What is the history of plea bargaining? When was it first used? What are the most recent statistics for plea bargaining in the U.S. (for current year)? What percentage of defendants bargains a plea? Which states use plea bargaining more often than others? Other statistics such as the types of crimes for which plea bargaining is most often offered. Does plea bargaining serve everyone’s interests? Explain. What adverse impact(s) can you envision for our criminal justice system if pleas were not allowed? Substantiate your answer by citing the opinions of experts in the field of law. Summarize by explaining your position on plea bargaining. Did your opinion of plea bargaining change after conducting this research?
You: Information Security Specialist, Greenwood Company
Hubert Jenkins: Human Resources Director, Greenwood Company
Mike McBride: (former) engineer, New Product’s Division, Greenwood Co.
For the purposes of this project, imagine you are an Information Security (InfoSec) Specialist, an employee of the Greenwood Company, assigned to the company’s Incident Response Team.
In this case, you have been notified by Mr. Hubert Jenkins, Human Resources Director for the Greenwood Company, that the company has just terminated Mr. Mike McBride, a former engineer in the company’s New Products Division, for cause (consistent tardiness and absences from work). Mr. Jenkins tells you that at Mr. McBride’s exit interview earlier that day, the terminated employee made several statements to the effect of “it is okay because I have a new job already and they were VERY happy to have me come from Greenwood, with ALL I have to offer.” McBride’s statements made Mr. Jenkins fear he might be taking Greenwood’s intellectual property with him to his new employer (undoubtedly a Greenwood competitor). In particular, Mr. Jenkins is worried about the loss of the source code for “Product X,” which the company is counting on to earn millions in revenue over the next three years. Mr. Jenkins provides you a copy of the source code to use in your investigation. Lastly, Mr. Jenkins tells you to remember that the Company wants to retain the option to refer the investigation to law enforcement in the future, so anything you do should be with thought about later potential admissibility in court.
The 4th Amendment to the U.S. Constitution 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 warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” While the 4th Amendment is most commonly interpreted to only affect/restrict governmental power (e.g., law enforcement), the fact that a formal criminal investigation is a possibility (and the Company has no desire to be named in a civil lawsuit) means you must consider its effect your actions.
With the above scenario in mind, thoroughly answer the following questions (in paragraph format, properly citing outside research, where appropriate).
1. Prior to any incident happening, it is important for any company to implement a “forensic readiness” plan. Discuss the benefits of a forensic readiness plan and name what you believe are the top 3 requirements to establish forensic readiness within a private sector business. Support your answers. (Please note that while cyber security and digital forensics have overlaps in incident response preparation, please limit your answers here to forensic readiness in the digital forensic arena, not cyber security.) 2. Mr. Jenkins, out of concern for the theft/sharing of the “Product X” source code, is pushing requesting that you or your supervisor start searching the areas in which Mr. McBride had access within the building. Can (or Mr. McBrides’s supervisor) search McBrides’s assigned locker in the Company’s on-site gym for digital evidence? Support your answer. 3. Can (or Mr. McBrides’s supervisor) use a master key to search McBrides’s locked desk for digital evidence after McBride has left the premises? Support your answer. 4. The police have not been called or involved yet, however, Ms. Jenkins asks how involving the police will change your incident response. Develop a response to Mr. Jenkins that addresses how the parameters of search and seizure will change by involving the police in the investigation at this time. Support your answer. 5. There is a page in the Company’s “Employee Handbook” that states that anything brought onto the Company’s property, including the employees themselves, is subject to random search for items belonging to the Company. There is a space for the employee to acknowledge receipt of this notice. Mr. McBride has a copy of the handbook but never signed the page. Does that matter? Explain. 6. Greenwood Company uses a security checkpoint at the entrance to the building. A sign adjacent to the checkpoint states that the purpose of the checkpoint is for security staff to check for weapons or other materials that may be detrimental to the working environment or employee safety. Screening is casual and usually consists of verification of an employee’s Company ID card. Can security staff at this checkpoint be directed to open Mr. McBrides’s briefcase and seize any potential digital evidence? Support your answer. 7. You know that it is important to document the details of your investigation if the company wants to insure admissibility of any evidence collected in the future. However, Mr. Jenkins has never heard of the term “chain of custody.” Write an explanation to Mr. Jenkins of what the chain of custody is, why it is important, and what could occur if the chain of custody is not documented. Support your answer.
Project Requirements:
Each question should be answered with a minimum of 1-2 paragraphs, so do your research, be specific, be detailed, and demonstrate your knowledge;
Answers to the above questions should be submitted in a single document, with answers separated so as to make it clear which question is being answered;
As a medico-legal death investigator, you will be expected to complete reports regarding the cases that you have been assigned. These reports may be sent to a prosecuting agency, the law enforcement agency, special investigators, or governmental oversight boards. If you are an investigator in a small office, you may be able to get by with informal briefings given person-to-person or during meetings; however, if you work in a large metropolitan office with many cases, you will need to present your reports in written form.
For this assignment, you will be given a case study to review. You will write an internal final case briefing to be attached to the case report and the autopsy report. This briefing will go to the chief medical examiner (ME). Include the following:
All aspects of the death scene, including location, conditions, and pertinent information All aspects of the property of the deceased that either was on the decedent when he or she was taken to the medical examiner's office or was taken from the scene for evidence, and the disposition of any other property, such as residence All information collected from family members, witnesses, and/or other agencies regarding the death Information you still need from the family and how would you like to get that information
Explain and describe the investigative procedures which may have been or were used during the investigation (based on information discussed and learned in class)
In writing this report, be mindful of your audience. What information will the chief ME need in order to sign off on the case? How should you present this information? Do any aspects of the case pose concerns or cause uncertainty? Be mindful of ethical disclosure, legal implications, and level of discretion when writing your report.
The report should be organized in a logical manner and written with professional language with the following requirements:
* The audience is the boss of the organization, most probably the Chief Medical Examiner; make sure you are writing this report with that audience in mind.
Applying theory. Find a newspaper (e-news) article that deals with a crime that you believe clearly exemplifies one of the rational choice theories discussed in the text (Chapter 3 Space , Time, Crime). Use rational choice theory, routine activities theory, or crime pattern theory. Briefly summarize the circumstances of the crime, and tell why you believe your example represents the theory you have selected. (I will be looking for a comprehensive understanding of the information provided in the chapter related to the theory.) Your theory application assignment should be submitted on the assignment tool.
MAKE SURE YOU INCLUDE THE URL FOR THE NEWSPAPER ARTICLE OR STORY.
Identify the key factors that contribute to the high level of stress experienced by police officers. Suggest one (1) stress management and prevention strategy and examine the fundamental ways in which implementing your strategy will potentially lead to reduced stress.
•Take a position for or against higher education for police officers. Provide a rationale for your response.
Describe the key characteristics of a whistleblower, and briefly summarize one (1) researched instance of whistleblowing in one (1) publicly traded company within the last 12 months. Include the details of the issue that the whistleblower reported and the effect of the whistleblower’s actions on both the whistleblower himself and the company. 2. Decide whether or not the whistleblower was justified in reporting the company’s actions. Provide a rationale for your response. 3. Examine the extent to which the whistleblower would be protected under the Sarbanes-Oxley Act. Justify your response. 4. Use at least two (2) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Florida Highway Safety and Motor Vehicles Administration and organization
Utilizing Florida Highway Safety and Motor Vehicles Annual Performance Report fiscal year 2010-2011, examine and analyze the administration and management of the organization I.e. Mechanistic, bureaucratic, formal budget, span of control etc
Questions and Topics We Can Help You To Answer: For the purpose of this Project, you are still the InfoSec Specialist for the Greenwood Company. Consider this project a continuation of the work you performed in Project 1. In this portion of the investigation, you are ONLY collecting the physical evidence. You will NOT be handling the digital data during this stage of the investigation. (This step will be discussed in the Final Project.) You should limit your “care and handling” of each piece of evidence to the physical handling of the digital container. With the scenario in mind, you are to write a report to your supervisor, thoroughly providing a response to the following questions (in paragraph format, properly citing outside research, where appropriate): Part 1: Overview/Case Summary Write a short summary of the incident that has occurred and establish what permissions/authorities you have before you search Mr. McBride’s former Company work area. Physical Evidence Acquisition: a. Look at the photo of Mr. McBrides’s work area. (See file attachment Work_Area.jpg) Identify three (3) potential items of digital evidence you see in the photo. For EACH item of digital evidence you identified, describe in first person what steps you took to collect the items (with emphasis on your care and handling of that item consistent with digital forensic best practices described in the module content/weekly readings). You should documenting these steps in a detailed way will mitigate questions, concerns, or a basic lack of information that will call your processes into question in court. For each item, explain what potential use that item would be to your investigation (e.g., what type of data that item might hold.) a. Look at the photo of Mr. McBride’s work area. (See file attachment Work_Area.jpg) Identify three (3) potential items of non-digital evidence you see in the photo. For EACH item of non-digital evidence you identified, describe how you would collected each item, within standards and best practices described in your module content/weekly readings. For each item, explain what potential use that item would be to your investigation (e.g., what type of data that item might hold.) Detail in your report how you secured the collection evidence after removing it from the original scene (the desk) and prior to sending it for analysis. Describe the security procedures in place as well as any environmental protections (specific to computer/digital devices) in place within the storage area. Look at the Evidence Custody Document (See file attachment Evidence Custody Document.doc) and item photographs (Items-seized (pics).pptx) Read the Evidence Custody Document prepared by one of your co-workers, in which he is attempting to document the seizure the three items pictured in the accompanying photos. Did your co-worker adequately describe each item? What could you add to the descriptions, and for which items (based on what you see in the photos), to make them more complete and serve as an example to your co-worker of what they SHOULD look like? Project Requirements: Paper should be submitted as a basic report memo HOWEVER, an APA-formatted title page, in-text citations, and reference page is required. (See the following link for memo writing guidelines: http://www.umuc.edu/writingcenter/writingresources/effective_memos.cfm) Each questions should be answered with a minimum of 1-2 paragraphs, so do your research, be specific, be detailed, and demonstrate your knowledge; Answers to the above questions should be submitted in a single document (.DOC/.DOCX, .RTF, or .PDF), with answers separated so as to make it clear which question is being answered; The submission should have a cover page, including course number, course title, title of paper, student’s name, date of submission, and submit to the assignments folder. Format: 12-point font, double-space, one-inch margins
This assignment will require you to take a more in-depth look at the classifications between Independent contractor and employee. All information you use should be United States law and cases, and all information and laws that I ask for have to correctly apply to the situation. In particular, I want you to answer the following questions and do the following things.
Create an introductory paragraph telling me about why the classification is important… why does it matter.
Tell me what laws might help explain who is an employee who is an independent contractor. In your paper cite any definitions and the source. Attach a one page print out of each law that you use.
Use westlaw from the library (see in class demo) and other sources to locate three different lawsuits involving a misclassification of workers. You must write about the three lawsuits, what are the issues, how did the court apply the law, how did the cases turn out if decided.
Analyze the stripper cases from Pittsburgh in the context of what you wrote in 1,2,3, above. Why do you feel they are or are not employees. Good papers will use the law and the facts to come to a conclusion.
This assignment requires you to use westlaw and google to find reliable and appropriate sources of information. Your grade is determined not only on what information you find but its authenticity and reliability. Choose information from reliable websites like the department of labor. HYPERLINK "https://www.dol.gov/" https://www.dol.gov/
Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention.
*John posted a rant on his Facebook page in which he criticized the company’s most important customer. *Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch” *Bill has been using his company-issued BlackBerry to run his own business on the side. *After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy. *One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss. *Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission.
As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy.
In preparation for this assignment, use the Internet to research Florida's employment-at-will policy.
Write a four to five (4-5) page paper in which you:
* Summarize the employment-at-will doctrine discussed in the text and then evaluate three (3) of the six (6) scenarios described by determining:
a. Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine.
b. The primary action(s) that you should take to limit liability and impact on operations; specify the ethical theory that best supports your decision.
*Examine your state’s policy on employment-at-will. Analyze at least one (1) real-world example of an employee or employer utilizing your state’s employment-at-will doctrine in the last five (5) years. Include a summary of the main issue and the outcome in the identified real-world example.
*Use at least three (3) quality resources in this assignment.
Two case studies must be completed; Weeks v. US & Maubury v. Madison. The cases must be briefed using the "IRAC" method. Instructions for formatting below:
How to Brief a Case Using the “IRAC” Method
When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review. Most importantly, by briefing a case, you will grasp the problem the Court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the fact (the analysis) ; and the outcome.
Facts Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s address is probably not relevant to the court’s decision on product liability, but might be relevant regarding a personal injury matter. So you will have to make a judgment on what is and what is not relevant insofar as facts are concerned.
Procedural History What court authored the opinion? The United States Supreme Court? The California Court of Appeals? The Second Circuit Court of Appeals? Follow the case through the different courts. If the court of original jurisdiction, in federal cases, most likely the U. S. District Court, made a decision what was it and what was the outcome? If that same case was heard and decided upon by a Court of Appeals, such as the 4th Circuit Court of Appeals in Richmond, make comment as to the outcome of the case. If the circuit then heard the case en blac, make the appropriate comments. Say after all of this, the case was granted a writ of “cert” by the Supreme Court of the United States, what was the ruling. When making comment concerning the procedural history make sure someone can follow the case from start to finish.
Issue What is the question being presented to the court? Generally in appellate cases in particular, only one issue is addressed, but sometimes there may be more. What are the parties “fighting” about? Remember under English Common Law, our system is an adversarial system.
Rule(s) Determine what the relevant rules of law are that the court uses to make its decision. These rules are generally identified and discussed at length. What are the relevant law for the topic being discussed? Has there been stare decisis or precedent established? There may be more than one rule based on the nature of the case.
Application/Analysis This is the most important section of the brief. The court will have examined the facts in light of the rule and probably considered all “sides” and arguments presented to it. How courts apply the rule(s) to the facts and analyze the case must be understood in order to properly predict outcomes of future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule? Resist the temptation to simply restate what the court said in their interpretation. Summarize the application of the law and analysis thereof in your own words.
Conclusion
What was the final outcome of the case? In one or two sentences, state the court’s finding.
This website is owned and operated by PFS Limited.
Company Registration office is at:
2875 NE 194st St 404, Miami, FL 33180
Edudorm.com provides writing and research services for limited use only. All the materials from our website should be used with proper references and in accordance with Terms & Conditions
