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Mn568 unit 8 exam latest…guaranteed a+ answers! good luck

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Question 1 2 / 2 points

Osteoarthritis is primarily a noninflammatory condition.

Question options:

a) True

b) False

Question 2 2 / 2 points

Which of the following medications for type 2 diabetes mellitus should not be prescribed during pregnancy?

Question options:

a) Insulin

b) Metformin

c) Glucotrol

d) Precose

Question 3 2 / 2 points

After removing a tack from a type 2 diabetic’s heel and evaluating the site for infection, what is the best plan for this patient?

Question options:

a) Suggest she use a heating pad to improve circulation.

b) Refer to a podiatrist for a foot care treatment plan.

c) Send her for acupuncture treatments.

d) All of the above

Question 4 2 / 2 points

Sam is a 25-year-old who has been diagnosed with low back strain based on his history of localized low back pain and muscle spasm along with a normal neurological examination. As the clinician, you explain to Sam that low back pain is a diagnosis of exclusion. Which of the following symptoms would alert the clinician to the more serious finding of a herniated nucleus pulposus or ruptured disc?

Question options:

a) Morning stiffness and limited mobility of the lumbar spine

b) Unilateral radicular pain symptoms that extend below the knee and are equal to or greater than the back pain

c) Fever, chills, and elevated erythrocyte sedimentation rate

d) Pathologic fractures, severe night pain, weight loss, and fatigue

Question 5 2 / 2 points

John is a 16-year-old boy who presents to the emergency room after hurting his knee in a football game. He described twisting his knee and then being unable to extend it completely. John tells the clinician that he heard a pop when the injury occurred and has been experiencing localized pain.The clinician suspects a meniscal tear. Which test would be most appropriate to assess for the presence of a meniscal tear?

Question options:

a) Valgus stress test

b) McMurray circumduction test

c) Lachman test

d) Varus stress test

Question 6 2 / 2 points

The clinician has instructed Sam, a 25-year-old patient with low back strain, to use NSAIDs to manage his symptoms of pain and discomfort.Which of the following statements would be most appropriate when teaching Sam about the use of NSAIDs?

Question options:

a) “You should start with the lowest dose that is effective in managing your pain, because long-term use of NSAIDs can result in gastrointestinal (GI) disorders such as ulcers and hemorrhage.”

b) “You should start with the lowest dose that is effective in managing your pain to avoid developing tolerance to the medication.”

c) “You should take the maximum recommended dose of NSAIDs so that you will not need to take narcotics to control your pain.”

d) “It is important to take NSAIDs on an empty stomach in order to increase absorption.”

Question 7 2 / 2 points

The clinician is caring for Diane, a 22-year-old woman who presents with an injured ankle. Diane asks the clinician if she will need an x-ray. The clinician explains to Diane that an x-ray is not always necessary for an injured ankle and that the decision to obtain radiographs is dependent on the examination and Diane’s description of her injury. Which of the following clues in Diane’s examination or history would alert the clinician to the need for obtaining radiographs?

Question options:

a) Inability to bear weight immediately after the injury

b) Development of marked ankle swelling and discoloration after the injury

c) Crepitation with palpation or movement of the ankle

d) All of the above

Question 8 2 / 2 points

The clinician finds numerous nodules on the thyroid of a 65-year-old woman. The clinician suspects thyroid cancer. Which of the following data would be most significant for this patient?

Question options:

a) A history of tonsillectomy in the 1940s

b) Recent exposure to mumps

c) Vegetarian diet

d) Allergy to iodine

Question 9 2 / 2 points

A vegetarian patient with gout asks the clinician about food he should avoid. The clinician should advise the patient to avoid which of the following foods?

Question options:

a) Rice

b) Carrots

c) Spinach

d) Potatoes

Question 10 2 / 2 points

One of the most frequent presenting signs/symptoms of osteoporosis is:

Question options:

a) Goiter

b) Abnormal serum calcium

c) Elevated urine biochemical markers

d) Bony fracture

Question 11 2 / 2 points

After 6 months of Synthroid therapy, the clinician should expect which of the following in the repeat thyroid studies?

Question options:

a) Elevated TSH

b) Normal TSH

c) Low TSH

d) Undetectable TSH

Question 12 2 / 2 points

Which of the following signs or symptoms indicate an inflammatory etiology to musculoskeletal pain?

Question options:

a) Decreased C-reactive protein

b) Hyperalbuminemia

c) Morning stiffness

d) Weight gain

Question 13 2 / 2 points

The clinician prescribes glipizide (Glucotrol) for a diabetic patient. Which statement made by the patient would indicate that your teaching has been effective?

Question options:

a) “I’ll take my pill at least 30 minutes before breakfast.”

b) “I’ll take my Glucotrol before bedtime.”

c) “It is important to take my medication right after I eat.”

d) “Since I only like to eat two meals a day, I can take the pill between my meals.”

Question 14 2 / 2 points

The presence of a positive rheumatoid factor is always indicative of rheumatoid arthritis.

Question options:

a) True

b) False

Question 15 2 / 2 points

Which of the following statements is true regarding the treatment of carpal tunnel syndrome?

Question options:

a) The goal of treatment is to prevent flexion and extension movements of the wrist.

b) Splints are used in carpal tunnel syndrome, because they allow for free movement of the fingers and thumb while maintaining the wrist in a neutral position.

c) Corticosteroid injections are discouraged in the treatment of carpal tunnel syndrome because of the risks for median nerve damage, scarring, and infection.

d) All of the above

Question 16 2 / 2 points

Which of the following medications can cause hyperglycemia?

Question options:

a) Prednisone

b) Metformin

c) Synthroid

d) Cephalexin

Question 17 2 / 2 points

Janet is a 30-year-old who has recently been diagnosed with a herniated disc at the level of L5-S1. She is currently in the emergency room with suspicion of cauda equina compression. Which of the following is a sign or symptom of cauda equina compression?

Question options:

a) Gastrocnemius weakness

b) A reduced or absent ankle reflex

c) Numbness in the lateral foot

d) Paresthesia of the perineum and buttocks

Question 18 2 / 2 points

You are performing muscle strength testing on a patient presenting with musculoskeletal pain and find that the patient has complete ROM with gravity eliminated. Which numeric grade of muscle strength would you give this patient?

Question options:

a) 1

b) 2

c) 3

d) 4

e) 5

Question 19 2 / 2 points

A diabetic patient asks the clinician why he needs to check his blood sugar at home even when he feels good. Which of the following responses would be most appropriate?

Question options:

a) “Control of glucose will help postpone or delay complications.”

b) “Regularly checking blood sugar will help establish a routine.”

c) “Monitoring glucose will promote a sense of control.”

d) All of the above

Question 20 2 / 2 points

Which of the following is diagnostic for diabetes mellitus?

Question options:

a) A1C 7.0 on one occasion

b) Fasting blood sugar (FBS) of 100 mg/dL on two occasions

c) Random plasma glucose greater than or equal to 200 in a person with symptoms of hyperglycemia

d) Two-hour post-load plasma glucose of 300 mg/dL on one occasion

Question 21 2 / 2 points

A patient with type 2 diabetes asks the clinician why she needs to exercise. In order to answer her, the clinician must understand that exercise has what effect on the patient with type 2 diabetes?

Question options:

a) Reduces postprandial blood glucose

b) Reduces triglycerides and increases high-density lipoprotein (HDL)

c) Reduces total cholesterol

d) All of the above

Question 22 0 / 2 points

A 35-year-old woman presents with symptoms of hypoglycemia.There is no history of diabetes mellitus. Which of the following should be included in the differential diagnosis?

Question options:

a) Anxiety disorder

b) Pheochromocytoma

c) Psychosis

d) All of the above

Question 23 2 / 2 points

The clinician has been doing diabetic teaching for a patient with type 1 diabetes. Which of the following statements by the patient would indicate that teaching has been effective?

Question options:

a) “As long as I don’t need glasses, I don’t have to worry about going blind.”

b) “I know I need to have my eyes checked every year.”

c) “My optometrist checks my eyes.”

d) “I will see my eye doctor when my vision gets blurry.”

Question 24 2 / 2 points

A 70-year-old female has fallen 2 weeks ago and developed immediate pain in her left wrist. She thought she just bruised it but is worried because it has not improved. She has used Tylenol® and ice at home, and that has helped slightly. You examine her and find she has moderate swelling and ecchymosis but no overtly obvious deformity. Her ROM is uncomfortable and severely diminished due to the pain. No crepitus is heard or felt. Her fingers are warm; her pulse is strong; and capillary refill is less than 2 seconds.What should you do?

Question options:

a) Make an immediate referral for an orthopedic evaluation without further assessment.

b) Tell her that it takes time for these bruises to improve, so she should be patient.

c) Obtain a wrist x-ray and place her wrist in a splint or prescribe a splint.

d) Send her to the emergency room for reduction of this obvious wrist fracture.

Question 25 2 / 2 points

A patient with type 1 diabetes comes to the clinic complaining of feeling nervous and clammy. He states that he took his insulin this morning but was late for work and did not eat breakfast. Which action should the clinician take first?

Question options:

a) Check his blood sugar.

b) Have him drink 4 ounces of juice.

c) Call 911.

d) Ask him about his usual eating habits.

Question 26 2 / 2 points

The clinician suspects that a client seen in the office has hyperthyroidism. Which of the following tests should the clinician order on the initial visit?

Question options:

a) High sensitivity thyroid-stimulating hormone (TSH) and free T4

b) Free T4 and serum calcium

c) Free T3 and T4

d) TSH and thyroxin antibodies

Question 27 2 / 2 points

A 25-year-old patient presents to the clinic with fatigue, cold intolerance, weight gain, and constipation for the past 3 months. On physical examination, the clinician notices a sinus bradycardia; muscular stiffness; coarse, dry hair; and a delay in relaxation in deep tendon reflexes.Which of the following tests should be ordered next?

Question options:

a) Serum calcium

b) TSH

c) Electrolytes

d) Urine specific gravity

Question 28 2 / 2 points

Mrs. Gray is a 55-year-old woman who presents with tightness, pain, and limited movement in her right shoulder. She denies any history of trauma. Her examination reveals a 75% reduction in both active and passive ROM of the right shoulder. Mrs. Gray also is experiencing tenderness with motion and pain at the deltoid insertion. Her medical history is significant for type 1 diabetes mellitus and hypertension. Her social history reveals that she is a secretary and that she is right-handed. Based on her examination and medical history, you suspect adhesive capsulitis, or “frozen shoulder.” Which clue in Mrs. Gray’s history supports this diagnosis?

Question options:

a) History of hypertension

b) Her affected shoulder is also her dominant arm.

c) Her history of diabetes mellitus

d) Her work as a secretary predisposes her to repetitive motions.

Question 29 2 / 2 points

What is the recommended daily calcium intake for adults over the age of 50 with low bone mass?

Question options:

a) 1,200 mg/day

b) 1,000 mg/day

c) 1,300 mg/day

d) 1,500 mg/day

Question 30 2 / 2 points

A patient is diagnosed with hypothyroidism. Which of the following electrocardiogram changes should the clinician expect as a manifestation of the disease?

Question options:

a) Sinus bradycardia

b) Atrial fibrillation

c) Supraventricular tachycardia

d) U waves

Question 31 2 / 2 points

You have detected the presence of crepitus on examination of a patient with a musculoskeletal complaint. Additionally, there is limited range of motion (ROM) with both active and passive movement. These findings suggest that the origin of the musculoskeletal complaint is:

Question options:

a) Articular

b) Inflammatory

c) Nonarticular

d) A and B

Question 32 2 / 2 points

Which of the following statements concerning the treatment of fibromyalgia syndrome is true?

Question options:

a) There is currently no cure for the disorder; however, patients should be made aware that symptom relief is possible.

b) Treatment is directed toward controlling discomfort, improving sleep, and maintaining function.

c) Fibromyalgia syndrome can be difficult to manage, requiring a variety of approaches and multiple medications.

d) All of the above

Question 33 2 / 2 points

Mrs. Thomas was seen in the office complaining of pain and point tenderness in the area of her elbow. The pain has increased following a day of gardening one week ago. A physical finding that differentiates the diagnosis and is most consistent with lateral epicondylitis (tennis elbow) is:

a) Ecchymosis, edema, and erythema over the lateral epicondyle

b) Pain at the elbow with resisted movements at the wrist and forearm

c) Inability to supinate and pronate the arm

d) Inability to flex or extend the elbow against resistance

Question 34 2 / 2 points

Mrs. Allen is a 60-year-old woman who has been diagnosed with osteoporosis. She is very concerned about the risk of breast cancer associated with hormone replacement therapy and is wondering what other treatments are available to her. The clinician explains that bisphosphonates are another class of drugs used in the prevention and treatment of osteoporosis. What teaching should the clinician give Mrs. Allen in regard to taking bisphosphonates?

Question options:

a) Taking bisphosphonates can result in hypercalcemia, so calcium intake should be decreased while taking this class of drugs.

b) There is potential for upper GI irritation, so these medications are contraindicated in people with abnormalities of the esophagus or delayed esophageal emptying.

c) This class of drugs can be taken at any time of the day without regard to meals.

d) None of the above

Question 35 2 / 2 points

The clinician suspects that a client has patellar instability. In order to test for this, the client is seated with the quadriceps relaxed, and the knee is placed in extension. Next the patella is displaced laterally, and the knee flexed to 30°. If instability is present, this maneuver displaces the patella to an abnormal position on the lateral femoral condyle, and the client will perceive pain. Testing for patellar instability in this way is known as:

Question options:

a) Apprehension sign

b) Bulge sign

c) Thumb sign

d) None of the above

Question 36 2 / 2 points

Normal estrogen function is important for preventing osteoporosis in both men and women. Estrogen works to prevent osteoporosis in which of the following ways?

Question options:

a) By decreasing the erosive activity of osteoclasts

b) By promoting osteoclastogenesis

c) By inhibiting osteoclast apoptosis

d) All of the above

Question 37 2 / 2 points

Which of the following tests should you order to confirm Mr.W’s diagnosis?

Question options:

a) Bone scan

b) Computed tomography (CT) scan

c) X-ray of the foot

d) Culture of the ulcer

Question 38 2 / 2 points

One of the initial steps in assessing patients with musculoskeletal complaints is to determine whether the complaint is articular or nonarticular in origin. Which of the following is an example of an articular structure?

Question options:

a) Bone

b) Synovium

c) Tendons

d) Fascia

Question 39 2 / 2 points

Mr. S presents in the clinic with pain, tenderness, erythema, and swelling of his left great toe. The clinician suspects acute gout. Which of the following should the clinician expect in the initial test results for this patient?

Question options:

a) Elevated uric acid level

b) Elevated blood urea nitrogen

c) Decreased urine pH

d) Decreased C-reactive protein

Question 40 2 / 2 points

Urine-free cortisol is one of four diagnostic tests recommended for Cushing’s syndrome.

Question options:

a) True

b) False

Question 41 2 / 2 points

Joyce is seen in the clinic complaining of vague symptoms of nervousness and irritability. She says that her hair will not hold a permanent wave anymore. On physical examination, the clinician finds an irregular heartbeat and brisk reflexes. The differential diagnosis should include which of the following conditions?

Question options:

a) Myxedema

b) Thyrotoxicosis

c) Cushing’s syndrome

d) Pan-hypopituitarism

Question 42 0 / 2 points

How often should the clinician examine the feet of a person with diabetes?

Question options:

a) Once a year

b) Every 6 months

c) Every 3 months

d) Every visit

Question 43 2 / 2 points

A BMI of 29 kg/m2 is considered obesity.

Question options:

a) True

b) False

Question 44 2 / 2 points

Jennifer is an 18-year-old who comes to the emergency room after a fall during a soccer game. Jennifer explains that she fell on her left side and kept her arm out straight to break her fall. She has been experiencing severe pain and limited ROM in her left shoulder. The clinician has diagnosed Jennifer with a dislocated shoulder. Which of the following statements are true concerning shoulder dislocation?

Question options:

a) Posterior dislocations are more common than anterior dislocations.

b) There is a risk of neurovascular and neurosensory trauma, so the clinician should check for distal pulses.

c) Recurrent dislocations are uncommon and would require great force to result in injury.

d) Surgery is most commonly the treatment of choice.

Question 45 2 / 2 points

The clinician should question the patient with suspected gout about use of which of these medications?

Question options:

a) Low-dose aspirin

b) Thiazide diuretics

c) Ethambutol

d) All of the above

Question 46 2 / 2 points

Metformin is the first line of pharmacologic treatment for type 2 DM.

Question options:

a) True

b) False

Question 47 2 / 2 points

Mrs. Anderson is a 35-year-old woman who has been recently diagnosed with carpal tunnel syndrome. She has two young children and asks the clinician what the chances are that they also will develop carpal tunnel syndrome. Which of the following responses would be correct regarding the risk of developing carpal tunnel syndrome?

Question options:

a) Carpal tunnel syndrome commonly occurs in families. Genetic factors are thought to account for about one-half the risk of developing carpal tunnel.

b) Only people with occupations that require repeated flexion extension of the wrist, use of hand tools that require forceful gripping, or use of hand tools that vibrate are at risk for developing carpal tunnel.

c) An underlying musculoskeletal disorder must be present for a person to develop carpal tunnel.

d) Carpal tunnel syndrome only occurs in the presence of a hormonal imbalance.

Question 48 2 / 2 points

Fruit juice with added sugar is the treatment of choice for anyone experiencing hypoglycemia.

Question options:

a) True

b) False

Question 49 2 / 2 points

The patient is prescribed radioactive iodine (RAI) and asks the clinician how this drug works. The clinician’s response should include which of the following data?

Question options:

a) RAI prevents the peripheral conversion of T4 to T3.

b) RAI binds free T4.

c) RAI destroys thyroid tissue.

d) RAI reduces freely circulating iodine.

Question 50 2 / 2 points

Lifestyle modification is the treatment of choice for metabolic syndrome.

Question options:

a) True

b) False

 

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July 1, 2023
    

To be an effective criminal justice practitioner, one must understand the evolution of criminal law and the criminal justice system. One needs to know not only how a criminal statute is developed but also how it applies in the field. It is vital that an awareness exists of all aspects of criminal law—including how to conduct a proper arrest, how to use emerging technology in conducting investigations, how U.S. Supreme Court rulings are applied, and how case preparation is done. One must be cognizant of the available defenses as well as the criminal states of mind. Although there are many opportunities within the criminal justice field, the tie that binds them is criminal law, and a solid comprehension is a necessity for success. The final project for this course will allow you to see yourself in a range of criminal justice practitioner roles. Each position will require you to address different issues and concerns indicative of that area of criminal justice—some requiring research, others requiring you to apply methods of inquiry, all leading to the creation of a case analysis portfolio. The final project is supported by two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Two and Four. The final submission will occur in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: • Illustrate the major historical milestones of criminal law in the United States for their impact on the criminal Justice system and the role of the practitioner • Evaluate constitutional parameters set by courts for their influence on the performance of law‐enforcement agencies • Evaluate the impact of emerging technology on the development of an ethical criminal investigation • Apply the sociological and criminological scientific methods of inquiry to determine a defendant’s mental state and possible criminal defenses for case preparation Prompt For the final assessment, you will need to imagine yourself in a variety of criminal justice practitioner roles. You will be presented with a series of case scenarios and will be required to address each of them by utilizing case law research. You will then have to make decisions based on your findings, evidence, and any procedural knowledge you have obtained throughout the course. The final submission will require you to respond to each one of the following situations and compile them together for a case analysis portfolio. Specifically, the following critical elements must be addressed: I. Miranda A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them. A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement? B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process? II. Jewelry Store Robbery A detective was conducting surveillance outside a jewelry store that had been robbed several times in the past month. It was 85°F outside, and he witnessed three men pacing in front of the store who appeared to be acting nervous. One of the men was wearing a heavy sweatshirt (later identified as Wilson), while the others were wearing t‐shirts. The detective exited his cruiser and approached the three men. The detective conducted a pat frisk of Wilson and found a hard object in the front pocket of the sweatshirt. He reached his hand into the pocket and located a handgun. He placed all three under arrest and later tied all of them to the repeat burglaries. In court, Wilson’s attorney argued that the detective conducted an illegal search when he located the handgun. Imagine yourself now as the judge. A. In order to avoid defense attorneys making this kind of claim in court, new technology could be utilized to aid in the development of cases and in prosecutions. What types of new technology could the detective have employed in his surveillance and arrest that might have helped avoid the defense attorney’s claim of illegal search? Evaluate the impact these types of technology have had on ethical investigations. B. Based on the U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968), how would you rule in this case? Be sure to defend your ruling with evidentiary support. C. Did the ruling justices’ decision in Terry v. Ohio influence the effective performance of law‐enforcement agencies? Defend your position using evidence from the current case as well as the Supreme Court case. III. Rape Investigation You are now a detective assigned to conduct a rape investigation. A. Select an emerging technology available for investigating rape‐related crimes. How has this technology positively or negatively impacted criminal investigations? Support your argument(s) using specific examples. B. Taking into consideration U.S. Supreme Court rulings, what are any limitations or regulations you may encounter in utilizing this technology to conduct an ethical investigation? IV. Pre‐Sentence Investigation A 14‐year‐old juvenile was just convicted of murder, and sentencing is approaching. Imagine yourself as a probation officer assigned to conduct the presentence investigation. Research Miller v. Alabama and use it to guide you on how you would approach this case. A. Based on Miller v. Alabama, what are the constitutional constraints placed upon the judge to come to an ethical and proper sentence in the current case? B. How did the Miller v. Alabama case transform sentencing laws and impact the role of the criminal justice practitioner? Support your response with examples. V. Hinckley On March 30, 1981, John Hinckley attempted to kill President Reagan. There were several witnesses to the shooting, and the evidence was overwhelming. Research this case and imagine yourself as Hinckley’s defense attorney. A. Apply the Model Penal Code test to this case to determine Hinckley’s mental state defense and what the jury’s verdict would have to be. Be sure to defend your response. B. After the Hinckley verdict was reached, many states opted for a new test to be utilized. The Insanity Defense Reform Act of 1984 shifted the burden of proof from prosecution to defense. Apply the present statutory test to the case. How do you believe the jury would vote if Hinckley were tried today? Why? C. What historical milestone case involving the Second Amendment emerged from the events of this situation? How has this case impacted the criminal justice practitioner? VI. Defense Attorney You are a defense attorney. You have a client who is charged with raping and killing four boys. After killing them, he dismembered them and ate them. Your client thinks he did nothing wrong. A. Based on the client’s mental state, what would you argue for a defense for the client? Ensure that you apply and explain any relevant sociological and criminological scientific methods of inquiry you would use in devising your argument. VII. Jim Aiken Jim Aiken comes home early from work and finds his wife in bed with the mailman. He immediately shoots and kills the mailman. Aiken then goes downstairs, makes himself a sandwich, and watches TV while his wife is frozen in fear in bed. After two hours, Aiken goes back upstairs and shoots and kills his wife. You have been tasked with preparing the case for his defense attorney. A. Applying the appropriate sociological and criminological scientific methods of inquiry, what crime did Aiken commit regarding the mailman, and what possible defense could be used? B. What crime did Aiken commit regarding his wife, and what possible defense could be used? Support your response by explaining how you applied the scientific methods of inquiry. VIII. Narcotics Detective Imagine yourself as a narcotics detective. You are told by an informant that a man by the name of Joe Parker is growing marijuana in his basement. He goes on to tell you that the basement has windows, but they appear to be blacked out, preventing anyone from seeing inside. As a knowledgeable narcotics detective, you know that extreme heat is used to keep the marijuana plants healthy. You decide to use a thermal imaging device to see if there is excessive heat coming from the basement. You park in front of his house and turn on the device. It registers extreme levels of heat emanating from the basement. Based on that information, you obtain a search warrant and locate the marijuana. In preparing your paperwork, it is brought to your attention that these events are identical to an actual U.S. Supreme Court case. Research Kyllo v. United States, 533 U.S. 27 (2001), to guide how you would approach this case. A. What elements from Kyllo v. United States will impact your ability to develop an ethical investigation? Be sure to explain your response. B. Examine how the use of thermal imaging technology has impacted detectives, both positively and negatively, in performing ethical investigations in drug‐related cases? C. If you were the judge in the Kyllo case, what would be the constitutional parameters that would influence how you would rule? Why would these influence your ruling? IX. Homicide Detective A detective investigating a recent homicide has obtained a mobile scanner device called a Manta Ray, which allows him to sit in his vehicle and “capture” conversations and data from mobile phones by mimicking a cellular tower. After two days of surveillance on an apartment complex that he believes houses the man who committed the murder, the device grabs pieces of a text conversation between the suspect and his girlfriend. The detective believes the conversation was a vague confession to the crime and decides it is enough to obtain a court order. A. Was the use of the Manta Ray in this investigation done ethically, and how will this potentially impact the development of this case? Consider supporting your response with relevant case law and precedent. Milestone One: Jim Aiken Milestones In Module Two, you will submit a short paper that invites you to wear the hat of a criminal justice practitioner and offer analysis of a criminal situation based on case law research. This milestone will be graded with the Milestone One Rubric. Milestone Two: Miranda and Hinckley In Module Four, you will submit short paper that evaluates the constitutional parameters of two other cases and the ways you can influence the decision‐ making process of the court. This milestone will be graded with the Milestone Two Rubric. Final Project Submission: Case Analysis Portfolio In Module Seven, you will submit your completed analysis of all nine case study scenarios. Your work should reflect the incorporation of feedback gained throughout the course on your milestone submissions. This submission will be graded with the Final Project Rubric. Final Project Rubric Guidelines for Submission: Your submission should be 9-12 pages in length. The document should use double spacing, 12‐point Times New Roman font, and one‐inch margins. Citations should be listed in APA format. Be sure to label each section appropriately (Miranda, Jewelry Store Robbery, etc.) when compiling.

WORK I ALREADY COMPLETED

Milestone 1

Over the years, Miranda Warnings have faced a number of challenges in regards to its constitutionality and legality. There have been questions as to whether failure to give Miranda warnings constitute breaking the law or whether they are just measures that aid in delivering justice (Alkhalifa, 2010). With time, investigators have found ways of getting around this requirement.  In the Missouri case in 2004 (Missouri vs Selbert), the court put an end to yet another alteration of Miranda practice. Missouri State Police would withhold the warnings deliberately then get a confession from a suspect. They would then go on to inform them of the Miranda Warning, get waivers then get the confessions a second time. This serves as an example on how Miranda has had an effect on the practice of law enforcement. The police now have to proof you understood your actions before a confession can be admissible in court. The prosecution has to proof the suspect knowingly and intelligently waived their rights.

As a presiding judge, I would rule that the confession be admissible in court. The first assumption would be that the detectives read him his Miranda Warning when they arrested him. Even then, when at the back of the officer’s cruiser he already knew he was under arrest. No one was questioning him so the court can only assume he gave up the information under his own volition thereby, waiving his rights (Porto, 2011). In the 1980, case Rhodes vs. Innis of 446 US 291, the court ruled that a spontaneous statement by a suspect in custody even before the Miranda Warnings is read to them is admissible as evidence. The only exception is when the statement is in response to police questioning or other police actions likely to have provoked a response. In this case, the police did not provoke any response and the suspect on his own free will made the statement. Therefore, the statement is admissible as evidence.

 The suspect is not guilty due to his mental state at the time he committed the crime. In their testimonies, both the defense and prosecution expert witnesses testified to the fact that John Hinckley Jr. suffered from schizoid personality disorder, narcissism, schizophrenia, dysthymia, major depressive disorder among other mental conditions (Porto, 2011). This shows that both even the prosecution knew that the suspect was not in his right mind when he committed the crime.  Therefore, the suspect is not guilty under the insanity reasons.

Under the present 1984 Insanity Defense Reform Act, John Hinckley would be guilty by the jury. This is because in the Hinckley Case, expert witnesses played a major role in proving the suspect was legally insane (Alkhalifa, 2010). In the current law, it would minimize their testimony as to whether the suspect was legally sane.

In the current law, the burden of proof lies with the defense attorney. It would be tough proving the suspect was legally insane given all the preparation and resources he put to accomplish his goal. Additionally, Hinckley’s statement after committing the crime should he had no remorse or regrets for his crimes. This would have worked against him, as it would portray a person who knew what he was doing.   

The John Hinckley case played a large role in the writing of the Brady Bill. Though a number of states already had gun control measures, the Brady Bill came up with a number of stricter regulations for gun control. 

In conclusion, under this act, gun ownership regulations became tougher and it became harder for people considered a danger in one way or another to own a gun. The former director for Alcohol Tobacco Firearms and Explosives Bureau John Magaw hailed it as a historic and very strong legislation. In Printz vs. US case, Printz unsuccessfully challenged the constitutionality of its interim laws but failed. 

References

Porto, B. L. (2011). May it Please the Court: Judicial Processes and Politics in America. New York, NY: Pearson College Division. 

Alkhalifa, E. M. (2010). E-strategies for Resource Management Systems: Planning and Implementation. Hershey, PA: IGI Global. 

WORK I ALREADY COMPLETED

Milestone 2

Introduction 

The crime that Alken made is known as the crime of passion. Some of the elements of this crime include the person who acted immediately and did not have an opportunity to think. An ordinary person would have experienced the same emotions given the same situation as well as facts. It also involves some provocation since the mailman was found in bed with Jim's wife. The crime of passion has been subjected to the defense of provocation, (Dressler, et al., 2016). This converts what would have been said to be manslaughter and murder. Uxoricide refers to murdering one's partner. The killing of the partner is known as matricide. Defense of honor can be used, (Robinson, et al., 2018). 

People sometimes make decisions based on their emotions and reasoning. When a person acts out of emotions, they ignore the voice that is in them that say that the decision that they are about to make is wrong. People commit the crime of passion for various reasons, such as jealousy. The kind of crime that was committed to the wife is known as the crime of premeditated murder. Alken went and prepared a sandwich and watched television before he killed his wife. 

Conclusion 

The defendant can argue that the wrongdoing was done under the immediate impact of sudden passion arising from an adequate cause. In addition, the crime of passion is known as a second-degree crime. This conveys a prison sentence of between 2 to 20 years, (Zahar & Sluiter, 2018). An individual who has committed murder is sentenced for ninety-nine years and above. Proving a crime of passion is not telling the police your side of the story and hoping that they will agree with you. Police and prosecutors give the suspect the benefit of the doubt 

Reference 

Dressler, J., Strong, F. R., & Moritz, M. E. (2016). Understanding criminal law.

Robinson, P. H., Moskovitz, M., & Grall, J. (2018). Criminal law defenses (Vol. 2). St. Paul, MN: West.

Zahar, A., & Sluiter, G. (2018). International criminal law: a critical introduction. Oxford University Press.

default image
July 1, 2023
    

To be an effective criminal justice practitioner, one must understand the evolution of criminal law and the criminal justice system. One needs to know not only how a criminal statute is developed but also how it applies in the field. It is vital that an awareness exists of all aspects of criminal law—including how to conduct a proper arrest, how to use emerging technology in conducting investigations, how U.S. Supreme Court rulings are applied, and how case preparation is done. One must be cognizant of the available defenses as well as the criminal states of mind. Although there are many opportunities within the criminal justice field, the tie that binds them is criminal law, and a solid comprehension is a necessity for success. The final project for this course will allow you to see yourself in a range of criminal justice practitioner roles. Each position will require you to address different issues and concerns indicative of that area of criminal justice—some requiring research, others requiring you to apply methods of inquiry, all leading to the creation of a case analysis portfolio. The final project is supported by two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Two and Four. The final submission will occur in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: • Illustrate the major historical milestones of criminal law in the United States for their impact on the criminal Justice system and the role of the practitioner • Evaluate constitutional parameters set by courts for their influence on the performance of law‐enforcement agencies • Evaluate the impact of emerging technology on the development of an ethical criminal investigation • Apply the sociological and criminological scientific methods of inquiry to determine a defendant’s mental state and possible criminal defenses for case preparation Prompt For the final assessment, you will need to imagine yourself in a variety of criminal justice practitioner roles. You will be presented with a series of case scenarios and will be required to address each of them by utilizing case law research. You will then have to make decisions based on your findings, evidence, and any procedural knowledge you have obtained throughout the course. The final submission will require you to respond to each one of the following situations and compile them together for a case analysis portfolio. Specifically, the following critical elements must be addressed: I. Miranda A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them. A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement? B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process? II. Jewelry Store Robbery A detective was conducting surveillance outside a jewelry store that had been robbed several times in the past month. It was 85°F outside, and he witnessed three men pacing in front of the store who appeared to be acting nervous. One of the men was wearing a heavy sweatshirt (later identified as Wilson), while the others were wearing t‐shirts. The detective exited his cruiser and approached the three men. The detective conducted a pat frisk of Wilson and found a hard object in the front pocket of the sweatshirt. He reached his hand into the pocket and located a handgun. He placed all three under arrest and later tied all of them to the repeat burglaries. In court, Wilson’s attorney argued that the detective conducted an illegal search when he located the handgun. Imagine yourself now as the judge. A. In order to avoid defense attorneys making this kind of claim in court, new technology could be utilized to aid in the development of cases and in prosecutions. What types of new technology could the detective have employed in his surveillance and arrest that might have helped avoid the defense attorney’s claim of illegal search? Evaluate the impact these types of technology have had on ethical investigations. B. Based on the U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968), how would you rule in this case? Be sure to defend your ruling with evidentiary support. C. Did the ruling justices’ decision in Terry v. Ohio influence the effective performance of law‐enforcement agencies? Defend your position using evidence from the current case as well as the Supreme Court case. III. Rape Investigation You are now a detective assigned to conduct a rape investigation. A. Select an emerging technology available for investigating rape‐related crimes. How has this technology positively or negatively impacted criminal investigations? Support your argument(s) using specific examples. B. Taking into consideration U.S. Supreme Court rulings, what are any limitations or regulations you may encounter in utilizing this technology to conduct an ethical investigation? IV. Pre‐Sentence Investigation A 14‐year‐old juvenile was just convicted of murder, and sentencing is approaching. Imagine yourself as a probation officer assigned to conduct the presentence investigation. Research Miller v. Alabama and use it to guide you on how you would approach this case. A. Based on Miller v. Alabama, what are the constitutional constraints placed upon the judge to come to an ethical and proper sentence in the current case? B. How did the Miller v. Alabama case transform sentencing laws and impact the role of the criminal justice practitioner? Support your response with examples. V. Hinckley On March 30, 1981, John Hinckley attempted to kill President Reagan. There were several witnesses to the shooting, and the evidence was overwhelming. Research this case and imagine yourself as Hinckley’s defense attorney. A. Apply the Model Penal Code test to this case to determine Hinckley’s mental state defense and what the jury’s verdict would have to be. Be sure to defend your response. B. After the Hinckley verdict was reached, many states opted for a new test to be utilized. The Insanity Defense Reform Act of 1984 shifted the burden of proof from prosecution to defense. Apply the present statutory test to the case. How do you believe the jury would vote if Hinckley were tried today? Why? C. What historical milestone case involving the Second Amendment emerged from the events of this situation? How has this case impacted the criminal justice practitioner? VI. Defense Attorney You are a defense attorney. You have a client who is charged with raping and killing four boys. After killing them, he dismembered them and ate them. Your client thinks he did nothing wrong. A. Based on the client’s mental state, what would you argue for a defense for the client? Ensure that you apply and explain any relevant sociological and criminological scientific methods of inquiry you would use in devising your argument. VII. Jim Aiken Jim Aiken comes home early from work and finds his wife in bed with the mailman. He immediately shoots and kills the mailman. Aiken then goes downstairs, makes himself a sandwich, and watches TV while his wife is frozen in fear in bed. After two hours, Aiken goes back upstairs and shoots and kills his wife. You have been tasked with preparing the case for his defense attorney. A. Applying the appropriate sociological and criminological scientific methods of inquiry, what crime did Aiken commit regarding the mailman, and what possible defense could be used? B. What crime did Aiken commit regarding his wife, and what possible defense could be used? Support your response by explaining how you applied the scientific methods of inquiry. VIII. Narcotics Detective Imagine yourself as a narcotics detective. You are told by an informant that a man by the name of Joe Parker is growing marijuana in his basement. He goes on to tell you that the basement has windows, but they appear to be blacked out, preventing anyone from seeing inside. As a knowledgeable narcotics detective, you know that extreme heat is used to keep the marijuana plants healthy. You decide to use a thermal imaging device to see if there is excessive heat coming from the basement. You park in front of his house and turn on the device. It registers extreme levels of heat emanating from the basement. Based on that information, you obtain a search warrant and locate the marijuana. In preparing your paperwork, it is brought to your attention that these events are identical to an actual U.S. Supreme Court case. Research Kyllo v. United States, 533 U.S. 27 (2001), to guide how you would approach this case. A. What elements from Kyllo v. United States will impact your ability to develop an ethical investigation? Be sure to explain your response. B. Examine how the use of thermal imaging technology has impacted detectives, both positively and negatively, in performing ethical investigations in drug‐related cases? C. If you were the judge in the Kyllo case, what would be the constitutional parameters that would influence how you would rule? Why would these influence your ruling? IX. Homicide Detective A detective investigating a recent homicide has obtained a mobile scanner device called a Manta Ray, which allows him to sit in his vehicle and “capture” conversations and data from mobile phones by mimicking a cellular tower. After two days of surveillance on an apartment complex that he believes houses the man who committed the murder, the device grabs pieces of a text conversation between the suspect and his girlfriend. The detective believes the conversation was a vague confession to the crime and decides it is enough to obtain a court order. A. Was the use of the Manta Ray in this investigation done ethically, and how will this potentially impact the development of this case? Consider supporting your response with relevant case law and precedent. Milestone One: Jim Aiken Milestones In Module Two, you will submit a short paper that invites you to wear the hat of a criminal justice practitioner and offer analysis of a criminal situation based on case law research. This milestone will be graded with the Milestone One Rubric. Milestone Two: Miranda and Hinckley In Module Four, you will submit short paper that evaluates the constitutional parameters of two other cases and the ways you can influence the decision‐ making process of the court. This milestone will be graded with the Milestone Two Rubric. Final Project Submission: Case Analysis Portfolio In Module Seven, you will submit your completed analysis of all nine case study scenarios. Your work should reflect the incorporation of feedback gained throughout the course on your milestone submissions. This submission will be graded with the Final Project Rubric. Final Project Rubric Guidelines for Submission: Your submission should be 9-12 pages in length. The document should use double spacing, 12‐point Times New Roman font, and one‐inch margins. Citations should be listed in APA format. Be sure to label each section appropriately (Miranda, Jewelry Store Robbery, etc.) when compiling.

WORK I ALREADY COMPLETED

Milestone 1

Over the years, Miranda Warnings have faced a number of challenges in regards to its constitutionality and legality. There have been questions as to whether failure to give Miranda warnings constitute breaking the law or whether they are just measures that aid in delivering justice (Alkhalifa, 2010). With time, investigators have found ways of getting around this requirement.  In the Missouri case in 2004 (Missouri vs Selbert), the court put an end to yet another alteration of Miranda practice. Missouri State Police would withhold the warnings deliberately then get a confession from a suspect. They would then go on to inform them of the Miranda Warning, get waivers then get the confessions a second time. This serves as an example on how Miranda has had an effect on the practice of law enforcement. The police now have to proof you understood your actions before a confession can be admissible in court. The prosecution has to proof the suspect knowingly and intelligently waived their rights.

As a presiding judge, I would rule that the confession be admissible in court. The first assumption would be that the detectives read him his Miranda Warning when they arrested him. Even then, when at the back of the officer’s cruiser he already knew he was under arrest. No one was questioning him so the court can only assume he gave up the information under his own volition thereby, waiving his rights (Porto, 2011). In the 1980, case Rhodes vs. Innis of 446 US 291, the court ruled that a spontaneous statement by a suspect in custody even before the Miranda Warnings is read to them is admissible as evidence. The only exception is when the statement is in response to police questioning or other police actions likely to have provoked a response. In this case, the police did not provoke any response and the suspect on his own free will made the statement. Therefore, the statement is admissible as evidence.

 The suspect is not guilty due to his mental state at the time he committed the crime. In their testimonies, both the defense and prosecution expert witnesses testified to the fact that John Hinckley Jr. suffered from schizoid personality disorder, narcissism, schizophrenia, dysthymia, major depressive disorder among other mental conditions (Porto, 2011). This shows that both even the prosecution knew that the suspect was not in his right mind when he committed the crime.  Therefore, the suspect is not guilty under the insanity reasons.

Under the present 1984 Insanity Defense Reform Act, John Hinckley would be guilty by the jury. This is because in the Hinckley Case, expert witnesses played a major role in proving the suspect was legally insane (Alkhalifa, 2010). In the current law, it would minimize their testimony as to whether the suspect was legally sane.

In the current law, the burden of proof lies with the defense attorney. It would be tough proving the suspect was legally insane given all the preparation and resources he put to accomplish his goal. Additionally, Hinckley’s statement after committing the crime should he had no remorse or regrets for his crimes. This would have worked against him, as it would portray a person who knew what he was doing.   

The John Hinckley case played a large role in the writing of the Brady Bill. Though a number of states already had gun control measures, the Brady Bill came up with a number of stricter regulations for gun control. 

In conclusion, under this act, gun ownership regulations became tougher and it became harder for people considered a danger in one way or another to own a gun. The former director for Alcohol Tobacco Firearms and Explosives Bureau John Magaw hailed it as a historic and very strong legislation. In Printz vs. US case, Printz unsuccessfully challenged the constitutionality of its interim laws but failed. 

References

Porto, B. L. (2011). May it Please the Court: Judicial Processes and Politics in America. New York, NY: Pearson College Division. 

Alkhalifa, E. M. (2010). E-strategies for Resource Management Systems: Planning and Implementation. Hershey, PA: IGI Global. 

WORK I ALREADY COMPLETED

Milestone 2

Introduction 

The crime that Alken made is known as the crime of passion. Some of the elements of this crime include the person who acted immediately and did not have an opportunity to think. An ordinary person would have experienced the same emotions given the same situation as well as facts. It also involves some provocation since the mailman was found in bed with Jim's wife. The crime of passion has been subjected to the defense of provocation, (Dressler, et al., 2016). This converts what would have been said to be manslaughter and murder. Uxoricide refers to murdering one's partner. The killing of the partner is known as matricide. Defense of honor can be used, (Robinson, et al., 2018). 

People sometimes make decisions based on their emotions and reasoning. When a person acts out of emotions, they ignore the voice that is in them that say that the decision that they are about to make is wrong. People commit the crime of passion for various reasons, such as jealousy. The kind of crime that was committed to the wife is known as the crime of premeditated murder. Alken went and prepared a sandwich and watched television before he killed his wife. 

Conclusion 

The defendant can argue that the wrongdoing was done under the immediate impact of sudden passion arising from an adequate cause. In addition, the crime of passion is known as a second-degree crime. This conveys a prison sentence of between 2 to 20 years, (Zahar & Sluiter, 2018). An individual who has committed murder is sentenced for ninety-nine years and above. Proving a crime of passion is not telling the police your side of the story and hoping that they will agree with you. Police and prosecutors give the suspect the benefit of the doubt 

Reference 

Dressler, J., Strong, F. R., & Moritz, M. E. (2016). Understanding criminal law.

Robinson, P. H., Moskovitz, M., & Grall, J. (2018). Criminal law defenses (Vol. 2). St. Paul, MN: West.

Zahar, A., & Sluiter, G. (2018). International criminal law: a critical introduction. Oxford University Press.

default image
July 1, 2023
    

To be an effective criminal justice practitioner, one must understand the evolution of criminal law and the criminal justice system. One needs to know not only how a criminal statute is developed but also how it applies in the field. It is vital that an awareness exists of all aspects of criminal law—including how to conduct a proper arrest, how to use emerging technology in conducting investigations, how U.S. Supreme Court rulings are applied, and how case preparation is done. One must be cognizant of the available defenses as well as the criminal states of mind. Although there are many opportunities within the criminal justice field, the tie that binds them is criminal law, and a solid comprehension is a necessity for success. The final project for this course will allow you to see yourself in a range of criminal justice practitioner roles. Each position will require you to address different issues and concerns indicative of that area of criminal justice—some requiring research, others requiring you to apply methods of inquiry, all leading to the creation of a case analysis portfolio. The final project is supported by two milestones, which will be submitted at various points throughout the course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Two and Four. The final submission will occur in Module Seven. In this assignment, you will demonstrate your mastery of the following course outcomes: • Illustrate the major historical milestones of criminal law in the United States for their impact on the criminal Justice system and the role of the practitioner • Evaluate constitutional parameters set by courts for their influence on the performance of law‐enforcement agencies • Evaluate the impact of emerging technology on the development of an ethical criminal investigation • Apply the sociological and criminological scientific methods of inquiry to determine a defendant’s mental state and possible criminal defenses for case preparation Prompt For the final assessment, you will need to imagine yourself in a variety of criminal justice practitioner roles. You will be presented with a series of case scenarios and will be required to address each of them by utilizing case law research. You will then have to make decisions based on your findings, evidence, and any procedural knowledge you have obtained throughout the course. The final submission will require you to respond to each one of the following situations and compile them together for a case analysis portfolio. Specifically, the following critical elements must be addressed: I. Miranda A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them. A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement? B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process? II. Jewelry Store Robbery A detective was conducting surveillance outside a jewelry store that had been robbed several times in the past month. It was 85°F outside, and he witnessed three men pacing in front of the store who appeared to be acting nervous. One of the men was wearing a heavy sweatshirt (later identified as Wilson), while the others were wearing t‐shirts. The detective exited his cruiser and approached the three men. The detective conducted a pat frisk of Wilson and found a hard object in the front pocket of the sweatshirt. He reached his hand into the pocket and located a handgun. He placed all three under arrest and later tied all of them to the repeat burglaries. In court, Wilson’s attorney argued that the detective conducted an illegal search when he located the handgun. Imagine yourself now as the judge. A. In order to avoid defense attorneys making this kind of claim in court, new technology could be utilized to aid in the development of cases and in prosecutions. What types of new technology could the detective have employed in his surveillance and arrest that might have helped avoid the defense attorney’s claim of illegal search? Evaluate the impact these types of technology have had on ethical investigations. B. Based on the U.S. Supreme Court case Terry v. Ohio, 392 U.S. 1 (1968), how would you rule in this case? Be sure to defend your ruling with evidentiary support. C. Did the ruling justices’ decision in Terry v. Ohio influence the effective performance of law‐enforcement agencies? Defend your position using evidence from the current case as well as the Supreme Court case. III. Rape Investigation You are now a detective assigned to conduct a rape investigation. A. Select an emerging technology available for investigating rape‐related crimes. How has this technology positively or negatively impacted criminal investigations? Support your argument(s) using specific examples. B. Taking into consideration U.S. Supreme Court rulings, what are any limitations or regulations you may encounter in utilizing this technology to conduct an ethical investigation? IV. Pre‐Sentence Investigation A 14‐year‐old juvenile was just convicted of murder, and sentencing is approaching. Imagine yourself as a probation officer assigned to conduct the presentence investigation. Research Miller v. Alabama and use it to guide you on how you would approach this case. A. Based on Miller v. Alabama, what are the constitutional constraints placed upon the judge to come to an ethical and proper sentence in the current case? B. How did the Miller v. Alabama case transform sentencing laws and impact the role of the criminal justice practitioner? Support your response with examples. V. Hinckley On March 30, 1981, John Hinckley attempted to kill President Reagan. There were several witnesses to the shooting, and the evidence was overwhelming. Research this case and imagine yourself as Hinckley’s defense attorney. A. Apply the Model Penal Code test to this case to determine Hinckley’s mental state defense and what the jury’s verdict would have to be. Be sure to defend your response. B. After the Hinckley verdict was reached, many states opted for a new test to be utilized. The Insanity Defense Reform Act of 1984 shifted the burden of proof from prosecution to defense. Apply the present statutory test to the case. How do you believe the jury would vote if Hinckley were tried today? Why? C. What historical milestone case involving the Second Amendment emerged from the events of this situation? How has this case impacted the criminal justice practitioner? VI. Defense Attorney You are a defense attorney. You have a client who is charged with raping and killing four boys. After killing them, he dismembered them and ate them. Your client thinks he did nothing wrong. A. Based on the client’s mental state, what would you argue for a defense for the client? Ensure that you apply and explain any relevant sociological and criminological scientific methods of inquiry you would use in devising your argument. VII. Jim Aiken Jim Aiken comes home early from work and finds his wife in bed with the mailman. He immediately shoots and kills the mailman. Aiken then goes downstairs, makes himself a sandwich, and watches TV while his wife is frozen in fear in bed. After two hours, Aiken goes back upstairs and shoots and kills his wife. You have been tasked with preparing the case for his defense attorney. A. Applying the appropriate sociological and criminological scientific methods of inquiry, what crime did Aiken commit regarding the mailman, and what possible defense could be used? B. What crime did Aiken commit regarding his wife, and what possible defense could be used? Support your response by explaining how you applied the scientific methods of inquiry. VIII. Narcotics Detective Imagine yourself as a narcotics detective. You are told by an informant that a man by the name of Joe Parker is growing marijuana in his basement. He goes on to tell you that the basement has windows, but they appear to be blacked out, preventing anyone from seeing inside. As a knowledgeable narcotics detective, you know that extreme heat is used to keep the marijuana plants healthy. You decide to use a thermal imaging device to see if there is excessive heat coming from the basement. You park in front of his house and turn on the device. It registers extreme levels of heat emanating from the basement. Based on that information, you obtain a search warrant and locate the marijuana. In preparing your paperwork, it is brought to your attention that these events are identical to an actual U.S. Supreme Court case. Research Kyllo v. United States, 533 U.S. 27 (2001), to guide how you would approach this case. A. What elements from Kyllo v. United States will impact your ability to develop an ethical investigation? Be sure to explain your response. B. Examine how the use of thermal imaging technology has impacted detectives, both positively and negatively, in performing ethical investigations in drug‐related cases? C. If you were the judge in the Kyllo case, what would be the constitutional parameters that would influence how you would rule? Why would these influence your ruling? IX. Homicide Detective A detective investigating a recent homicide has obtained a mobile scanner device called a Manta Ray, which allows him to sit in his vehicle and “capture” conversations and data from mobile phones by mimicking a cellular tower. After two days of surveillance on an apartment complex that he believes houses the man who committed the murder, the device grabs pieces of a text conversation between the suspect and his girlfriend. The detective believes the conversation was a vague confession to the crime and decides it is enough to obtain a court order. A. Was the use of the Manta Ray in this investigation done ethically, and how will this potentially impact the development of this case? Consider supporting your response with relevant case law and precedent. Milestone One: Jim Aiken Milestones In Module Two, you will submit a short paper that invites you to wear the hat of a criminal justice practitioner and offer analysis of a criminal situation based on case law research. This milestone will be graded with the Milestone One Rubric. Milestone Two: Miranda and Hinckley In Module Four, you will submit short paper that evaluates the constitutional parameters of two other cases and the ways you can influence the decision‐ making process of the court. This milestone will be graded with the Milestone Two Rubric. Final Project Submission: Case Analysis Portfolio In Module Seven, you will submit your completed analysis of all nine case study scenarios. Your work should reflect the incorporation of feedback gained throughout the course on your milestone submissions. This submission will be graded with the Final Project Rubric. Final Project Rubric Guidelines for Submission: Your submission should be 9-12 pages in length. The document should use double spacing, 12‐point Times New Roman font, and one‐inch margins. Citations should be listed in APA format. Be sure to label each section appropriately (Miranda, Jewelry Store Robbery, etc.) when compiling.

WORK I ALREADY COMPLETED

Milestone 1

Over the years, Miranda Warnings have faced a number of challenges in regards to its constitutionality and legality. There have been questions as to whether failure to give Miranda warnings constitute breaking the law or whether they are just measures that aid in delivering justice (Alkhalifa, 2010). With time, investigators have found ways of getting around this requirement.  In the Missouri case in 2004 (Missouri vs Selbert), the court put an end to yet another alteration of Miranda practice. Missouri State Police would withhold the warnings deliberately then get a confession from a suspect. They would then go on to inform them of the Miranda Warning, get waivers then get the confessions a second time. This serves as an example on how Miranda has had an effect on the practice of law enforcement. The police now have to proof you understood your actions before a confession can be admissible in court. The prosecution has to proof the suspect knowingly and intelligently waived their rights.

As a presiding judge, I would rule that the confession be admissible in court. The first assumption would be that the detectives read him his Miranda Warning when they arrested him. Even then, when at the back of the officer’s cruiser he already knew he was under arrest. No one was questioning him so the court can only assume he gave up the information under his own volition thereby, waiving his rights (Porto, 2011). In the 1980, case Rhodes vs. Innis of 446 US 291, the court ruled that a spontaneous statement by a suspect in custody even before the Miranda Warnings is read to them is admissible as evidence. The only exception is when the statement is in response to police questioning or other police actions likely to have provoked a response. In this case, the police did not provoke any response and the suspect on his own free will made the statement. Therefore, the statement is admissible as evidence.

 The suspect is not guilty due to his mental state at the time he committed the crime. In their testimonies, both the defense and prosecution expert witnesses testified to the fact that John Hinckley Jr. suffered from schizoid personality disorder, narcissism, schizophrenia, dysthymia, major depressive disorder among other mental conditions (Porto, 2011). This shows that both even the prosecution knew that the suspect was not in his right mind when he committed the crime.  Therefore, the suspect is not guilty under the insanity reasons.

Under the present 1984 Insanity Defense Reform Act, John Hinckley would be guilty by the jury. This is because in the Hinckley Case, expert witnesses played a major role in proving the suspect was legally insane (Alkhalifa, 2010). In the current law, it would minimize their testimony as to whether the suspect was legally sane.

In the current law, the burden of proof lies with the defense attorney. It would be tough proving the suspect was legally insane given all the preparation and resources he put to accomplish his goal. Additionally, Hinckley’s statement after committing the crime should he had no remorse or regrets for his crimes. This would have worked against him, as it would portray a person who knew what he was doing.   

The John Hinckley case played a large role in the writing of the Brady Bill. Though a number of states already had gun control measures, the Brady Bill came up with a number of stricter regulations for gun control. 

In conclusion, under this act, gun ownership regulations became tougher and it became harder for people considered a danger in one way or another to own a gun. The former director for Alcohol Tobacco Firearms and Explosives Bureau John Magaw hailed it as a historic and very strong legislation. In Printz vs. US case, Printz unsuccessfully challenged the constitutionality of its interim laws but failed. 

References

Porto, B. L. (2011). May it Please the Court: Judicial Processes and Politics in America. New York, NY: Pearson College Division. 

Alkhalifa, E. M. (2010). E-strategies for Resource Management Systems: Planning and Implementation. Hershey, PA: IGI Global. 

WORK I ALREADY COMPLETED

Milestone 2

Introduction 

The crime that Alken made is known as the crime of passion. Some of the elements of this crime include the person who acted immediately and did not have an opportunity to think. An ordinary person would have experienced the same emotions given the same situation as well as facts. It also involves some provocation since the mailman was found in bed with Jim's wife. The crime of passion has been subjected to the defense of provocation, (Dressler, et al., 2016). This converts what would have been said to be manslaughter and murder. Uxoricide refers to murdering one's partner. The killing of the partner is known as matricide. Defense of honor can be used, (Robinson, et al., 2018). 

People sometimes make decisions based on their emotions and reasoning. When a person acts out of emotions, they ignore the voice that is in them that say that the decision that they are about to make is wrong. People commit the crime of passion for various reasons, such as jealousy. The kind of crime that was committed to the wife is known as the crime of premeditated murder. Alken went and prepared a sandwich and watched television before he killed his wife. 

Conclusion 

The defendant can argue that the wrongdoing was done under the immediate impact of sudden passion arising from an adequate cause. In addition, the crime of passion is known as a second-degree crime. This conveys a prison sentence of between 2 to 20 years, (Zahar & Sluiter, 2018). An individual who has committed murder is sentenced for ninety-nine years and above. Proving a crime of passion is not telling the police your side of the story and hoping that they will agree with you. Police and prosecutors give the suspect the benefit of the doubt 

Reference 

Dressler, J., Strong, F. R., & Moritz, M. E. (2016). Understanding criminal law.

Robinson, P. H., Moskovitz, M., & Grall, J. (2018). Criminal law defenses (Vol. 2). St. Paul, MN: West.

Zahar, A., & Sluiter, G. (2018). International criminal law: a critical introduction. Oxford University Press.

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