Select one of the four punishments below to do the assignment on:
Capital punishment Imprisonment Probation Fines
For this assignment, you will create a chart that discusses the goals of the sentencing you have selected (deterrence general/specific, incapacitation, rehabilitation, diversion, retribution/just desert, equity/restitution, restoration).
You will then classify the various types of sentencing with different structures (indeterminate/determinate, concurrent/consecutive). Finally, you will address mandatory sentencing laws: are they necessary and why or why not? Should all defendants get the same punishment for the same crime?
Review the Innocence Project/Government Misconduct website
Review one (1) of the cases.
In a 2-page paper, address the following (in paragraph form):
Summary of the case, cite examples of where there was prosecutorial misconduct, judicial misconduct, and/or defense misconduct. Be specific as to where the following terms may apply: Strict constructionists: The view that an individual has no rights unless these rights are specified in the Constitution or have been created by some other legal source. Interpretationists: An approach to the Constitution that uses a looser reading of the document and read into it rights that the framers might have recognized or that should be recognized as a result of “evolving standards.” Natural rights: The concept that one has certain rights just by virtue of being born, and these rights are not treated by humans, although they can be ignored.
A deceased client’s son walks into your office. His father’s life was insured for $10 million and he had $10 million in other assets in his estate at the time of death. Assuming the client had used none of his unified credit, had no deductions, and left his entire estate to his son, what should the client’s estate tax liability be? The client had purchased the policy many years ago and has been paying the premiums himself.
What facts would have to change in order for the $10 million insurance proceeds to not be included in the father’s estate? For example, what specific incidents of ownership would the son need to have in his father’s policy?
Cite appropriate statutory authority, case law, and/or AICPA Code of Conduct or ABA Model Rules of Professional Conduct to support your conclusions.
Guidelines for Submission: Your paper must be submitted as a 2–3-page Microsoft Word document with double spacing, 12-point Times New Roman font, one-inch margins, and at least three sources cited in APA format.
Instructing solicitors act for Jason Long who has been charged with the murder of Michael Short, in Middletown, on Saturday, 10th January of this year. Short’s body was found on Ash Street, off High Road, near the football stadium, by the attending paramedics. The post mortem on his body revealed that the likely cause of death was a stab wound to the victim’s leg and the resultant loss of blood. There were also signs of bruising and other bodily injury consistent with repeated blows by hands and booted feet. It is thought that the time of death was approximately 4.30pm. Our client has 2 previous convictions: one for assault occasioning actual bodily harm (s47 Offences Against the Person Act 1861) from 12 years previously, and the other for harassment, under s4 of the Protection from Harassment Act 1997, from 3 years ago. This conviction related to threats of violence made to a Middletown United football supporter, and Long was sentenced to 6 months imprisonment for this conviction. Since being released from prison at the end of his sentence for harassment, our client has been working for a charity involved in renovating furniture for previously homeless people who have been provided with accommodation. He has also set up a support group for ex-prisoners, which has had a positive impact on re-offending rates in the local area.The prosecution allege that our client became involved in a fight between Middletown United football fans and supporters of Toptown FC, following the ‘local derby’ football match, which took place on the afternoon of the 10th January this year. The fight mainly took place on High Street, but CCTV footage shows a man, who resembles our client, and a person later identified as the victim, leave the group of fighting fans and enter Ash Street. Approximately 5 minutes later, the same CCTV camera shows the first man (alleged to be our client) leaving Ash Street and running away in the direction of the town centre. There is no CCTV camera covering Ash Street. Our client was arrested at his home at 7pm on the evening of the 10th January. He denied involvement in the offence and stated to the police officers who arrested him that he had been at home all day. He also stated that he thought the police had only arrested him because he was known to them as a Toptown FC football supporter, and he also said that all Middletown supporters were ‘scum’. The prosecution wish to adduce the previous convictions to support their case. Your client, Long, maintains that he is of good character, citing his charity work and support group as evidence of this.
Your task You are the barrister instructed to represent the accused. You are asked by the instructing solicitor whether it is possible to contest the admissibility of the previous convictions. To do this you need to identify relevant issues relating to the character evidence from the information provided and apply appropriate legal and evidential principles in order to establish whether this evidence will be admissible at the forthcoming trial, or whether it can be ruled inadmissible. Further, you are asked to comment on the appropriate warnings or directions that must be given to the jury on good and bad character if the evidence is admitted, and why these must be given.
Please go to www.sccourts.org and review the information presented on the South Carolina Supreme Court, the South Carolina Court of Appeals and the trial courts. Then use the internet or your book to find information on the United States Supreme Court. After your review, please describe the differences between the South Carolina Supreme Court and the U.S. Supreme Court. Also please identify the different trial courts in the South Carolina judicial system and describe the types of cases each court can hear. (jurisdiction) Which state judicial circuit includes Beaufort/Bluffton/Hilton Head and Hampton? What are the counties included in this circuit?
Review the attached file, "Virginia’s Report on the Law Enforcement Lineup Policy Survey and Review," about line-ups and discuss the risks of relying only on lineups and witness identification as the sole evidence in a criminal trial. Discuss the changes in police identification procedures that can be made, why the changes may make witness identification more reliable, and the issues with implementing the changes. Your submission should be in APA format and sent via Blackboard.
Write a research paper on a specific business law concerning either employment, intellectual property, environmental or consumer law and how these laws apply to businesses in Maine. Specific Maine local, federal and state laws must be researched, defined and explained including state and federal cases, business examples of use or misuse of the law, current suggested changes to the law and relevant news. You may compare and contrast the laws with other states. You must include a discussion about the benefits and costs to companies and the State of Maine.
You are the Chief of Staff for the Governor of Delaware. The governor is concerned about how the Delaware juvenile justice system compares to other states. He would like your suggests and/or recommending changes, based on your comparisons between Delaware and other states. He would like you to keep in mind state’s role as parens patriae and supply a working definition. The governor would like a minimum of five recommendations from you.
Visit the website of the Office of Juvenile Justice and Delinquency Prevention and explore the site. Pick a topic that deals with juvenile institutions and educate your fellow classmates about what you found. Be sure to include how this institution has changed from the early history of juvenile facilities.
Explain at what point a person is considered under arrest. Explain the difference between a stop and an arrest. Why might states authorize probable cause arrests for certain unwitnessed misdemeanors? How much force can be used by an officer when executing an arrest? How is it determined? Can you think of any times when you heard about excessive use of force and if so, how do you think the actions of a few influenced the perceptions of many regarding the police? Comprehension, depth, source reliance, APA, grammar, spelling, completeness and scope is critical. Provide concepts and ideas culled from the text. Define terms as needed/necessary Include bibliography of sources cited at the end.
You are a probation officer who has just been assigned a fifteen-year old that has been adjudicated. You must write a report (In the approved format listed below) with your recommendations to help the juvenile court judge determine the most appropriate interventions. The fifteen-year old has committed several low-level crimes, in which, his behaviors appear to be escalating. You also find out that he has poured gasoline on two dogs and set them on fire, killing them. He has not been attending school regularly. What treatment would you prescribe for this juvenile, keeping in mind the goals of the juvenile justice system? What are your options?
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