Once you have identified your case, you will summarize it and identify themes from the course material (i.e., gender discrimination, stereotyping, communication styles, hate crimes, community based policing, etc.). • After identifying themes from the course material, think about the way the individuals within your case study were impacted by the conduct of others. What ethical issues can you identify within your case study? How can those challenges within the criminal justice system be overcome? • The goal of this presentation is to demonstrate your understanding of how a person’s race, culture, gender, or sexual orientation can play a role in a situation. PowerPoint Instructions • Check the slide length requirement excluding your introduction and reference slides. • The PowerPoint® should contain a title page and a list of references in APA format. • All internal citation of outside sources plus the listing of all references should also adhere to APA format. • Use one basic slide design and layout. • Limit slides to between 5 and 7 lines of content. • Use bullets for your main points. • Use speaker notes to fully explain what is being discussed in the bullet points as though you are presenting to an audience.

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