02 Feb (TCO 10) Identify and briefly

JADM240 Introduction to the Criminal Courts

Week 1 discussion

DQ1 LAWS IN EVERYDAY LIFE

Think of all the laws that have affected you in the last 24 hours. Why were these laws passed?

DQ2 VIOLATIONS OF CRIMINAL AND CIVIL LAW

Provide an example of a criminal law and civil law. Fundamentally, how do these laws differ?

JADM240 Introduction to the Criminal Courts

Week 2 discussion

DQ1 DEFENSES TO CRIMES

Compare and contrast some of the general legal defenses used by defendants in court.

DQ2 THE CASE OF BRANDI BLACKBEAR

Go to the Internet and research the case of Brandi Blackbear. Then answer the following questions:

Should Brandi have been suspended based on the evidence the school had? Were her civil rights violated? What about her rights to privacy? Should students in school ever have their first amendment rights revoked?

JADM240 Introduction to the Criminal Courts

Week 3 discussion

DQ1 THE PROSECUTOR AND THE DEFENSE ATTORNEY

Prosecutors and defense attorneys are on opposites sides of the adversarial process, but their jobs are equally essential to the proper functioning of our system of criminal justice. Compare and contrast their roles and describe the benefit each has to society. Why are each necessary?

DQ2 JUDGE’S ROLE

Do you feel drug courts and community programs are a good investment? Why or why not?

JADM240 Introduction to the Criminal Courts

Week 4 discussion

DQ1 OBTAINING CRIMINAL DEFENSE COUNSEL

Slick has just been charged and indicted for two counts of burglary. Since Slick has been declared indigent, the judge ponders her options for providing Slick legal counsel. What are the judge’s options? State them and explain which one you would have chosen as the judge.

DQ2 JURY SELECTION

What factors in terms of a juror’s background may come into play when prosecutors and defense attorneys seek to use a preemptory or for cause challenge against them during voir dire?

JADM240 Introduction to the Criminal Courts

Week 5 discussion

DQ1 THE PURPOSE OF PLEA BARGAINING

Why do we allow plea bargaining? Should it be permitted in every case?

DQ2 SHOULD BAIL BE AN ENTITLEMENT?

Are there times when a judge or magistrate should issue a high bond in a given case? Why or why not?

JADM240 Introduction to the Criminal Courts

Week 6 discussion

DQ1 THE TRIAL

Summarize the key points of a criminal trial and describe the pros and cons of jury selection for the defense or prosecution.

DQ2 SHOULD A JUVENILE BE TREATED AS AN ADULT?

What factors should be considered when deciding whether a juvenile should be tried as a juvenile or as an adult?

Who do you think should make the decision—prosecutors or judges?

JADM240 Introduction to the Criminal Courts

Week 7 discussion

DQ1 WHY’D YOU DO IT?

Do you agree with this statement?: “Changes in sentencing law and policy, not increases in crime rates, explain most of the six-fold increase in the national prison population.”

Take a look at this website: The Sentencing Project (Links to an external site.)Links to an external site.

To what would you attribute the increase in the national prison population? Is more than one factor at play?

DQ2 PRESENTENCE REPORTS

Class, what is a presentence report? What is its purpose?

JADM240 Introduction to the Criminal Courts

WEEK 2 ASSIGNMENT MAPP V. OHIO

Complete this assignment – 4th Amendment and Mapp V. Ohio.

This assignment should be 350-500 words, double-spaced, size 12 font. Click here (Links to an external site.)Links to an external site. to view the grading rubric for this assignment.

Your paper should include a cover page that includes: (1) assignment title, (2) date of submission, (3) course designation, and (4) your name. Your paper should be paginated and include a reference page. Work cited in the body of the assignment should be properly noted using APA format.

The assignment overviews the landmark Supreme Court Case Mapp v. Ohio, discussed in Chapter 3 of the text. The body of the assignment should contain the following sections:

introduction that provides an overview of your assignment

facts at issue in the case

arguments set forth by the petitioner (Mapp)

court’s ruling in the case and impact on future cases

conclusion, in which you provide your own opinions about how the court ruled in Mapp v. Ohio

Your assignment will also be evaluated on your use of proper grammar, punctuation, and spelling.

Late assignments will receive a 10% deduction each day your paper is late.

The assignment is worth 100 points. Be sure to review the grading rublric so that you are familiar with the points distribution in this assignment.

Submit your assignment.

JADM240 Introduction to the Criminal Courts

WEEK 4 ASSIGNMENT- THE ROLES OF JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS

Complete this assignment – The Roles of Judges, Prosecutors, and Defense Attorneys. Click here (Links to an external site.)Links to an external site. to view the detailed assignment instruction and click here (Links to an external site.)Links to an external site. for the grading rubric.

The paper should include a cover page and a reference page. This assignment should be 350-500 words, double-spaced, size 12 font. This assignment is worth 100 points.

Submit your assignment.

Assignment Instructions

The Week 4 Assignment serves to provide you with a better understanding of the roles of the judge, the prosecutor, and the defense attorney. Each plays individual roles in the courtroom, but in most cases, each role is intermingled. Each of the primary sections of the assignment contains a short fact pattern followed by specific questions you should address. While addressing these questions, be sure to consult the course lectures and readings. Moreover, be sure to add your own perspectives when appropriate. Papers that are insightful, creative, and complete will garner more points than papers that do not have these qualities.

I. General Instructions:

This assignment should be between 350-500 words, double-spaced, and using 12-point font. The document should include a cover page and a reference page.

Submit your assignment to the Week 2 Dropbox (use the silver “Dropbox” tab at the top of this page). For instructions on how to use the Dropbox, please click here.

Late work: Assignments turned in late will receive a 10% reduction per day of overall points earned.

II. Cover Page

1. Name

2. Course Designation

3. Date

4. Assignment Title

II. Section 1: Introduction

State what is discussed in the document.

III. Section II: The Role of Prosecutor

A. Fact Pattern: Joe Justice is a local county prosecutor in the state of Ohio. One day, Joe receives a law enforcement felony packet that details the investigation on suspects Slick Martin and Jim Lawbreaker. The police agency investigated their involvement in a robbery at a local grocery store. Based on the facts, Martin entered the store armed with a firearm. Lawbreaker waited in a car located in back of the store.

Once in the store, Martin demanded cash from grocery store clerk, Sally Deal. After Martin fled, Deal called the police and they responded to the store. During the investigation, Deal is interviewed by police. Although scared, she provides a general description of Martin. A stock clerk, Jim Logan, also provides police a description of a car. The back door is printed for fingerprints and a tire print is found in the mud outside the back door where Logan saw the car drive away. Photos of the tire tread impressions are taken and fingerprints are lifted off the backdoor.

Four hours after the robbery, police stop a car matching the description of the car used in the robbery. The driver, Jim Lawbreaker, is arrested due to an outstanding warrant. The car is impounded and a warrant is obtained to search the entire car. When searched, a gun is found in the center console. The gun is processed for DNA, and the police interview Lawbreaker and tell him they found the gun in his car. Police also tell him the car matches the car that was used in a robbery not more than four hours ago. Lawbreaker, after being read his Miranda rights and interviewed for a period of time, tells police he and Martin committed the robbery. A DNA sample is taken from Lawbreaker.

Martin is interviewed by police after being arrested a couple weeks after the robbery. Martin tells police he knows nothing and requests a lawyer. Police swab his inner cheek to obtain a DNA sample.

Police show Sally Deal an arrangement of six photos with Martin’s picture in position #3. Deal points to the picture of Martin and says she is 90% sure that he is the robber.

After reviewing the felony packet, Joe Justice notices that the fingerprint, DNA, and car tire imprint analysis has not been completed. In addition, Joe receives a phone call from Jim Lawbreaker’s attorney stating that his client wants to make a deal to testify against Martin. Lawbreaker would plead guilty to one count of robbery with a minimum prison sentence and agree to testify against Martin.

B. Questions:

1. If Joe Justice wants to get the deal done with Jim Lawbreaker, what options does he have in terms of bringing charges against him?

2. Does Joe Justice have enough evidence to take a case against Slick Martin to grand jury?

3. When Slick Martin makes a request for an attorney, what constitutional right is he invoking?

4. What case law enables Slick to obtain a lawyer during questioning?

5. In order to bring charges against both Slick Martin and Jim Lawbreaker, what would you do as the prosecutor?

IV. Section III: Appointing Counsel

A. Fact Pattern: After formal charges are filed against Slick Martin, he appears at arraignment. Judge Fletcher calls Slick’s case. A request is made to have counsel appointed to Slick. Judge Fletcher is told that Slick has no means to pay for an attorney on his own

B. Questions

1. Prior to appointing counsel, what needs to be read out loud in open court?

2. What choices does Judge Fletcher have in appointing counsel for Slick Martin?

3. By appointing counsel, what constitutional right is Judge Fletcher upholding?

4. What case law supports Slick Martin’s right to counsel?

5. In your opinion, why is the right to counsel important?

V. Section IV: The Roles During Voir Dire

A. Fact Pattern: Slick Martin takes his armed robbery case to trial. Joe Justice and defense attorney, Frank Acquit, are in the process of picking a jury. The case is being tried in front of Judge Fairness. Both attorneys have addressed the jury pool. During questioning, Mr. Justice was concerned about Juror #9. Juror #9 is a middle aged, African American woman who is married with three children. She works for a local non-profit organization that helps people with drug and alcohol issues. When asked about police, she says she is not particularly fond of police due to past experiences when she was in college. In response to a question, Juror #9 states that police are dishonest at times.

Judge Fairness asks both attorneys if there are any challenges for cause. Both say no. Judge Fairness then asks Prosecutor Justice if he has a first preemptory challenge. Justice moves to strike juror #9 off the jury panel on the basis of a preemptory challenge. Defense Attorney Acquit objects to Justice’s attempt to strike Juror #9. Judge Fairness asks Acquit for a basis (reason) for his objection. (Slick Martin is also African American, in his early twenties.)

B. Questions:

1. What could be a basis (reason) for Mr. Acquit’s objection to the move to strike juror #9?

2. Could Judge Fairness force Mr. Acquit to establish a prima facie case? Why?

3. Could Judge Fairness force Mr. Justice to place on the record a race-neutral reason for removing Juror #9?

4. In your opinion, what arguments could Mr. Acquit make in support of his objections?

5. In your opinion, what argument could Mr. Justice make in support of Juror #9’s removal?

VI. Section V: What Role Would You Choose?

A. If you had a choice, what role would you pick as a potential career: judge, prosecutor, or defense attorney? Each plays an important and vital role in the court process. Be sure to provide reasons in support of your choice.

JADM240 Introduction to the Criminal Courts

WEEK 5 YOU DECIDE

This assignment should be 350-500 words, double-spaced, size 12 font. Click on the You Decide section to see what is required in this assignment. Be sure to review the grading rubric to see what sections need to be included in your submitted assignment.

Scenario Summary

This activity places you in the roles of judge, prosecutor, and defense attorney as they negotiate a plea bargain in a particular case. You are asked to respond to specific decision points in the plea negotiations involving Slick Martin’s case. Being charged with robbery, Slick’s case poses some challenges for all parties concerned. As part of your answers in this assignment, be sure to address the questions posed by the judge, prosecutor, and defense attorney. Your response should be between 350-500 words, doubled spaced, using 12-point font. Prior to starting your work on this assignment, you should review the grading rubrics (Links to an external site.)Links to an external site.carefully so that you include all graded items in your final product.

Your Role/Assignment

Currently, Slick Martin is charged with robbery. Slick was involved with robbing a grocery store with his buddy. His buddy indicated to the cashier that he had a gun while Slick stood beside him looking for others to come into the store. Neither the cashier nor any patrons were hurt during the robbery. Both Slick and his friend were apprehended by police only a few blocks away from the scene. Both were arrested without incident and admitted to police that they had, in fact, committed the crime. Slick is 19 years of age. He has been in and out of foster homes as a juvenile and has a juvenile record for shoplifting and car theft. This is his first time in adult court. Slick tells his attorney that he has a drug and alcohol problem. He also has no job and he never finished high school.

Robbery involving a gun has a penalty range of two to ten years in prison. At the felony level at which Slick is indicted, there is a presumption for prison to be imposed. There are also two lower forms of robbery that do not have such a presumption. The local jurisdiction has a community-based correctional facility (CBCF) that is used to divert offenders from prison. CBCF is a locked-down facility in which inmates work a six-to-nine-month program. Obtaining sobriety, an education, and job/life skills are the priorities in the program. Slick’s attorney has a good relationship with both the prosecutor and the judge.

Back in Judge Justice’s chambers, the parties convene to have a discussion about Slick’s case.

Read the scenario below and the questions posed by the prosecutor, defense attorney, and judge. You may also use the Week 5 Lecture and Chapter 11 as reference material.

Available Resources

The characters below are the key players in this case. Please review their information and conversations to each other below for more insight into this case. It will help you to answer the questions for this activity.

KEY PLAYERS

Jake Martin, Prosecutor

Jake Martin has been an assistant district attorney for 15 years. He is a no nonsense prosecutor who is not afraid to go to trial. But he is always willing to talk to defense attorneys about resolving cases. Back in the chamber, Martin tells the judge that Slick is at a turning point in his life. He comments that Slick has a bit of a juvenile record and that his current offense is serious.

Martin asks the defense attorney, “Chris, why I should take a risk on Slick and agree to probation?” He also asks Judge Justice, “Judge, how do you feel about CBCF?”

Chris Vaughn, defense attorney

Chris Vaughn has had her own legal practice for about 18 years. Her practice is exclusively criminal defense. She is thinking that both the prosecutor and the Judge could go either way on Slick in terms of arguing for prison. Vaughn starts out by telling Judge Justice and Prosecutor Martin that Slick is a lifelong resident in the community and has had a lot of family and substance abuse issues. Vaughn also comments that Slick has never been afforded any meaningfull programs to get his high school diploma or GED. She mentions that Slick has not received any substance abuse treatment and that his addiction was the basis for the robbery.

Vaughn asks Prosecutor Martin, “Jake, would you be willing to reduce the robbery charge such that there isn’t the presumption for prison?” Vaughn asks Judge Justice, “Judge, if probation is not an option, can you sentence Slick to a minimum sentence?”

William Justice, Judge

Judge Justice has been on the bench for more than 15 years and is considered a moderate to tough judge. But he is always open to open discussion on how to dispose of a case. He is accustomed to telling attorneys what he would do to defendants out of a plea bargain or after conviction at trial.

Judge Justice asks both attorneys, “Guys, what are my options here? What should we do with this Slick?” Judge Justice asks Defense Attorney Vaughn, “Why should I take a risk on this guy by not sending him to prison?” Judge Justice asks Prosecutor Martin, “Jake, are there any offers on the table for reducing the charges, or a recommendation on sentencing?”

Activity

Based on this information, please write a report that contains your response to each question below and best answers the three decision points in this group’s discussion.

Questions Pertaining to Prosecutor’s Role

In your opinion, what is the role of the prosecutor in this process?

If you were the prosecutor, how would you recommend resolving the case, and why?

In your response, be sure to address some of the questions that the defense attorney and judge have posed.

Questions Pertaining to Defense Attorney’s Role

In your opinion, what is the role of the defense attorney in this process?

If you were the defense attorney, how would you recommend resolving the case, and why?

In your response, be sure to address some of the questions that the prosecutor and judge have posed.

Questions Pertaining to Judge’s Role

In your opinion, what is the role of the Judge in this process?

If you were the Judge, how would you recommend resolving the case, and why?

As judge, do you perceive risks in granting probation to Slick?

How would you respond to some of the comments by the prosecutor and the defense attorney?

JADM240 Introduction to the Criminal Courts

Week 3 quiz

Question 1

(TCO 1) The law that requires convicted sex offenders to register with authorities so neighbors will know they are living in their community is called?

common law

tort law

1996 sex offender law

Megans Law

Question 2

(TCO 1) Unwritten or judge-made-law is called?

regulatory law

common law

substantive law

constitutional law

Question 3

(TCO 1) Killing a newborn child within 24 hours of birth is known as:

infant mortality

nzonaticide

infanticide

all of the above

Question 4

(TCO 1) A person who cleverly plans a murder has satisfied what part of a criminal offense?

mens rea

actus reus

corpus delecti

all of the above

Question 5

(TCO 2) A person breaking a contract with another person would primarily be governed by what type of law?

criminal law

common law

civil law

social law

Question 6

(TCO 2) The fifth amendment provides a defendant:

a right against self-incrimination

right to counsel

right to confront the police

all of the above

Question 7

(TC0 2) The ________, has used DNA technology to fight against unjust convictions. Since 2002, 102 people have been freed.

Res ipsa loquitor

Miller Project

Freedom Choice Project

Innocence Project

Question 8

(TC0 3) Double jeopardy protection was extended to juveniles by the Supreme Court in:

Foster decision

In re Jones

Kent v. United States

none of the above

Question 9

(TCO 3) The modern juvenile courts hear cases involving:

violations of criminal laws

status law offenses

cases where a child is abused, neglected, and destitute

all of the above

Question 10

(TC0 3) Prosecutors can initiate charges by means of:

indictment

information

subpoena

a and b

Question 11

(TCO 3) Prosecutors perform which of the duties?

supervising investigations of criminal and civil cases

case preparations

responding to issues related to appeals

all the above

Question 12

(TCO 3) A defendant has a right to counsel when they are facing ___ of incarceration:

1 year

at least 1 month

any length

all of the above

Question 13

(TCO 4) Research had documented a difference between privately retained counsel and government appointed counsel with respect to:

caseload

experience

organizational constraints

all of the above

Question 14

(TCO 4) Which president is credited with doing the most to integrate women into the judiciary?

George Bush (senior)

John Kennedy

Bill Clinton

Jimmy Carter

Question 15

(TCO 4) Judges are required to be:

impartial about their cases

apply the law fairly

avoid biased conduct

all of the above

Question 16

(TCO 2) What are the two elements of a crime? If one of these elements does not exist, can an act be defined as a crime?

Question 17

(TCO 4) Explain what is meant by “felony murder.” Can a defendant be convicted of first-degree (premeditated) murder based on the felony-murder doctrine?

Question 18

(TCO 3) Compare and contrast the roles of trial and appellate courts?

JADM240 Introduction to the Criminal Courts

Week 6 quiz

Question 1

(TCO 6) Trier of fact is the role of the_______ in a trial:

prosecutor

judge

jury

all of the above

Question 2

(TCO 6) What way(s) can a defendant have a trial?

bench trial

jury trial

trial by prosecutor

a and b

Question 3

(TCO 6) The process of selecting a jury is called:

voir dire

competitive selection

res ipsa loquitor

von mar

Question 4

(TCO 8) _____ _________ is the process by which the prosecutor, defense attorney, and possibly judge resolve a defendants case short of going to trial:

voir dire

motion to alter plea

plea bargain

negotiations

Question 5

(TCO 8) Which is the lease attractive plea bargain to the defendant?

reduced bargain

charge bargain

count bargain

sentence bargain

Question 6

(TCO 7) Depositing collateral, or money with the courts in exchange for the release of a defendant from jail prior to trial is know as?

a bribe

bail

security

deposit

Question 7

(TCO 7) Setting a bail is based on

a defendants prior record

seriousness of the alleged offense

flight risk of the defendant

all of the above

Question 8

(TCO 7) Under a _____ policy, a prosecutor may go ahead to pursue charges even when the victim refuses to sustain the complaint:

quantro

nolle contendre

no drop

all of the above

Question 9

(TCO 7) If a juvenile is adjudicated delinquent for underage consumption of alcohol, they have committed a:

tort

felony

misdemeanor

status offense

Question 10

(TCO 9) The average trial commonly lasts:

two days

between three days and one week

between two-to-three weeks

one day

Question 11

(TCO 9) The Sixth Amendments provision that provides the defendant the right to confront witnesses is called?

adversarial right

relief

confrontation clause

argument doctrine

Question 12

(TCO 9) The motion to suppress evidence is considered a:

pretrial motion

motion filed for a sentencing hearing

a motion for appeal

all of the above

Question 13

(TCO 9) A presentence report may contain information about a defendant’s:

past criminal record

employment history

substance abuse history

all of the above

Question 14

(TCO 10) When you decide not to park your car in a no parking zone due to the heavy fine that will be assessed against you, this is an instance of:

deterrence

rehabilitation

retribution

parens patriae

Question 15

(TCO 10) The most common legal outcome for a juvenile accused of delinquency is:

incarceration

house arrest

probation

expulsion from school

Question 16

(TCO 9) What is the concept of deterrence? What are the two main types of deterrence?

Question 17

(TCO 10) Identify and briefly describe two common pretrial motions. Explain what the moving party would expect to accomplish should the court grant the motion. Explain what constitutional protections are being protected.

Question 18

(TCO 9) What is the process of picking a jury called? Who participates in this process? What roles does the jury play in contrast to the judge in a trial? Explain what challenges a prosecutor and defense attorney can make against a potential juror during the selection process.