1. You are a college criminal justice student charged with selling drugs in your dormitory. This crime is a felony. You have…
This crime is a felony. You have taken a few college courses in law and have some knowledge of the law and your rights. Discuss in detail at least 4 legal issues the above poses and how you will defend based on the likely charges that will be brought forward by the Assistant District Attorney prosecuting the case. (what charges are likely?)(WHAT RULES OF COURT/CRIMINAL PROCEDURES WOULD APPLY)
You may assume facts not presented as long as you identify the facts and discuss the issues.
(For Example-DEFINE FELONY, (MASSACHUSETTS AND FEDERAL) Search by the campus police/Evidence(rules)/Witness statements(issues)
YOUR DISCUSSIONS SHOULD INCLUDE CURRENT /PAST CASE LAW WITH THE PROPER CITES.
2. Discuss and Define what ways that probation and parole are similar. How do they differ? Discuss the issues of law that both impose on the defendant and society. EXAMPLES OF WHEN EACH WOULD APPLY AND THE REASONS.
3. Discuss and Describe the four goals and objectives of sentencing. Address/Discuss the issues of how each is consistent or inconsistent with the goals of society. Address/Discuss the Minimum/ Maximum guidelines that limits a judge’s discretion for some crime.(dealing drugs in a school zone).
DISCUSS THE DIFFERENCES IN THE FEDERAL GUIDELINES AND THE MASSACHUSETTS STANDARDS. DISCUSS THE SPECIFIC CASE LAW ON HOW/WHEN A MASSACHUSETTS COURT WOULD APPLY THE FEDERAL STANDARD.
4. Your police department has come under fire as a result of actions of negligence of a police officer under your command.(she beat up a student who was suspected of dealing drugs) Discuss the following(provide examples)
a. Civil Liability under the federal law(section 1983)
b. Civil Liability under the Massachusetts Tort Claim act.
c. Intentional tort vs. Negligence ( tort)
d. Could the officer be prosecuted in state court and then in federal?(Discuss) Would and When might double jeopardy apply to the officer. Why/why not?
5. Until recently, victims had no rights whatsoever and participated only as witnesses during trial. The adversary system of justice says that the state is the offended party in a criminal case and prosecutes the offender in the name of society. Victims had no rights, neither did they have a say in the punishment to be imposed, even in plea-bargained cases. That has changed in many states where victims are now given rights by law. The most common rights the victims now have are: (1) the right to be notified about developments in the case; (2) the right to allocution, and (3) the right to appeal court rulings that violate their rights.
DISCUSS THE FOLLOWING:
Do you agree OR disagree that victims should be allowed to participate in the criminal justice process or should the government be the “objective” arbiter of justice?
Discuss some of the positive effects of allowing victims into the process? What are some of the negative effects of allowing victims into the process? Discuss, which do you think is best, a system that allows victim participation or a system that does not?
6. Brief Katz v. United States, 389 U.S. 347 (1967),–USE THE IRAC FORMAT
Discuss Why this case is important. How are the issues challenged?
7. The USA Patriot Act, is one of the most controversial laws ever passed by the United States Congress. It has the potential to modify current Court decisions on the Fourth Amendment, particularly those involving foreigners, nonresidents, and enemy combatants. Some groups believe provisions of the law give too much power to the government at the expense of Fourth Amendment rights and the right to privacy.
Discuss the current view with katz and the effects of the Patriot Act
Does this law compromise Fourth Amendment rights?
Does it leave some minority groups open to “racial profiling”?—DISCUSS
Is it necessary to sacrifice Fourth Amendment rights in the interest of national security?
DISCUSS-TAKE A POSITION……. QUALIFY YOUR POSITION
