Types of Crime and Justification

Many crimes have changed over time, either to broaden the scope of prohibited behavior or in reaction to novel developments through the years. Looking specifically at two crimes, burglary and rape, discuss how the definitions and elements of the crimes have changed as the crimes have developed from common law crimes to statutory crimes. Using the Internet, find information on the Pennsylvania law. Refer to this law for the statutory definitions of burglary (18 Pa. Cons. Stat. ? 3502) and rape (18 Pa. Cons. Stat. ? 3121). On the basis of your analysis about crimes, share your response to the following question:

Do you feel that definitions of crimes should be changed to include new prohibited behaviors, or do you think new crimes should be created?
Affirmative defenses fall under the categories of justification and excuse. Choose one justification defense (self-defense, duress, etc.) and one excuse defense (infancy, mistake of fact, intoxication, etc.).

Explain how these defenses can be used at trial. Should these types of defenses relieve a person of his or her criminal responsibility?

As a sergeant on the Cityburgh Police Department, you have received your rookie partner’s report on three cases. In addition to the facts presented in W1 Assignment 3, you are given additional information regarding each case.

As a sergeant on the Cityburgh Police Department, you have received your rookie partner’s report on three cases. In addition to the facts presented in W1 Assignment 3, you are given additional information regarding each case. Your job is to look at the new facts and determine whether any further crimes have been committed and whether the suspects have any defenses to the charges. You are to present a 2- to 3-page analysis of the situations to your captain and the district attorney.

For all three cases, be sure to focus your responses on the elements of the possible crimes, the elements of the possible defense, and the facts of the case. If more information is needed, be sure to indicate all possible outcomes.

Case 1?Able

Last Thursday, Able was stopped for a traffic violation. During the stop, the officer ordered Able out of the car and performed a frisk of Able’s person. During this frisk, the officer noticed a large object in Able’s pocket. Able was asked to remove the object and complied. It was determined that the object was a plastic baggie of methamphetamine crystals?possession of controlled substances (see Code of Virginia ? 18.2-250). Able claims that he thought that the officer was trying to buy some of the drugs from him.

Case 2?Baker

Officers Young and Zerr responded to the report filed by Baker’s neighbor by questioning Baker at his home. Upon arrival, Officer Young noticed several nonoperational vehicles parked in the yard, both along the road and near several buildings. Officer Young took down the Vehicle Identification Numbers (VINs) of the vehicles, whereas Officer Zerr went to the house. The VINs were found to match several stolen vehicles, and Officer Young then entered the outbuildings to look for more stolen property, which was found (see grand larceny, under Code of Virginia ? 18.2-95).

Meanwhile, Officer Zerr approached the house and knocked on the door. The door was answered by Baker’s seven-year-old-son, Baker Jr. He was armed with a shotgun, which he aimed at Officer Zerr and told him to leave the property (see assault and battery, under Code of Virginia ? 18.2-57). Both officers left and later spoke with Baker by phone. Baker claims that he found all the vehicles abandoned and was told by the former sheriff’s deputy that he could scrap them if he towed them away.

Case 3?Charlie

Charlie was found sleeping on a park bench and brought to the station. He was released after processing but did not have transportation to return to his vehicle. An officer gave him a ride back as he was not familiar with the area he had left his car in. The officer checked the vehicle’s license plate in his computer for outstanding tickets or other violations and, while waiting for the report to come back, told Charlie to pop the trunk. Inside the trunk, the officer found two garbage bags containing human body parts and a bloody axe (see murder and manslaughter, under Code of Virginia ? 18.2-30). However, Charlie claims not to remember anything that happened the night before.

Note: You can use the Internet to find information about the Virginia Legislative Information System and the specific codes.

Support your responses with examples. Cite any sources in APA format.

Submission Details:

Name your document SU_CRJ2800_W2_A2_LastName_FirstInitial.doc.
Submit your document to the W2 Assignment 2 Dropbox by Tuesday, June 28, 2016.
Assignment 2 Grading Criteria
Maximum Points
Analyzed the new facts and identified possible crimes and defenses in the case against Able.
15
Analyzed the new facts and identified possible crimes and defenses in the case against Baker.
15
Analyzed the new facts and identified possible crimes and defenses in the case against Charlie.
15
Used correct spelling, grammar, and professional vocabulary. Cited all sources using APA format.

Arrest

You will be presented with several scenarios, each containing a different set of circumstances and facts. In each, you must determine if an arrest has occurred and if the evidence obtained is admissible at trial.

Scenario 1

An officer approaches you and states, “You are under arrest.” He places you in handcuffs and leads you to his car. While walking, he reads you your Miranda rights and asks you if you have anything to say. The officer does not specify why you have been arrested, but you confess to a series of criminal actions. Has an arrest occurred, and are your statements admissible?

Scenario 2

You are stopped at a sobriety checkpoint on the way home from dinner one night. The officer speaks with you and determines that you are not intoxicated. Your passenger has fallen asleep, and the officer suspects the passenger might be intoxicated and wants to check his or her age. The officer makes your passenger exit the vehicle and, while speaking, the officer conducts a frisk. Your passenger has a small vial of cocaine in the pocket that is discovered during the frisk. Does an arrest occur in this situation, and are the drugs admissible against either you or the passenger?

Scenario 3

You are woken by the police pounding on your door demanding to be let in. Upon opening the door, you are cuffed and made to sit on your couch while the police execute a search warrant. You are given a copy of the warrant and notice that the address is for the apartment across the hall from yours. You point this out, and the police realize the error and cease their search. Prior to stopping, the police find several marijuana plants in your closet and seize them. Has an arrest occurred here, and are the plants admissible at trial?

Be sure to specify if an arrest has occurred and why. Also, be sure to state specifically why each piece of evidence is admissible or not.

Read and comment upon the posts of at least two classmates and respond to follow-up posts posted by other students.

Trial

Each party in a trial has a specific role and specific duties; these are defined by both law and custom. Each role has developed to serve the interests of either the state or the defendant. In addition to the duties of each party, there are rules of evidence that serve to protect the rights of the accused; a primary example is the exclusionary rule. The following questions should be approached with the protection of rights as the main focus.

Who are the actors, and what are their roles in a trial? Be sure to focus on who the adversaries are, who the finder of facts is, and who rules on the law.
Should jurors be given the ability to ask questions of witnesses during trials? Why or why not?
Do you see the exclusionary rule and inadmissible evidence as a protection of rights or a free pass for criminals?
What could replace the exclusionary rule to protect a person’s constitutional rights from police malfeasance?

Case studies-Able, Baker, and Charlie

You are a clerk for Judge Gotem, who is hearing the trials of Able, Baker, and Charlie. The judge has asked you to review the evidence presented and see if there are any admissibility issues, either from police misconduct or from witness reliability. If there are any possible problems that need further factual investigation, please note the possible issues and the facts that would give rise to the concern. You are not to address the merits of the case?that is for the jury to decide.

Case 1: Able

Concerning the case against Able, the defendant has been charged with reckless driving, under Code of Virginia ? 46.2-862, and possession of controlled substances, under Code of Virginia ? 18.2-250.

The evidence presented by the prosecution to support these charges is as follows:

Able was found to be driving 20 miles over the posted speed limit; this was found by means of a radar gun operated by a trained officer.
The speedometer of the vehicle was found to be nonoperational; the driver admitted to knowing this when questioned by the officer.
Methamphetamine was found to be on Able’s person during a frisk. This was found after the officer asked the defendant to empty his pockets.
Case 2: Baker

Concerning the case against Baker, the defendant has been charged with assault and battery, under Code of Virginia ? 18.2-57, and grand larceny, under Code of Virginia ? 18.2-95.

The evidence presented by the prosecution is as follows:

Dr. Hiknow testified to the neighbor’s condition and the emotional trauma caused by the loud noise of the gun range.
Another neighbor testified that he could not hear any noise from the range and that he overheard the complaining neighbor state an intention to “get” Baker based on a long-standing boundary line feud.
The Vehicle Identification Numbers (VINs) of the cars from Baker’s yard and the police reports for those that were reported as stolen are presented.
Various items that were found in Baker’s outbuildings that matched the description and serial numbers of items previously reported as stolen during several burglaries in the area are presented.
Case 3: Charlie

Concerning the case against Charlie, the defendant has been charged with public intoxication, under Code of Virginia ? 18.2-388, and murder and manslaughter, under Code of Virginia ? 18.2-30.

The evidence presented by the prosecution is as follows:

Charlie’s admission to having been drinking and falling asleep in the park
Charlie’s statements to the officer when the body was found in his trunk
Charlie’s car, the victim’s body, and the axe found in Charlie’s car’s trunk
A witness who had been in lockup when Charlie was brought in, who identified Charlie as the man he saw arguing with the victim earlier that day
A second cellmate who stated that Charlie told him that he had gone drinking after he found out that his business partner, the victim, had stolen some money from Charlie
In all three cases, be sure to focus on the evidentiary issues, not the viability of the charges. If any of the situations have multiple outcomes based on facts not given, address all possibilities.

Note: You can use the Internet to find information about the Virginia Legislative Information System and the specific codes.

Support your responses with examples. Cite any sources in APA format.

Submission Details:

Assignment 2 Grading Criteria
Maximum Points
Analyzed the evidence presented against Able for admissibility issues. Discussed any possible issues and how the evidence might be handled.
15
Analyzed the evidence presented against Baker for admissibility issues. Discussed any possible issues and how the evidence might be handled.
15
Analyzed the evidence presented against Charlie for admissibility issues. Discussed any possible issues and how the evidence might be handled.
15
Used correct spelling, grammar, and professional vocabulary. Cited all sources using APA format.
5
Total:

Ethical Dilemma

The controversial “Stand Your Ground Law” has been used in two recent shootings in Florida.

A Florida teen, Jordan Davis, was shot to death on Friday, November 23, 2012. The young man was riding in a car full of teenagers playing loud music. He was allegedly shot by Michael Dunn due to the loud music being played from the car.

You can read more here:

http://usnews.nbcnews.com/_news/2012/11/28/15513847-florida-man-pleads-not-guilty-to-shooting-teen-to-death-over-loud-music?lite
http://jacksonville.com/news/crime/2014-10-17/story/michael-dunn-gets-life-plus-90-years-jordan-davis-killing
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0700-0799/0776/Sections/0776.013.html
Provide a 2- to 3-page summary of the ethical issue and address the following issues in relationship to the ethical dilemma presented:

Summarize the ethical dilemma presented.
List the actors involved in the ethical dilemma.
Provide a definition of morality and ethics.
How could this dilemma have occurred in a “good society”?
Discuss whether situational ethics were applied in this dilemma.
Provide alternative solutions to this ethical dilemma.
Support your responses with examples.

Cite any sources in APA format.

Submission Details

Name your document SU_CRJ3500_W1_A3_LastName_FirstInitial.doc.

Submit your document to the W1 Assignment 3 Dropbox by Tuesday, May 17, 2016.

Assignment 3 Grading Criteria
Maximum Points
Analyzed and summarized the ethical dilemma.
10
Analyzed and explained actors involved in the ethical dilemma.
10
Reviewed and explained morality and ethics.
5
Analyzed and explained dilemma occurred in a “good society.”
10
Analyzed and explained situational ethics in this dilemma.
10
Used correct spelling, grammar, and professional vocabulary. Cited all sources using APA format.
5
Total:

Using the concept of paradigms of laws and Kant’s ethical formalism, write a 4- to 5-page justification report in Microsoft Word document

Use Internet resources to address the following scenario:

You are a correctional officer at the state prison. One of the inmates reveals to you his knowledge of the whereabouts of contraband in your facility. You promise the inmate?who has deceived you two times earlier?not to tell authorities about his involvement if he reveals the location of the contraband. After he provides you with the information, you reveal his involvement to the authorities.

Using the concept of paradigms of laws and Kant’s ethical formalism, write a 4- to 5-page justification report in Microsoft Word document. In your report, include:

The paradigm of law your actions define and give reasons.
A justification of whether you lied to the inmate.
How you treated the inmate?explaining whether you treated the inmate with respect.
An explanation of whether the actions would be considered universally acceptable.
An analysis of whether this is a form of retributive justice with reasons to support your analysis.
An analysis of Kant’s ethical formalism in view of the given scenario.
Support your responses with examples.

Cite any sources in APA format.

Submission Details

Name your document SU_CRJ3500_W2_A2_LastName_FirstInitial.doc.

Submit your document to the W2 Assignment 2 Dropbox by Tuesday, May 24, 2016.

Assignment 2 Grading Criteria
Maximum Points
Defined and analyzed the reasons of The paradigm of law.
5
Analyzed and explained whether you lied to the inmate.
10
Analyzed and Explained that how the inmate was treated.
10
Analyzed and Explained whether the actions would be considered universally acceptable.
10
Analyzed and gave reasons, whether this is a form of retributive justice.
10
Used correct spelling, grammar, and professional vocabulary. Cited all sources using APA format.
5
Total:

Code of Ethics for Law Enforcement Officials

As upholders and protectors of the law, it is important for all law enforcement officials to understand the ideals to strive for as well as the need for appropriate behavior. In this light, your Superintendent has asked you to prepare an eight to ten slide orientation presentation for new recruits familiarizing them with the Code of Ethics for police officers and the critical ethical issues they are likely to face as they begin their careers in the Criminal Justice field.

Prepare a Microsoft PowerPoint presentation for the new recruits. Your presentation should include:

A brief outline of the police officer’s Code of Ethics and expectations.
The pressing ethical issues in law enforcement today.
The ethical issues faced in the course of duty. Use two case examples to illustrate the typical issues faced by police officers.
A description of how to manage ethical problems in terms of your approach, the line of action, and the issues at stake.
A description of how to choose the best possible option.
A description of the responsibilities and repercussions of your action.
For more information on the ethics training of law enforcement officers, visit the following websites:

Ethics Training in Law Enforcement

COPS Ethics and Integrity Training

IACP National Law Enforcement Policy Center
Support your responses with examples.

Cite any sources in APA format.

Submission Details

Name your presentation SU_CRJ3500_W4_A2_LastName_FirstInitial.ppt.

Submit your presentation to the W4 Assignment 2 Dropbox by Tuesday, June 7, 2016.

Assignment 2 Grading Criteria
Maximum Points
Analyzed and explained about outline of the police officer’s Code of Ethics and expectations.
10
Analyzed and explained the ethical issues faced and gave two case examples to illustrate the typical issues faced by police officers.
10
Analyzed and explained how to manage ethical problems, the line of action and issues at stake.
5
Analyzed and explained how to choose the best possible option.
10
Analyzed and explained the responsibilities and repercussions of your action.
10
Used correct spelling, grammar, and professional vocabulary. Cited all sources using APA format.
5
Total:

Types of Crimes

Most crimes are specific-intent crimes; the actor must have some type of mens rea to be found guilty of the crime. However, there are crimes that are general-intent, or strict-liability, crimes, meaning the actor does not need to have any specific intent, or mens rea, to have committed the crime; the act alone is enough.

What are the types of mens rea that can satisfy the element of a crime? Describe the types.
Why are nonintentional acts enough to establish a criminal mind, in some cases?
What types of crimes are considered strict-liability crimes?
How do these crimes compare to standard inchoate crimes, where the actus reus is missing?
Should crimes that have no victims be considered criminal acts?

Sentencing Panel

Click here to read the LexisNexisTM Academic-Document on the sentencing of Ben F. Glisan Jr., former Enron treasurer.

Click here to read the case involving three robbers?Al Lamont Daniels, 26; Mario Roshun Vital, 24; and Brian Keith Yancy, 27.

Based on the above readings, prepare a Microsoft PowerPoint presentation of not more than 10- to 12-slides for a panel investigating sentencing disparities. When determining whether there was a sentencing disparity you must consider all aspects of the case that a judge would. These aspects include:

Age of the defendants.
Prior convictions of the defendants.
Level of violence during the crime.
Severity of the crime.
Damages caused to the victims.
Determine if the defendants, as a whole, in the street crime received a harsher or more lenient sentence than the defendant in the white collar crime.
In the presentation, include an analysis of the appropriateness of the sentences in the two cases, considering all the aspects listed above and other considerations that you believe are important. Justify your decision.

Add additional content in the Notes section.

Support your responses with examples.

Cite any sources in APA format.