In this course, we have been learning about the different time periods of policing. Based on the current climate, there is a level of distrust today between the police and the public. Riots, marches, and protests in response to high-profile police shootings have eroded the relationships that were built through community policing. With the hopes of improving police efficiency and finding new approaches to working together with the public, we move into a new period of policing. Law – Criminal Week 4 Assignment – Policing In America

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Using the Internet links provided this week and your textbook look at the different periods of policing up to today. Based on the changing role and function of police officers over the years, address the questions below, ending with the current state of policing and how it is affected by technology.

Use the Policing in America Template [DOCX] Download Policing in America Template [DOCX]in which you will:

1. Examine different periods of policing and discuss their main strengths and weaknesses.
2. Identify the period of policing that you believe has had the greatest impact, and justify why you feel that is.
3. Explain how technology affects policing in today’s society, including both the pros and cons. Law – Criminal Week 4 Assignment – Policing In America

Your assignment must follow these formatting requirements:

• This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all supports. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

• Summarize the history and impact of key policing eras.

Policing in America

Police officers are the gatekeepers of criminal justice. They are the ones that initiate criminal proceedings against those accused of crimes and send them on their journey through the criminal justice system. Policing has evolved immensely over the centuries. Since the inception of policing in 1066, we have seen a transformation from ill-equipped, untrained, corrupt, and unsupervised watchmen to the highly trained and supervised police agencies we see today. Law – Criminal Week 4 Assignment – Policing In America

Question 1: Using Chapter 4, “Police in Society: History and Organization,” of your textbook, complete the table below.

History of the Police Time Period	Overview of the Time Period – What Defined It	Strengths of This Time Period	Weaknesses of This Time Period	Key Developments (list two per time period)
1066–1600 (example)	Policing initially began as villages protecting each other from thieves and marauders. This system was overseen by a constable, appointed by the local nobleman. This system expanded into the watch system that patrolled larger cities and towns. Watchmen patrolled at night to protect against robberies, burglaries, and fires. They reported to a constable making up a sort of primitive police agency. Law – Criminal Week 4 Assignment – Policing In America	Citizens were responsible for keeping their cities and villages safe. Giving citizens this responsibility made it tougher for criminals to commit a crime undetected.	While the people of the village were responsible for reporting crimes, there was no formal training involved and no oversight to ensure that those responsible for preventing crimes were not the same ones committing crimes.	1.       Back then, counties were known as shires, and head law enforcement agents in a county were known as shire reves, which is where we get the modern-day term sheriff. 2.       In 1326, the Justice of the Peace was created and the role of law enforcement expanded beyond just reporting crimes. Justices then also served warrants, investigated crimes, and supervised the local watchmen.
1800–1900
1900–1960
1960–1980
1980–present (Community Policing period)

Question 2: Which ONE of the above time periods do you believe has had the greatest impact on policing, and why? Be sure to include your rationale.

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Question 3: Social media and technology have greatly affected policing in the past ten years. Please review the links provided for this week on technology and policing along with Chapter 4 in your textbook as you prepare to discuss how technology affects policing in the 21st century.

• How Technology Is Changing Law Enforcement.
• Social Media’s Impact on Incidents Involving Police Use of Deadly Force.
• How Cell Phone Video Impacts Police Work[Video].
• The Benefits (and Limitations) of Body Cameras on Police Officers [Video].

After watching the above videos, choose one—cell phones, social media, or police body cams—and explain how it affects policing in today’s society. Describe the pros and cons and provide examples. Law – Criminal Week 4 Assignment – Policing In America

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What is the actus reus, or the action that caused harm?

Write a 500- to 750-word paper that addresses the following for each of the five cases:

What is the actus reus, or the action that caused harm?
What is the mens rea, or the intent of the person who caused the harm? Be sure to discuss the level of mens rea (purposeful, knowing, reckless, and negligent) and explain how you came to this conclusion.
Is there concurrence? Did the actus reus and the mens rea occur together?
Which excusable or justifiable defense could be applied to this case? What information from the scenario led you to this conclusion?

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Criminal Justice Case Studies: Criminal Law, Week 4

For the case studies this week, you revisit case studies used in a previous week—but
with some details changed. What is the actus reus, or the action that caused harm?

The Case of the Smith Family Shooting

read the case study below. Imagine that you are the prosecutor and that the
following details are also part of the scenario:

• The son is 19 years old (instead of 12 or 16 years old as in the previous cases).
• The gun on the upper shelf is the son’s, although it (along with all the other guns)
is not registered. What is the actus reus, or the action that caused harm?
• The mother denies having been physically abused by the father.
• The son has a prior arrest for assault.
• The father called the police on his son 2 years ago for threatening him with a
knife, but the father did not pursue any legal action.

Mrs. Smith called emergency dispatchers at 3 a.m. to report a shooting. As the
responding officer, you observe the following:

Mrs. Smith says that she and her husband had been arguing and that at one point her
husband threatened to shoot her and her son. Mrs. Smith says, “He spouts off things
like that, but he never does anything about it. He has a temper. But I’d had enough of
his meanness and coming home late, so I went to the bathroom to put myself together
and get out of there for a while.”

In response to being asked if she planned to take her son, she says, “No. I always come
back.”

Johnny, the Smith’s 19-year-old son, woke up because he heard his parents arguing.
He says that they fight often, “but this time the fighting seemed a lot crazier than usual.”
Johnny says that his father went outside, slamming the door. Johnny then says, “I
picked up the living room gun off the coffee table and went to his bedroom.” He reports
that his father keeps “other guns” around the house, unlocked and in the open. During
the witness interview you observe a second gun on an upper book shelf in the living
room, in an unlocked case, and a subsequent search of the home uncovers a third gun,
not in a case, on a kitchen counter near the back door. What is the actus reus, or the action that caused harm?

Johnny continues to say that when Mr. Smith came back in the house, he continued
yelling at Mrs. Smith from the living room. “I fixed the car so you can’t leave!” Mr. Smith
yelled. “Where you going to go at this time, anyway?” Johnny said he took the revolver
he had taken out of the case it had been in, and told his mother to stay in the bathroom.
He then walked into the living room. As Mr. Smith stood up and started walking towards
Criminal Justice Case Studies: Criminal Law, Week 4
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Johnny, Johnny fired the gun at his father. Johnny says that he fired the gun because
he was afraid that his father might hurt his mother.

The mother claims that she did not hear Johnny in the hall until the gun was fired. The
father suffered a minor injury on his right hand from grabbing the hot, recently fired gun
from Johnny. The bullet is found lodged in a neighbor’s car parked on the street,
causing damage to the window and interior. The neighbor inquires about how he could
“get those jerks to pay for fixing my car.”

The father, when approached while being tended to by the EMS, smells of alcohol. He
says, “That boy knows better than to touch my guns. I’ve told him to leave them alone a
hundred times. He should know better.” What is the actus reus, or the action that caused harm?

scenario 2
The Case of the High School Fight

Re-read the case study below. Imagine that you are a prosecutor and that the following
details are also part of the scenario:

• Jake’s parents want to press charges against Tony.

You are called to the local high school to investigate an altercation between two
students, Scott and Tony. At the scene, you observe two students injured on the curb of
the parking lot, near a new sports car. One student, named Jake, has blood coming
from his head and is laying on his back. The other student, Scott, is holding his shoulder
and has contusions on his arm and face. Jake, the boy on his back, seems groggy, and
two witness say he hit his head hard on the curb. After EMTs arrive, stabilize Jake, and
tend to Scott, you conduct the following interviews.

Tony says, “Scott and me trash talk each other all the time. We’re not friends, really, but
we’re not exactly enemies.” Tony says that he just received the new sports car a few
days ago. “Scott comes over, after talking his usual trash, and pulls his keys out. Like
he’s going to gouge the paint on my new car.” He claims that Scott made a big show of
doing this—there were many witnesses, but most had dispersed. Tony adds, “So I
tackled him. But he didn’t go down right away. We started trying to get each other down.
I started swinging. He started swinging. Things got out of hand. It’s not like I saw Jake. I
didn’t mean to hit him.”

Scott’s story matches Tony’s, and Scott admits to the taunting. However, Scott adds, “I
wasn’t going to wreck his car. I like his car. Tony’s a friend. I was just playing. I was just
trying to defend myself. Jake’s a friend, too. Tony didn’t mean to hit him. He was just
swinging wildly. All I saw was that a punch missed me, hit Jake, and Jake fell backward
and hit his head on the cement.” What is the actus reus, or the action that caused harm?

The EMTs decide to take Jake to the hospital, possibly for an MRI due to the blow to the
head. He shows signs of a possible concussion. He says, “I was just trying to break it
up.”

You interview three witnesses who had remained on the scene, tending to Jake until
help arrived. All three corroborate the story, saying that Jake was trying to break up the
fight.

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senario3

The Case of the Late-Night Robbery

Re-read the case study below. Then, imagine that you are a prosecutor and that the
following details are also part of the scenario:

• He was arrested and charged with unlawful entry and attempted burglary.
• Edwin does not claim to have known anything about the homeowner, including
that he thought he was wealthy.
• In fact, Edwin doesn’t remember much about the night before being arrested.

You respond to the home of an 84-year-old male who called 911 to report an intruder
and another call about gunshots fired. You were just two blocks away and managed to
apprehend an individual climbing a fence adjacent to the home.

The suspect is named Edwin and is described as a 32-year-old male who is 6’2” tall and
weighs 275 pounds. He admits to spending Saturday evening at the local pub. “I left
after the jerk bar tender refused to serve me. Said I was too drunk. I wasn’t too drunk to
climb that fence, was I?”

On his way home from the bar, Edwin decided to try robbing the home. “I’ve seen that
old man before. I pass by his house all the time. Looks like he’s got a lot of money,”
says Edwin. He had kicked his way through a back-patio door and into the enclosed
porch of the residence. “I figured that guy couldn’t hear—probably had hearing aids. So,
I kept going. Of course, then the crazy old guy’s standing in his robe with his gun
pointing at me. No way was he going to shoot. Then he shoots!”

According to the homeowner, despite being warned away, Edwin continued to break
through the door. The owner says that he heard Edwin break into the home. “I have
good hearing for my age,” says the owner. “But he wasn’t trying to be stealthy, it
seemed. I called 911 from my bedside phone. Then I grabbed my shotgun. I thought I
recognized him from walking by here. I fired that warning shot,” said the owner. “I tried
to fire into the dirt, through the broken window, so as to not harm anyone with a stray
bullet. Then he ran right out the door.” What is the actus reus, or the action that caused harm?

Technology in the Criminal Justice System Essay

Overview of Rule of Law

Topic #1: Define the term “law.” What are the sources of law?

Law can be defined as rules that are recognized in a country as regulating the behaviors of the people by imposing punishment or penalties to those who break them. Sources of law include a nation’s constitution, custom law, case laws, statute laws, and administrative regulations (Law, 2018) Overview of Rule of Law.

Topic #2: Define the legal term “precedent.” Discuss an example of precedent.

A precedent is a decision that is arrived at by the court as the judgment that will be used in future cases that are related to the original case. An example of a precedent is the decision that was arrived at in the Brown v Education case where the United States Supreme Court ruled that black children should be given access to quality education given to white children (Law, 2018). Since that day, any discrimination case brought to the court is solved by referencing the precedent from the racial segregation case Overview of Rule of Law.

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Topic #3: Describe the responsibilities of the Department of Health and Human Services.

This is a cabinet-level agency within the office of the United States president that center on strengthening and safeguard the health of entire Americans. The agency’s main role is to give successful health and mortal services by promoting innovations and inventions in medicine, public health, and social services. The agency achieves this main goal by providing guidance for healthcare application development, protecting citizens against ransomware attacks, developing cutting-edge technologies such as the block chain, and installing health IT infrastructure (Basedow, 2015) Overview of Rule of Law.
Topic #4: Describe the branches of government and give examples of their functioning.

There is the legislative branch that consists of Congress, which is also referred to as the House of Representatives and the Senate. Its role is to make laws and taxation and budgeting. There is the executive branch of the government that is made of the president of a nation, vice president, and major government departments such as the Department of Defense. Each department has a leader selected by the president and all the leaders and the president form the cabinet. The function of the executive branch is to enforce laws. Lastly, there is the judiciary branch that consists of the Supreme Court and other courts. The main role of this branch of the government is to interpret laws (Law, 2018) Overview of Rule of Law.
Topic #5: Describe and discuss the objectives of tort law.

The main goal of tort law is to give reprieve to hurt individuals for damage that have been induced upon them by wrongdoers. The tort law imposes liability on a party that is charged with causing harm to the other. Moreover, its objective is to prevent wrongdoers from committing harmful acts either by shifting the responsibility of casualty to the party at culpability, seeking redress, or using usual remedies like injunction and restitution (Law, 2018) Overview of Rule of Law.
Topic #6: Compare and contrast negligence and malpractice.

Negligence is the harm caused by carelessness, where a person fails to give care where a rational person would exercise it in the same situation. In contrast, malpractice is where licensed practitioners fail to provide services or products based on the required standards. One similarity is that both are treated as civil cases where monetary compensation is provided to the harmed party to pay for the damages (Basedow, 2015) Overview of Rule of Law.
Topic #7: Discuss the elements which be proven to be successful in a negligence suit.

For a party to be accused of negligence, four elements must be fulfilled: the part must owe a duty of care to the plaintiff; the defendant must breach the duty; it must be ascertained that the plaintiff was harmed, and finally, it must be confirmed the breach of duty lead to an injury.

Topic #8: Discuss what is meant by a standard of care and explain how such standards may be violated.

This refers to the degree of caution and prudence that a care provider should provide to a person under the duty of care. For example, the standard of care patients should include a suggestion to receive chemotherapy treatment or surgery (Basedow, 2015) Overview of Rule of Law.
Topic #9: Discuss the defamation of character.

The defamation of a character is a wrongful act where a person creates false statements that destroy the reputation of another. This can occur if there are written false statements that are more harmful than slander, falsifying publicized statements, defamatory statements directed to damage the name of a person, or defamatory statements that are “unprivileged” (Law, 2018) Overview of Rule of Law.
Topic #10: Discuss the elements required to establish fraud.

For fraud to occur, there must be a representation of fact; the facts must be misleading; there must be materiality of facts; the person representing the knowledge must be ignorance of the facts; and the representor must demonstrate the intent to cause injury to the other party (Law, 2018).
Topic #11: Discuss the various legal theories involved in product liability lawsuits.

There are three theories: the first is a breach of warranty where defendants violate the contract between them and the seller of a product before the guarantee has expired; the second is the negligence theory where a person’s or company’s negligence causes products to be defective; and the third is the strict liability law where the person has the permission to seek compensation from whoever causes a product to be defective (Law, 2018) Overview of Rule of Law.
Topic #12: Discuss the various defenses employed in products liability lawsuits.

The defense can be accepted if a product design or defect did not lead to realistic injuries to the plaintiff. The second defense is where the defendant argues that the plaintiff contributed to the negligence that led to the harm; the third argument is where the plaintiff knows the product can be defective and accepts to use it under the assumption of risk; the fourth argument is when the period within which the plaintiff can take a course of action to court has expired (Law, 2018) Overview of Rule of Law.

 

 

References

Basedow, J. (2015). The law of open societies: Private ordering and public regulation in the

conflict of laws. Danvers, MA: BRILL.

Law, J. (2018). A dictionary of law. New York, NY: Oxford University Press Overview of Rule of Law.

Assessing Judicial Power Sample Essay

CMRJ201…week 5

https://www.usa.gov/federal-agencies/administrative-office-of-the-u-s-courts

https://www.law.cornell.edu/wex/judicial_administration

https://www.aclu.org/blog/speakeasy/role-chief-justice

The United States has a dual court system; a federal court system and state court systems. The structures of these court systems are very similar in that they are broken up into multiple levels to handle both criminal and civil matters. Additionally, each court system has a structure that allows for an appeal process. In some situations, cases from the state court systems can be appealed to the federal court system Assessing Judicial Power Sample Essay.

In your initial response, compare and contrast the role and function of the federal court system with the individual state court systems. As part of your discussion consider both the administrative operations of the courts, as well as the public facing (court hearing) aspects. Conclude your response by stating whether or not you believe one court system is more effective than the other and briefly defend your position Assessing Judicial Power Sample Essay.

Assessing Judicial-effectiveness: Federal Court System versus State Court Systems

The United States, like most federal nations, boasts of the plurality of its judicial system which consists of both federal and state-level judicial systems Assessing Judicial Power Sample Essay. However, the plurality of U.S judicial system has also attracted questions on which of the two court jurisdictions is more powerful when controversies regarding the application of laws or court organization emerges. The diversity of U.S court systems, mainly premised on the administrative operation, organization, and functions of the courts, attracts considerable controversies about the power and effectiveness of either judicial levels.

The administrative framework and operation of the two courts differ to a considerable extent. The administrative framework of state courts is designed, implemented, and overseen under the direction of the state court administrator(Cornel Law School, 2021). The roles of the state court administrators include preparing and implementing legislative budgets, managing judicial personnel, authorizing funds for judicial education programs and research, as well as monitoring the compliance of lawyers and attorneys with ethical standards Assessing Judicial Power Sample Essay. The National Center for State Courts is an independent and nonprofit organization that offers state courts with all technical administrative processes. The federal judicial system, however, has different administrative outlook (Cornel Law School, 2021). A clerk of court is placed at each federal district to manage judicial budgets, oversee judicial education and research programs, and oversee the planning of all court programs and personnel administration. The Chief Justice of the U.S Supreme Court is regarded as the administrative head of the Federal court system.

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Federal courts deal exclusively with state and local legislation and handles cases that are embedded on the federal constitution and Congressional acts(Anderson, 1965). Court hearing is mainly conducted at the U.S District Court that available in each state. Parties that are dissatisfied with decisions established at the District Court seeks appeal in the U.S Court of Appeals available in each state Assessing Judicial Power Sample Essay. The cases addressed in federal courts are those in which the United States is a party, cases involving citizens from different states, those involving bankruptcy, copyright, maritime law, or patent rights. State courts, on the other hand, hold a broader jurisdiction and handle mainly criminal cases. This is specifically because most criminal cases are as a result of a violation of state laws. These include murder, robberies, traffic violation, broken contracts, and domestic disputes. However, crimes that violate the status of federal property such as military reservations and game parks are tried in federal courts. Both courts deem the U.S Supreme Court as the highest judicial body Assessing Judicial Power Sample Essay.

Federal courts, say district courts are bound to consider state law premised on whether the crime in question involves claims found both in state and federal law. Hall (2015), for instance, argues against the common notion that the U.S. Supreme Court is the most effective and powerful federal court to make decisions on social and political issues. Federal court systems, however, are more effective both in their administrative landscape as well as in their jurisdiction Assessing Judicial Power Sample Essay. Although state courts possess a broader jurisdiction considering that most criminal laws are state laws, federal courts assume full jurisdiction over claims that are embedded on the federal legal system, including all state issues raised along the case. (Spohn, 2005). Federal court systems are organized and administered better, hence are more effective in serving the U.S justice system.

References

Cornell Law School . (2021). Judicial Administration: An overview. Retrieved from Cornell Law: https://www.law.cornell.edu/wex/judicial_administration

Anderson, L. A. (1965). The Line Between Federal and State Court Jurisdiction. Michigan Law Review, 63(7), 1203-1208.

Hall, M. E. (2015). Testing Judicial Power: The Influence of the U.S. Supreme Court on Federal Incarceration. American Politics Research, 43(1), 83–108. Retrieved from 10.1177/1532673X14534063

Spohn, C. (2005). Sentencing Decisions In Three U.S. District Courts: Testing the Assumption of Uniformity in the Federal Sentencing Process. JUSTICE RESEARCH AND POLICY, 7(2), 1-27 Assessing Judicial Power Sample Essay.