CJA 315 Module 1 Assignment 2 Bivens and You
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Assignment 2: Bivens and You
In this module, you are required to read the article on Bivens from Journal of Police and Criminal Psychology. The purpose of this article is to understand that a law enforcement officer is not immune from civil lawsuits.
Where once police and law enforcement agencies thought themselves immune, civil lawsuits against law enforcement officers are quite common nowadays. These lawsuits are based on whether the law enforcement officers correctly followed the guidelines meant to protect the citizens, guaranteed by the Constitution.
The purpose behind Bivens is to some extent protect private citizens from police misconduct. The other side of the coin is that if we so circumscribe the actions of officers, citizens may not be protected
from the criminal acts of others. The point of the assignment is for you to begin to recognize this balancing act.
Suggested Links:
What You Are Required to Do . . .
Research on the Internet or the Argosy University Online Library and find some cases where officers have been sued in civil court for failing to follow the guidelines meant to protect the citizens from police misconduct.
Submission Details
in a minimum of 250 words, post your responses to the following topics in the Discussion Area.
Describe a lawsuit, the issues involved in the trial, and the verdict. Do you think public safety in terms of the safety of the public was improved? Why or why not?
As a law enforcement officer, what would your reaction be to being sued by a suspect in a case? How do you think that lawsuit would impact your personal life? How would you handle the pressure of being accused of violating the Constitution?
Do you think you might change the way you would act as a law enforcement official if you were aware that you could be sued by a suspect you apprehended? In what way would it impact your duties as a law enforcement official?
Discussion Grading Criteria and Rubric
All discussion assignments in this course will be graded using a rubric. This assignment is worth 40 points. Download the discussion rubric and carefully read it to understand the expectations CJA 315 Module 1 Assignment 3 Theories of Crime
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Is justice just? Sometimes, what is legal is not always perceived by the public as "justice." Many laws define criminal acts and the punishment that will be meted out in the event of a criminal offense. However, there sometimes seems to be a disconnect between what actions are considered criminal in nature and who gets charged for it. Sometimes, people committing the same criminal acts receive different treatments even though they are tried under the same courts of law. Based on the premise that people committing the same criminal acts receive different treatments, read the articles below and answer the questions that follow. Miller, N. P. (2006). "What kind of liberty? Competing visions of freedom . . ." Liberty: Magazine of Religious Freedom, 101(2). SIRS Researcher. From the Argosy University online library resources:
Assessing criminal justice practice using social justice theory Racial disparities in sentencing: Implications for the criminal justice system and the African American community
Consider your readings so far and answer the following questions.
How do you balance the ideals and principles set forth in the Constitution with the realities discussed in the articles presented to you? What role does the crime control perspective play in your thinking regarding the application of the Constitution? Is justice applied fairly when crime control is taken into perspective? Why or why not?
This assignment should be at least five pages long, but no longer than ten pages, and double spaced.
CJA 315 Module 2 Assignment 2 Stop, Search, and Seizure
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Every day, law enforcement officials evaluate suspicious actions of suspects and apply their understanding of the Fifth Amendment’s prohibition against unreasonable searches and seizures in their cases. Locate an article in the recent media involving a criminal case in which a stop, a search, or a seizure was undertaken by law enforcement officials. It can be at a local or national level, though not at an international level.
Based on your current understanding of the laws regarding criminal stops, searches, or seizures, do you believe that the law enforcement agency in question accurately complied with the law?
Make a Microsoft PowerPoint presentation comprising 6 to 7 slides, keeping the following questions in mind:
Was probable cause a factor in this case? If not, should it have been? How should probable cause be implemented, in general? As a law enforcement official, what are some of the questions that you might ask yourself in this case before you engage in a stop, search, or seizure or seek a warrant from the court? Present the details in the Notes section of your presentation. CJA 315 Module 4 Assignment 2 Miranda Rights
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As you learned in your readings, before interrogating a suspect in police custody, the police need to inform the suspect about his or her constitutional rights.
Tasks:
Assume you are a high-ranking official in a law enforcement agency and have ten years of experience in the field. You have been asked to make a presentation to newly sworn police officers about Miranda rights. While the rules for how and when Miranda rights should be given to suspects used to be relatively simple, they have changed dramatically over the past few years.
Utilizing the Argosy University online library, research how Miranda rights and the interpretation of the application of the Fifth and Sixth Amendments to the US Constitution have changed over time.
Prepare a 10- to 15-slide Microsoft PowerPoint presentation regarding these changes and address the following:
Describe the original Miranda case and the statements required for making a valid Miranda warning. Explain under what circumstances Miranda rights are triggered. Describe the changes in the Fifth and Sixth Amendments and the custodial protections that are provided under these. Discuss the past, present, and possible future applications of the following for suspects in police custody: The right to remain silent The right to counsel
Submit the details in the Notes section of the presentation. CJA 315 Module 5 Assignment 1 Violence and Drugs in Centervale Defending Abby
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This LASA assignment is a continuation of the scenario from M3: Assignment 2 LASA 1. Please reread the scenario fromM3: Assignment 2 LASA 1 before starting this assignment.
Having successfully completed law school, you are now a secondyear defense attorney with the state. You have been entrusted with the task of defending Abby, who has been charged with illegal farming of marijuana with intent to sell and illegal possession of firearms. Abby has never been charged with a crime before. The firearms possession charge is a misdemeanor in your state, and the marijuana charge is a felony. During the course of review of the case, you have been provided with the following information:
The police report filed by Officer Edward, which contains all the information regarding the events leading up to the arrest of your
client. The report also includes the observations of Edward's former partner (who has since been promoted to detective). A search warrant for the home and subsequent documentation mentioning that drug paraphernalia and marijuana were found in the front room of the house. The documentation also mentions that a shotgun was found, bearing your client's and her boyfriend's fingerprints, under the couch in the same room. A copy of a statement by your client but not signed by her, which appears to be a confession that she made in the car on the way to the police station. In the statement, she claimed that she just needed to sell a little more marijuana to raise an additional $1,500 so she would have $10,000 to bail her boyfriend, Bobby, out of jail. In addition, twenty marijuana plants were found in the basement of the house, along with $8,500 in cash and a receipt book filled with Abby's handwriting.
When you interview your client, she states that she barely recalls that evening, because she was completely drunk at the time the police showed up. She tells you that she doesn't even remember being in the police car and has no idea that she was told her rights, because she didn't sober up until the following morning.
She denies any knowledge of the marijuana plants in the basement of the house but states that the other marijuana on the table was just there for a party she and Bobby were going to have later that night. She also tells you that she is about four months pregnant with Bobby's child. You have Abby's trial starting the next morning.
Utilizing APA guidelines, citing your sources in text, and creating a corresponding reference page, cite relevant case law and specific information from external sources, present a 6- to 8-page research paper to illustrate how you would defend your client. Please address the following issues specifically in your paper:
Can any of the evidence found in your client's home be suppressed? If so, why and on what grounds? Can any of the statements uttered by your client at the crime scene or in the patrol car be used against her? Can any of them be suppressed? Why? Can the state meet its burden of proof in this case? If not, why not? What can you argue to defend your client on the basis of the evidence listed in the case? Can your client's best interest be served by engaging in trial? Or would it be better for her in the long run to make a plea. If so, what might your request be to the prosecuting attorney for a plea deal? Assuming your client is found guilty on felony charges stemming from the marijuana possession, what argument might you make to the judge and the jury regarding sentencing? What constitutional amendment supports your theory and why?