CJA 354 Week 5 Victims and Crime Evaluation (Individual Assignment)

Write a 1,050- to 1,400-word paper that describes roles and functions of individuals in the criminal justice system and how victimization affects each role.

Evaluate the roles of prosecutor, defense attorney, criminal, and victim.

Summarize how victimization affects each role.

Answer the following questions:

• What are the goals of sentencing associated with each role?

• What are the goals of alternative sanctions?

• What recommendations do you have regarding victims’ rights?

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper consistent with APA guidelines.

Victims and Crime Evaluation

          Victims of crimes often suffer from various aspects of the criminal acts that were committed against them. The criminal justice system can also contribute to victimization against victims. Lippman (2010) noted, victims also suffer post crime or secondary victimization. This includes but it not limited to loss of wages, medical expenses, property loss, disability and/or the need to relocate due to safety issues and/or inhabitable living quarters after the crime (Lippman, 2010). Over the year’s inauguration of victim’s rights and victim’s assistance, victims can often relive the horrible experiences that they went through by either having to testify in court or something as simple as nightmares. This is commonly known as pain and suffering.

          In the adversarial criminal justice system, the prosecution develops a case against the defendant by usually working with the local district attorneys office. The evidence presented in a case inevitably involves the victim through law enforcement investigations, the identification of the defendant, medical examinations and victim reports. Both the prosecution and the defense have certain obligations to the victim.

          Each party within the criminal justice system can contribute to victimization. The defense has the responsibility to prove that their client was innocence and did not commit the crime. This can portray that the victim is making up stories and not tell the truth. The prosecution has a responsibility to prove beyond a reasonable doubt that all evidence points towards the defendant. During this process the victim may have to testify or sit in the court room and listen to everything that is being presented in court by both sides. The Judge has the responsibility to make sure that the defendant is receiving a fair trial.

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CJA 354 Week 3 Prosecuting Argument (Learning Team Assignment)

Resource: University of Phoenix Material: State v. Stu Dents Discuss the case as if you are part of the prosecuting team in State v. Stu Dents to develop your argument.

Write a 700- to 1,050-word paper that details the team’s argument.

List the elements of each crime and facts that establish each element.

Provide a specific law for each charge.

List the state where the law is effective. Each team member’s state needs to be represented.

Include the state where your case would be the strongest.

Cite to at least two (2) academic resources.

Cite to your text and/or your electronic readings.

Format your paper consistent with APA guidelines.

Homicide

          In the case of State v. Stu Dents, the charge of homicide was given because of the items and evidence that the detectives recovered after the murder. Upon a search of Stu Dents home, detectives found a journal that included entries that were started six months prior to the murder up until the day before the murder. In this journal Stu Dents discussed rope, rags and a sharp hunting knife to fulfill his destiny. While in Stu Dents home the detectives also found jewelry that belonged to the victim, one piece being a ring that Uma Opee wore on a everyday basis. In a locked room the detectives also found a room full of three hundred or more pictures of Uma Opee stapled all over the walls. One last item that linked Stu Dents to the crime was an ecstasy pill that was found at Uma Opee’s residence and then the same blue tablet with a thumbs up print was also found at the residence of Stu Dents.

Homicide in the State of South Carolina

          In South Carolina Code of Laws Section 16-3-5 defines homicide as “A person who causes bodily injury which results in the death of the victim is not criminally responsible for the victim's death and must not be prosecuted for a homicide offense if at least three years intervene between the injury and the death of the victim.”

SECTION 16-3-10. "Murder" defined.

          "Murder" is the killing of any person with malice aforethought, either express or implied. A person who is convicted of murder or pleads guilty to murder in most states is sentenced to death, imprisonment for life, or by a minimum term of imprisonment for 30 years. When indicting someone for murder the following applies:

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CJA 354 Week 3 Discussion Questions

Discussion Question 1.

According to Lipmann (2010), white collar crimes are “committed by an individual of high status in the course of his or her occupation” . He states further the “U.S. Justice Department defines white-collar crime as an illegal act that employs deceit and concealment rather than the application of force to obtain money, property, or service, to avoid the payment or loss of money, or to secure a business or professional advantage” (Contemporary Criminal Law. Concepts, Cases, and Controversies, 2nd ed.). Please respond to the following: 

(1) Explain why Money Laundering is considered a white collar crime.

(2) Should white collar crimes be more severely punished than blue collar crimes?

(3) Should there be a distinction between white collar and blue collar crimes?

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Discussion Question 2.

Statutory rape is defined as a strict liability offense of intercourse with an underage individual. A strict liability offense is a crime that does not require a criminal intent.

Based on the definition of statutory rape, respond to the following questions:

What distinctions can be made between rape and statutory rape? Should the distinctions exist? Explain your response.

Why have many states changed the offense of statutory rape to criminal sexual conduct?

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Discussion Question 3.

• What is the definition of homicide?

• What distinctions can be made about different types of homicide?

• Compare and contrast the criteria for the types and how they affect the criminal justice system.

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CJA 354 Week 2 Insanity Defense Paper (Learning Team Assignment)

Resource: University of Phoenix Material: State v. Stu Dents Discuss the case as if your team was part of the defense team in State v. Stu Dents and the defendant wants to plead insanity.

Write a 700- to 1,050-word paper in which you answer the following questions as a team:

• Does your team believe the defendant is competent to stand trial? Why or why not?

• What is required in your state for an insanity defense?

• What steps must be taken to prove insanity?

Insanity Defense Paper

          On the night of October 18th, Uma Opee was stabbed thirteen times and bled to death at approximately 11:45p.m. Cuts and bruises were found on her body and skin particles were found under her fingernails suggesting that a struggle had occurred prior to her death. Stu Dents is being accused of this brutal attack ending in murder stemming from two eyewitnesses that saw the defendant walk into the victim’s apartment on the afternoon of the murder. (State v. Stu Dents, UOP material, 2012)

          Police searched the defendant’s home to find jewelry owned by the victim including a ring that was worn by Opee on a daily basis. Over 300 photos of the victim were found stapled onto the defendant’s wall, some of which were apparently taken without her knowledge. In addition, love letters to Opee and a journal were found in the defendant’s apartment. The journal had Dents’ name inside the front cover and detailed events from meetings with the victim from the day they met, six months prior to the incident, up to the night before the fatal stabbing. Finally, various drugs were found in the defendant’s home, including ecstasy pills with a “thumbs up” imprint which matched an ecstasy pill that was found at the victim’s home on the day her body was found. (State v. Stu Dents, UOP material, 2012)

          We believe that the defendant, Stu Dents, is completely competent to stand trial. Not only do we feel that Dents is responsible for the murder, we plan to prove that he was well aware that his actions were morally wrong, illegal, and understood the consequences that went along with his actions. We do not feel that the voluntary use of drugs has any impact on the state of mind of the defendant and we do not necessarily know that Dents had even used any drugs on the night of the stabbing.

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CJA 354 Week 2 Discussion Questions

Discussion Question 1

1. Research the Andrea Yates case, in which a mother suffering from postpartum depression (PPD) killed her five children. 

• Do you feel that PPD should be a defense to murder or manslaughter? Explain. 

• Do you think Ms. Yates received a fair sentence? Explain. 

2. Research the prosecution of Jared Loughner for the shooting of Representative Gabrielle Gifford’s of Arizona. 

• How does competency to stand trial play into this case? Explain your answer. 

• Do you think Loughner is competent? Explain your answer. 

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Discussion Question 2

According to Schmalleger, Hall, and Dolatowski (2010), a syndrome is “a complex of signs and symptoms presenting a clinical picture of a disease or disorder”. They also define a syndrome-based defense as a “defense predicated on, or substantially enhanced by, the acceptability of syndrome-related claims”. Use the foregoing definitions to respond to 

• Review the concept of syndrome-based defense enhancements; 

• Discuss whether a syndrome should be considered an excuse, a justification, or an explanation; and 

• Discuss whether syndromes can best be seen as (1) potentially negating mens rea, (2) widening traditional defenses, or (3) a way of justifying behavior classes or groups of people.

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CJA 354 Week 1 Discussion Questions

Discussion Question 1
To learn more about civil law and criminal law characteristics, you will do the following:
• Prepare a table or chart with two columns.
• Label one column civil law and the other, criminal law.
• Complete the chart with appropriate comparison of the differences between civil and criminal law. You may include similarities, too.
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Discussion Question 2
Define criminal liability. Does it work? Explain. How does criminal liability affect the criminal justice system?
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Discussion Question 3
What is the relationship between “fair” and “law”? Does one influence the other? Does public opinion play a role in how the courts (especially the Supreme Court of the U.S.) interpret the law? Does this information help you predict how the law may or may not change?
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