Questions and Topics We Can Help You To Answer: Paper Instructions:
As a probation officer in the Intensive Supervision Probation Department, you have a caseload of 40 offenders, most of whom are drug offenders on intermediate supervision. Your agency operates under mandatory sentencing statutes that require one year in prison without parole for persons convicted of drug offenses committed in “drug –free zones.” Under state law, such zones include any place within 1,000 feet of a school or 500 feet of a park, library, museum, or public housing project. The law also imposes a mandatory 90 day prison term for anyone possessing drug paraphernalia. One of your female offenders is a single mother with a six year old daughter who attends elementary school near your office. Knowing that she has lunch with her daughter every Wednesday, you schedule this offender’s next probation appointment to meet with you immediately after her visit at the school. When the offender arrives at your office, you search her coat and find a small glass pipe and two off-white nuggets that resemble crack cocaine. When you questioned, the offender readily admits that she had visited her daughter’s school prior to the probation appointment. However, she tells you that the coat was borrowed from a friend because of the cold weather. What dilemmas are presented in this situation? Setting aside any required action, how would you react to this situation?
Questions and Topics We Can Help You To Answer: Paper Instructions:
JOAN GOES NATIONAL AND BEYOND Joan comes to you five years later after choosing to start her own business. It has been successful and she now wants to go national. However, she needs capital. She has two people who are willing to invest in her corporation if she chooses to go that route. She can get bank loans to grow the business, but is worried about the personal liability she might incur. What would you advise her to do? If you tell her to incorporate, how would you suggest that she structure the financing of the corporation? Explain.
CORPORATE DIRECTORS Ever since the Ford Pinto case, Enron and now Murdoch there is an increasing number of laws passed that make corporations criminally responsible for their actions. The Supreme Court recently decided that because corporations are considered "a person" in the law they cannot be limited in their campaign contributions. In light of this recent decision, should corporations, and the corporate directors, be responsible for their criminal actions? Are corporations persons? Can you hold the corporate person responsible as well as the directors? If yes how?
IF THE COURTS WERE TO IGNORE THE BUSINESS JUDGEMENT RULE, WHAT MIGHT THE CONSEQUENCES BE?
Questions and Topics We Can Help You To Answer: Paper Instructions:
The weight and value attaching to evidence can vary due to a number of factors, not least being the type of evidence. Generally “real” evidence is seen as having much greater value in the criminal courts because of its tangibility. However, the level of doubt concerning this evidence can be sufficiently significant to justify an acquittal.
Questions and Topics We Can Help You To Answer: Paper Instructions:
Every student in the class will read two entire books on the subject of constitutional interpretation—one by one of the nation’s most influential legal thinkers, Cass Sunstein, entitled, RADICALS IN ROBES: WHY EXTREME RIGHT WING COURTS ARE WRONG FOR AMERICA (2005), and a second book by a prominent federal judge, J. Harvie Wilkinson, entitled Cosmic CONSTITUTIONAL THEORY: WHY AMERICANS ARE LOSING THEIR INALIENABLE RIGHT TO SELF‐GOVERNANCE (2012). In these books, Sunstein and Wilkinson describe, analyze and criticize many different approaches to constitutional decision‐making. You must read both of these books in their entirety. You cannot write an “A” paper without fully using both books.
Subject of the Paper: After reading the two books listed above, you will explore the strengths and weaknesses of one method of constitutional interpretation. You must choose from: (1) minimalism; (2) originalism (what Sunstein terms “fundamentalism”); or (3) living constitutionalism (closely related to Sunstein’s “perfectionism”). No other theory may be the subject of your paper. Thus, your paper will be both descriptive and normative. It will be descriptive because you will explain to the reader what the approaches entail. Your paper will also be normative or prescriptive because you will explain the advantages and disadvantages of that theory. Your paper should use actual, controversial cases to illustrate or support your positions. In other words, use matters involving abortion, the death penalty, gay marriage,1 affirmative action or national security (among many other subjects) to show the strengths and weaknesses of your theory. You do not need to explain how your approach would decide every possible type of important case. That is impossible to do in a short paper. Avoid using segregation (Brown v. Board of Education), or birth control (Griswold v. Connecticut), as the key cases to support your thesis.
Length: The final paper must be no more than 2500 words long, including footnotes and the cover page. Please use your word processing program’s word count feature to guarantee compliance with this limit. Your final paper grade will be reduced if you exceed 2500 words. There is no minimum length, though it would be very difficult to write a thorough paper in less than 2000 words.
Introduction and Conclusion: There is no need for a formal introduction to this paper. Your paper will start with a section that summarizes the theory that you will be analyzing in the paper. Most students also want to summarize the rival theories in this section. Your paper should end with a conclusion should be less than one page long and it should bear the simple heading “Conclusion.” You can start with language like the following: “This paper has described” or “this paper has reviewed...” The conclusion will briefly summarize what you have covered in your paper. This is also your last chance to share any ideas that you have about the subject that you discussed in your paper.
Headings: Your paper should use headings and subheadings. These headings should appear in the body of the paper itself. Here are two examples:
Ben Chen, The Strengths and Weaknesses of Originalism - Theories of Constitutional Interpretation A. Originalism B. Living Constitutionalism C. Minimalism -The Strengths of Originalism A. Subheading Written by the Student B. Student’s Subheading C. Student’s Subheading - The Flaws of Originalism A. Subheading B. Subheading - Conclusion
Ben Chen, The Strengths and Weaknesses of Minimalism -Three Theories of Constitutional Interpretation A. Minimalism B. Originalism C. Living Constitutionalism -The Strengths of Minimalism A. Subheading Written by the Student B. Subheading C. Subheading -The Weaknesses of Minimalism A. Subheading B. Subheading -Conclusion
General Citation Rules · All citations go into footnotes at the bottom of the page—not in the text, parentheticals or endnotes. (This is not MLA‐style citation.) Use the automatic “insert footnote” function associated with your word processing program to create footnotes.2 Do not manually number footnotes. · No bibliography, list of sources or “works cited” is required since all of the relevant information will be provided in the footnotes. · Punctuation in the text of the paper precedes the footnote number marker. Like this.3 · Every legal or factual assertion must be supported by a citation to a reliable authority. · Every quote or paraphrase must be supported by a citation to a reliable authority. · A quote within a quote uses a single quote mark. For example: Grinzhauf explained that that the “exercise of personal jurisdiction by the trial court was an ‘astonishing violation of federalism principles’ according to the Supreme Court.” · Quotes of more than 50 words should be single‐spaced and indented by .5” on both sides.4 This is known as a “block quote.” A single blank line should precede and follow the block quote. The reader will know that the block quote is a quote, so there is no need for quotation marks at the start and end of a block quote. However, quotes within a block quote can be indicated with quotation marks.
What is a Source? Throughout a paper, an author will make various factual and legal assertions. For example: · Factual: Over 200,000 people were left homeless by an earthquake in San Francisco in 1906. · Legal: The Supreme Court has held that Section 10(b) of the Securities Exchange Act applies only to transactions in securities listed on domestic exchanges and domestic transactions in other securities. All such factual and legal claims must be supported by a reliable authority. The point is that the reliable authority (whether it is an article, a book, a movie, or any form of media), provides direct substantiation for the specific claim that is made in the text. A document that provides evidence to support a claim is a source. Moreover, we want our sources to be reliable, so that we can trust the information provided therein. Obviously, this does not mean that we accept every assertion uncritically. A source can be challenged. But the proper way to challenge a source is with other reliable sources, not merely one’s own intuitions about the validity of a claim.
Footnotes · As noted above, all citations go into footnotes at the bottom of the page—not in the text, parentheticals or endnotes. Use the automatic “insert footnote” function associated with your word processing program to create footnotes. · Footnotes should be 10‐point, single‐spaced text, with some blank space after each footnote (6 point is sufficient). · Different sources within the same footnote are separated by a semicolon (“;”) and then a space. The end of the footnote is punctuated with a period.5 · All footnotes end with a period (not some—all).
Full Cites, Short Cites, Supra and Id. The first time a source is cited, you use what is known as a full cite. Subsequent cites to the same source use what is known as a short cite form. The short cite form is an abbreviated citation form that saves space. Be careful, though, because short cite forms differ for books, articles and cases. The word “supra” just means above. After the first time that a book or article is cited, you use a short citation form with supra that tells the reader to look above to the footnote where the book or article was first cited. You should not use supra with cases (don’t ask why). “Id.” is used if you are citing the exact same source that is cited in the immediately preceding footnote. (Legal scholars do not usually use “ibid.”) You can use Id. with cases, books or articles. If the source is the same, but the page number has changed, you should add the page number to your cite. For example a series of footnotes might go as follows: 30 Williams, 128 S. Ct. at 1850. 31 Id.. 32 Id. at 1854‐55. You should not use Id. if there are two sources in the previous footnote (because then you cannot tell which source is being cited). Thus, this would be incorrect: 30 Williams, 128 S. Ct. at 1850; Sunstein, supra note 5, at 207. 31 Id. at 1854‐55.
Citing Cases · Underline or italicize case names, but not the cite information. Correct: United States v. Williams, 128 S. Ct. 1830 (2008). Incorrect: United States v. Williams, 128 S. Ct. 1830 (2008). · Although cites to cases go in footnotes, you may have a case name in the text if you are discussing the case. E.g., In United States v. Williams, the Supreme Court addressed the constitutionality of the PROTECT Act.6 · Every cite to a case should have a page number from a reporter (the books that contain the cases), even if you locate the case online. For U.S. Supreme Court cases, you can cite to either the official U.S. Reports (published by the government) or the Supreme Court Reporter (published by West).7 For example, United States v. Williams, 128 S. Ct. 1830 (2008), is the same case as United States v. Williams, 553 U.S. 285 (2008). The case was published in two different sets of “reporters”—series of books that contain Supreme Court opinions. · If you are citing a dissenting or concurring opinion, you should indicate parenthetically the name of the judge who is dissenting or concurring. You do not need to include a parenthetical for a majority opinion. For example: Full Cite: Jones v. Smith, 595 U.S. 240, 293 (2007) (Scalia, J., concurring). Short Cite: Callandro, 595 U.S.at 308 (Breyer, J., dissenting).
Parentheticals Sometimes you want to tell the reader more about a source that you are citing or you want to provide a quote from the source without discussing the source fully in the text of your paper. One mechanism for accomplishing this goal is what is known as a “parenthetical.” Rather than trying to explain the concept of parentheticals, here are several examples. Cass R. Sunstein, RADICALS IN ROBES: WHY EXTREME RIGHT‐WING COURTS ARE WRONG FOR AMERICA 54 (2005) (“Fundamentalists often think that their approach is the only way to ensure that the Constitution is really law. They think that those who reject fundamentalism are wrongly substituting their own views for those enshrined in the Constitution.”). Sunstein, supra note 1, at 56 (conceding that “sophisticated fundamentalists do not ask anything about ‘original intent’”). Sunstein, supra note 1, at 247‐48 (discussing Brown v. Board of Education, 347 U.S. 483 (1954)). United States v. Grubbs, 547 U.S. 90, 97 (2006) (discussing the Fourth Amendment’s particularity requirement). Id. at 99 (“The Constitution protects property owners not by giving them license to engage the police in a debate over the basis of the warrant but by . . . providing ex post, a right to suppress evidence improperly obtained and a cause of action for damages.”). Grubbs, 547 U.S. at 100‐01 (noting that the Supreme Court has not resolved the question of whether a homeowner has a constitutional right to see the search warrant prior to the search) (Souter, J., concurring in part and concurring in the judgment).
Questions and Topics We Can Help You To Answer: Paper Instructions:
Create a minimum 5-page research paper profiling Pedro Lopez, serial killer.
Paper Requirements
Profile should include the following:
Title Page
Your selected serial killer’s name and nickname if he or she had one. A picture of your selected person.
Body
Where was your serial killer born and raised? What was your killer’s childhood like? Many serial killers experienced physical, mental, and/or sexual abuse growing up. Did your person have a criminal background before they started their killing? If so, what did he/she do? How many victims did your person murder? How many was he/she convicted of killing? Did the victims have something in common or fit a certain “type” (i.e. women, prostitutes, children, men, racial or ethnic background). Did the killer do some type of ritual before, during, or after a murder? Did he/she take a “souvenir” from the victim or crime scene? What was the person’s life like when they were not killing? Did he/she have a spouse and/or family? What kind of job(s) did he/she hold? Describe the investigation including the various techniques employed by investigators. How was he/she caught? Did he/she confess? If so, did he/she give an explanation for their motivation to kill? What was his/her sentence?
Questions and Topics We Can Help You To Answer: Paper Instructions:
In The Line Becomes a River, Francisco Cantu joins and then leaves the Border Patrol. His experience juxtaposes violence with the mundane. The border hides violence (in Mexico), reveals violence (in the United States due to enforcement) and causes violence (smugglers bringing in migrants, the drug war on our border is due to our appetite for drugs). Where you sit along the border determines how you view that violence. Everyday people looking for work are left dehydrated and many die along the way. The Border Patrol helps some (when they see them in bad shape) and forces others to cross through the desert using very unscrupulous smugglers/coyotes. While we may want to blame these people for crossing through the desert, as we see with Jose's story this is increasingly their only good option for getting to America which could mean better opportunities or family reunification. The Border Patrol could be seen as a kind of Night's Watch (to use a Game of Thrones example) guarding America from the South, but it could also be seen as a barbaric outfit that kicks hard-working people out of the United States. Cantu does a good job of humanizing the agents on the border while also describing the terrible toll the job takes on him mentally.
For this paper, I want you to write about four pages double-spaced making sure to cite the book The Line Becomes a River liberally.
Please reflect on the book, focusing on one or more of the following themes:
What we learn from the tragic story of Jose in Part III. The many forms of violence that surround and perhaps define the Border. Francisco Cantu's experience in the Border Patrol and living along the border. The effectiveness and fairness of border policy including who gets to stay in the US and who gets deported (the story of Jose is instructive here). The relationship between Mexico and the United States and the relationship between Mexican people and American people. Any new insights you have or ideas about changes that need to happen that got stirred up in you from reading the book.
Questions and Topics We Can Help You To Answer: Paper Instructions:
What does the evidence and/or crime scene tell us about what happened? Write about the forensic analysis the evidence went through. If blood spatter was analyzed what was looked at? How did they come to that conclusion? If DNA was utilized what is the process for DNA evaluation?
Was the evidence processed properly? How does the year this evidence was processed compare to the technology we have now? Remember that prior to the 1990’s DNA was not used the majority of the time.
How did the evidence connect to the suspects? Ex: The DNA that was found on the sock of the victim in the Central Park 5 case connected the previously unsuspected inmate to the victim and location.
Was this case taken to court?
What happened in court? What was the key piece of evidence? What was the judgment?
If this case was not taken to court include what the investigator thought happened and they’re opinion on the case. What was missing from the case? What could have solved the case? Ex: In the case of Casey Anthony, no DNA evidence was recovered from the victim.
What happened to the criminal/suspect? What time are they serving?
You may include a concluding paragraph with your opinion. But do not put your opinion into the body of the paper. This is RESEARCH, NOT WHAT I FEEL.
Questions and Topics We Can Help You To Answer: Paper Instructions:
Evidence can be grouped into categories involving the same color, size, model, brand, caliber, patterns, and other various descriptives. These items of evidence fall into groups of evidence having class characteristics, which display similarities but do not identify them as a match conclusively.
Items that match conclusively indicate that a certain item of evidence made impressions from normal wear or defects that make it unique. Only that item of evidence could have made those impressions or markings or only that item of evidence can be compared to another piece of evidence, showing that the two pieces were one. Those items of evidence have individual characteristics and to the exclusion of all others rule out any other similar item matching them. List 3 items of evidence and what characteristics they might have that would be considered class characteristics. Relate why they fall into the category of class characteristics. List 3 items of evidence and what characteristics that they might have that would be considered individual characteristics and how they match to the exclusion of all other items of a similar nature.
Questions and Topics We Can Help You To Answer: Paper Instructions:
In modern times, there is significant discussion about “justice” and “rights.” We often hear that something does or does not achieve “justice” or that someone has a “right” to something. Please address the following issues in your paper. 1. Define “justice” and “rights” from a biblical perspective. This should set a standard by which claims to justice and rights can be analyzed. 2. Select a specific, contemporary legal issue in the United States where individuals assert a “right” to something or state that something is inconsistent with standards of “justice” and apply a biblical understanding of “justice” and “rights” to conclude whether the specific asserted right or claim of injustice you selected is indeed a denial of a “right” or fails to achieve “justice.” Be sure to fully explain each part of your answer. Be sure to use materials from the reading, the Bible, and outside sources. Bluebook format that focus on the topics set forth in the prompts. (You may not include citations in the total word count.) Include at least 10 references from a minimum of 5 separate sources in each paper
Questions and Topics We Can Help You To Answer: Paper Instructions:
The COVID-19 virus has created unprecedented disruptions in the ways in which local, state and federal law enforcement around the world fights Human Trafficking (HT). Globally, HT is basically operating unchecked and unabated due to this pandemic. YOU have been tasked to head a Human Trafficking Task Force (HTTF) to address these issues. YOU have been provided with a large (but reasonable budget) to create new policies, practices and guidelines that will address this criminal enterprise while taking into consideration the pandemic enveloping the world. Provide a detailed plan with required manpower, equipment, training and all necessary logistics to support your plan.
Questions and Topics We Can Help You To Answer: Paper Instructions:
Outline two central contributions Marxist Criminology addresses in terms of capitalism/class and crime. In addition, define the concept of ‘neo-liberalism’ and explain the significance of ‘neo-liberalism’ in the production of poverty and the over policing of poverty related crimes and crimes associated with homelessness.
Questions and Topics We Can Help You To Answer: Paper Instructions:
Outline two central contributions Feminist Criminology addresses in terms of patriarchy/gender and crime (other than intersectionality). In addition, define the concept of ‘intersectionality’ and analyse the Pamela George Case (murder, policing, court proceeding and punishment) as forms of racialized gender violence.
Questions and Topics We Can Help You To Answer: Paper Instructions:
PARTNERSHIPS VS SOLE PROPRIETORSHIP Joan, is a jewelry designer who had created a unique new jewelry piece called a neacklet. It can be either a necklace or a bracelet. She would like to start her own business, but is not sure which form would suit her needs. She is very concerned about keeping control of her designs but has no capital except a small business loan. An older gentleman who owns his own jewelry store is eager to retire but has no buyers for his business. He has offered Joan a partnership with a chance for her to buy him out later. NewJewelry a large jewelry franchise who sells to the Home Shopping Network has offered Joan a chance to buy into their franchise and they will trademark and patent her design as part of their jewelry line. Joan comes to you to ask your advice. What would you tell her and why? Make sure that you explain the advantages and disadvantages of every business opportunity.
SMALL BUSINESS THOUGHTS Read the articles below and identify some of the major legal issues that face small business today. Select one issue and discuss its implications for the small business owner. What can they do to avoid the problem and what should they do should the problem arise?
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