Tag: Law

Research a new or proposed criminal justice policy you support.

Write a 800 word memo in support of a new policy in which you:

Describe the policy.

Explain why you support the implementation of the policy.

Provide statistical data in support of the policy. Explain how the data supports the policy.

Create a power point presentation that outlines the 5 Parts of Assignment 1.  Limit this to 8-9 slides (maximum) plus cover slide and reference slide.  This presentation will be used to present your evaluation findings, outcomes and recommendations.  Each slide should cover the key sections covered in Assignment 2.  Only include the most important details that you identified and are relevant to Assignment 2.  Please include notes for each slide within the power point.  

You are asked to
advise 3 nonprofit organizations that oppose the Portland, Oregon, Interstate 5
(I-5) Rose Quarter Improvement Project: No More Freeways, Neighbors for Clean
Air, and the Eliot Neighborhood Association.

In conjunction
with the Oregon Department of Transportation (“ODOT”), the United States
Department of Transportation (“DOT”) and the United States Federal Highway
Administration (“FHWA”) completed an Environmental Assessment (“EA”) and issued
a Finding of No Significant Impact (“FONSI”) decision for the I-5 Rose Quarter
Improvement Project.

To approve the
funding for the project, Section 4(f) of the Transportation Act requires that a
transportation project is permitted only if there is no prudent and feasible
alternative to using a public park, recreation area, or historic site of
national, State, or local significance. The project must include all possible
planning to minimize harm to the park, recreation area, or historic site if no
prudent and feasible alternatives exist.

When completing
the Environmental Assessment, the agencies only considered two alternatives:
build and no-build. The project will add highway lanes and widen shoulders to
increase vehicle capacity and improve smooth traffic flow where three
interstates meet at the top traffic bottleneck in Oregon. It will create
highway covers on top of I-5 and new crossings over I-5, and one new pedestrian
and bicycle bridge along with upgrades to other local streets. The agencies’
analysis of air quality, transportation impacts, noise impacts, climate
emissions, and so forth are based on transportation modeling, much of which has
been kept from the public’s scrutiny.

The project is in
the Albina neighborhood, a historically Black neighborhood of Portland that was
divided when I-5 was originally built. Properties in the neighborhood are
proposed for the National Register of Historic Places for their significance to
PNW Black History. The project is near Harriet Tubman Middle School and its
outdoor play area, which will be closer to the highway if the project is
completed. The Lillis-Albina Park will be impacted, and the project calls for
building a “noise wall” in the park to protect it from highway impacts.

Questions

Identify three
(3) legal issues that plaintiffs could raise in a challenge to the agency
decisions on the Rose Quarter Improvement Project.

For each legal
issue that you identify, articulate rule that you would apply to the issue,
then the reasoning for why this legal issue is relevant to the facts of this
situation.

For example
(do not use this example! You don’t have these facts in the scenario):

Issue: Do the
plaintiff organizations have standing to sue DOT, FHWA, and ODOT?

Rule: [State the
legal rule for establishing standing to sue]

Reasoning: This
issue is relevant because without standing, any case will be dismissed and
further claims could not be considered by a court. Because they alleged [fact
1, fact 2] but not [fact 3…], the defendant agencies can challenge the
organizations’ standing to sue and the court could dismiss the case….etc

the attachment has the same text clearly written. Please check (Would like if you can send within 9-10 hours)

2,000-2,500 words papers. Feel free to use your own opinion if you are making a case for a specific proposition (i.e. Federalization of the Right of Publicity) You should include at minimum 5 sources that should be cited (endnotes or footnotes are fine). I’m doing the copyright infringement topic.

Operating for over a century, Big Brothers Big Sisters of America (BBBSA) has proven–through decades of evaluation research—that mentorship programs for at-risk youth reduce criminal behavior and support positive outcomes for kids who participate. Given today’s epidemic levels of fatherlessness, it is more critical than ever to create effective programs such as BBBSA that combat the social harm that results.

Read the research articles on the BBBSA program and identify the types of evaluation research and study designs that were used. In a 750-1,000-word essay, address the following:

• Identify and explain the findings that concluded the program was effective in meeting its intended goals.
• Identify any negative or unintended program outcomes.
• In creating future crime reduction programs, what can be learned and put into practice from the success of BBBSA?

Assignment:

Research and draft a basic appellate brief for your client based on the facts provided in the Appellate Brief Scenario below. 

Goals:  

The purpose of an appellate brief is to persuade the court to rule for your client.  The goal of your brief for class purposes will be to make the most persuasive argument available for your client.   

Your goal for the assignment is to demonstrate your ability to identify and phrase the legal issues; to research, correctly cite, and fully apply related legal authority; and to present your written arguments clearly, concisely, and professionally.

Requirements: 

Using your Westlaw subscription, research and correctly identify the legal issue or issues involved.  Locate, correctly cite, and thoroughly apply the following:

1.      At least one source of primary legal authority from your state.

2.      At least one court opinion that would be mandatory authority for the court to which you’re appealing; this may or may not be the same source meeting the requirement in  No. 1 above.

3.      At least one source of persuasive authority; this may be secondary or primary, but not mandatory.

Appellate Brief Scenario: 

Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle identification numbers.  Hall runs a small salvage yard on a 3.5 acre piece of property surrounded by several fences, tall trees, dense scrub bushes, and  posted No Trespassing signs.  The property contains 2 structures:  a small one-room cabin, in which Hall resides, and a separate structure, approximately 30 feet high, with sliding barn doors on all four sides, no windows, and no roof.  

Early on the day of Hall’s arrest, state and local authorities conducted a drone-surveillance sweep after an anonymous tip line received several calls reporting the operation of multiple automotive chop shops in a rural location within your state of residence.  Captured video of the larger structure, obtained by the drone’s camera from approximately 100 feet in the air and simultaneously transmitted to police officers on the ground, revealed the presence of multiple dismantled vehicles, a pile of license plates, various automotive parts and tools, including grinders, cutting saws, hoists and welding rigs.  Hall was taken into police custody at approximately 5:00 a.m. that morning, and was subsequently charged based on that footage. 

At trial, several residents claimed that the presence of the drones in the early morning hours resulted in unnecessary panic, which quickly swept the small community, and resulted in multiple calls to local police dispatch, some minor property damage, and at least one assault.  Sally Jones, who lives adjacent to Ms. Hall, testified  that, “Conner Peterson and those damned drones caused enough drama and paranoia to end a 25-year friendship in a fistfight.”   Conner Peterson, a survivalist/prepper and avid short-wave radio enthusiast, stated for the record that, on the morning of Hall’s arrest, he was up late monitoring radio transmissions between members of a known local anti-government group who were discussing plans for “something big” involving the use of personal drones.  Mr. Peterson stated that he heard an unusual buzzing noise coming from the west side of his property as he stood outside with his dog at approximately 4:00 a.m.  When he spotted a drone hovering between his house and his garage, he immediately began calling to warn his neighbors that something was up, and to remain vigilant.      

The trial court considered all testimony, exhibits, and arguments and found your client guilty.   

1. Explain in your own words the information security concerns that exist in protecting the United States’ national infrastructure.
2. Describe why the oil and gas industries are prime targets for cyber criminals—?more so than other infrastructures—?and state whether or not you agree and why.
3. Conclude why there is a need to regulate SCADA and industrial control systems and why there is concern that this is not being dealt with appropriately.
4. Using the Strayer library or the Internet, find an article that either supports the need for regulating SCADA or that discusses a recent attack. Discuss how this article validates the need for tighter controls.
5. Use the Internet to locate at least three quality resources for use in this assignment.

1. Discretionary Use of Authority: Scenarios

   Because of the nature of law enforcement work, police officers have always maintained a certain amount of discretion. Due to the amount of interaction that officers have with members of the public, this discretion must be fair, equal, impartial, and legal. As such, the use of discretion by officers is both a foundation of police work and a component of community policing.Review the below scenarios. For each scenario, provide a justification for every possible response (Part A). In your justification, include the factors that support or influence each response. In Part B, choose how you personally would respond, provide a rationale for why you feel it is the most appropriate response for the scenario, and explain the role that discretion played in your decision.Using Microsoft Word, copy the scenarios, and provide your answers directly in Parts A and B under each question.Scenario 1: You respond to a call of a theft. Upon arrival, you find that an 18-year-old female has stolen baby formula and diapers by exiting the store without paying. You speak with her and find that she has a newborn baby, does not have any source of income, and needed the formula and diapers for the baby. As such, theft is still a crime. Do you arrest the woman or not? Why?Part A.

   Scenario 1

   Possible Response	Justification for This Response
   I choose to arrest the woman.
   I choose not to arrest the woman.

   Part B.

   • Which response would you choose and why? Also, explain the role of discretion in your response.

   Scenario 2: You respond to an armed robbery. You notice an individual matching the description of the offender. As you approach him, you observe what appears to be a gun in his waistband. Do you immediately attempt to stop him? Or do you wait for backup? Why?Part A.

   Scenario 2

   Possible Response	Justification for This Response
   I immediately attempt to stop him.
   I wait for backup.

   Part B.

   • Which response would you choose and why? Also, explain the role of discretion in your response.

   Scenario 3: You stop a 16-year-old for going through a red light. He explains to you that he is late for work. Do you give him a ticket?Part A.

   Scenario 3

   Possible Response	Justification for This Response
   I write the juvenile a ticket.
   I choose not to write the juvenile a ticket.

   Part B.

   • Which response would you choose and why? Also, explain the role of discretion in your response.

   Scenario 4: You arrest a male individual. Just as you place the handcuffs on him, he breaks free and jumps into a nearby contaminated lake in order to avoid arrest. What actions do you take? Who do you notify? Do you jump in the lake?Part A.

   Scenario 4

   Possible Response	Justification for This Response
   I choose to jump in the lake.
   I choose not to jump in the lake.

   Part B.

   • Which response would you choose and why? Explain the role of discretion in your response. Also, explain the legal and moral considerations affecting your decision.

   Scenario 5: As a police officer, you are assigned to the same location every day. You become very familiar with the crime that takes place, specifically drug sales, robberies, and shootings. You are aware that a specific gang is responsible for the majority of the crimes. The gang members are all male, are of the same race, wear the same colors of clothing, and populate the exact area that you are assigned to during the time that these crimes take place. While on patrol, you observe the individuals matching the description of the gang members committing all of these crimes. The citizens are calling for the police to take action. What behaviors raise your suspicion? What action do you take? Do you stop these individuals? Do you search these individuals? How do you go about investigating these individuals?Part A.

   Scenario 5

   Possible Response	Justification for This Response
   I choose to take action against the gang.
   I choose to take some action.
   I choose to take no action.

   Part B.

   • Which response would you choose and why? Explain the role of discretion in your response. Also, explain any Supreme Court cases affecting your decision.

   Your assignment must follow these formatting requirements:

   • Be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references should follow the Strayer Writing Standards (SWS).
   • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

   This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.The specific course learning outcome associated with this assignment is:

   • Review the factors that influence discretionary use of authority.

There will be five reading responses assigned during the course of the semester. I will provide a list of questions for each reading on CANVAS to facilitate your responses. This essay is an opportunity to answering the question, “what was this about?” – and an opportunity to connect your personal experiences to the readings. However, you do not have to connect your personal experiences to receive an “A”.