Tag: Law

• Both the civil and criminal tracks will be working on the case of Angela Frame. In Angela’s case, Ms. Frame signed a fee contract wherein she agreed to keep current on all monthly bills. Bills have been sent out monthly. Ms. Frame is now more than $6,000 delinquent on her account. We would like to withdraw from representing her but are concerned about our ethical obligations surrounding withdrawing from a client’s case based solely on a failure to pay attorney fees. Therefore, we will need a short 1-2 page memorandum detailing our legal and ethical obligations. You should discuss the following issues at a minimum:
• Will we be permitted to withdraw from representing Angela due to non-payment of fees?
• What steps will need to be taken to protect her case from prejudice due to our withdrawal if we are permitted to withdraw and cease our representation?

• CIVIL TRACK: The opposing counsel in Mark Bouden’s case has produced an audio and video file which directly contradicts Mark’s testimony related to the accident at Mary’s Muffin Shop. We are concerned that Mark will proceed to trial and perjure himself on the stand. Therefore, we will need a short 1-2 page memorandum detailing our legal and ethical obligations related to withdrawing and the perjury. At a minimum you should discuss the following:
• Will we be permitted to withdraw from representing Mark due to the concern over perjury?
• Is there an obligation to notify the court of the potential for perjury?

I’m working on a law discussion question and need an explanation to help me understand better.

Topic: Interviewing Children, Sexual Abuse, and Child Custody

Thread: Discuss the aspects and questions judges should consider when deciding which parent a child should live with.

Should a judge ask the child what he or she desires? Would it matter? Should children automatically be given to their mothers? Discuss the difference between sole custody and joint custody. What are the pros and cons of each court decision?

I’m working on a law discussion question and need an explanation to help me study.

Topic: Competency to Stand Trial and Insanity

Thread: Discuss the ramifications of competency to stand trial for someone claiming intellectual disability using the Dusky standard.

Do you believe there is a better way to assess competency? What might that be? Discuss the areas they would assess for cognitive impairment. What factors would you rely on in your evaluations to support their competency conclusions?  In addition, is it important for a defendant to be able to assist in his or her own defense to be deemed competent? How is putting people in mental institutions without their being able to explain themselves or their behavior any different than incarcerating them? Other than mental illness, why might certain sectors of the population be more likely to be judged incompetent than others?

I don’t understand this Criminal Justice question and need help to study.

Question 1: (175 words)

• It is common knowledge that under the American system of federalism, police power gives the states the responsibility for maintaining public order and safety within each state, including the passing and enforcing of criminal laws. However, the federal government must rely on specific powers granted by the Constitution to pass criminal laws. Discuss the importance of the Commerce Clause and the jurisdictional power it grants to the federal government. Include one example of a legal case that was decided based upon the courts application of the Commerce Clause. Provide a rationale to support your response and respond to no less than one of your peers.

Question 2: Respond to the following statement (150 words)

• “Consheller, this is certainly a landmark case – and for those of you who enjoyed Hamilton but didn’t get the significance of the Cabinet Battle 1 part, this is part of what that controversy was about. After the Constitution was ratified, there was still a lot of controversy about the states’ rights issue and how strong the national government should be. The feds: we’re supreme! The states: yeah – we don’t think so! Alexander Hamilton, the nation’s first treasury secretary, argued a national bank was necessary to fund national infrastructure projects, among other things. So in 1791, President George Washington obliged and created the first Bank of the United States, headquartered in Philadelphia. In 1816, the second Bank of the United States was created and had branches in a number of cities, including Baltimore. In 1818, Maryland’s legislature passed a bill taxing out-of-state banks operating in the state. The law specifically targeted the Bank of the United States, since it was the only such bank operating in Maryland. And this is where McCulloch comes in. James W. McCulloch, the head cashier at branch in Baltimore, refused to pay $15,000 in “owed” taxes, claiming Maryland’s government didn’t have the right to tax a federally chartered bank. Maryland’s leaders sued and the state’s courts sided with the legislators (of course!) But McCulloch’s lawyers appealed the case to the US Supreme Court, where the Justices ruled in favor of Congress (surprise!) Chief Justice John Marshall wrote that Congress had the right to establish a bank under the Constitution’s necessary and proper clause, as you pointed out, and that states lacked the authority to tax a federally chartered institution. And boom! Federal supremacy begins to gain a foothold.”

I’m stuck on a Criminal Justice question and need an explanation.

Question 1: (150 words)

Do you believe rational people choose to commit crimes or are there other intervening factors beyond the individual’s control? Which school of criminology does your position align with: Classical, Neoclassical, or Positive? Explain your response.

Question 2: Respond to the following statement: (150 words)

Statement: “In my opinion, I believe rational people choose to commit crimes. I understand that there are other intervening factors beyond the individual’s control, but it all narrows down to a rational choice. Basically, a rational person is a sensible person who relies on intelligent thinking to make decisions rather than relying on emotions. For example, what differentiates a rational parent from other parents? If a child kills another child, a father can either report the incident or try to cover it up. A rational father would look at the risks, rewards and impacts of either option before deciding on what to do. This is why I believe that most crimes are committed by rational people, and they choose to do so. My position aligns with the neoclassical theory of criminology which argues that “people will make a rational choice to commit crime.” For example, thieves often break into homes after determining that their action has a low risk, high reward and low likelihood of severe punishment.”

• Review Chapter 1 of your course text, Profiling Violent Crimes: An Investigative Tool. Pay attention to how criminal profilers use deductive and inductive logic to construct profiles of serial and mass murderers. Also reflect on the goals of criminal profilers and how they aid enforcement in apprehending serial and mass murderers. In addition, consider whether criminal profiling is more of an art or a science.
• Review Chapter 2 of your course text, Profiling Violent Crimes: An Investigative Tool. Pay special attention to the section entitled “Profiling in Fact.” Consider how criminal profiling was used in each of these cases.
• Read Winerman, L. (2004). “Does profiling really work?” Think about how profiling may help a hinder a criminal investigation.
• Think about how the criminal profiles of serial and mass murderers have changed throughout recent history. In doing so, consider how historical profiling practices have influenced current practices.
• Think about the roles, goals, and responsibilities of contemporary criminal profilers in criminal investigations.
• Consider how profilers, through their roles, goals, and responsibilities, might aid in and impede the detection and apprehension of serial and mass murderers.

This is the question. please use the in text citations 

• Explain how historical profiling practices have influenced current profiling practices. Be specific.
• Briefly describe the roles and responsibilities of profilers in criminal investigations.
• Explain how profilers, through their roles, goals, and responsibilities, might aid in and impede the detection and apprehension of serial and mass murderers. Be specific and use examples to illustrate your explanation.

When using ideas that are not your own, include a citation (for readings, author name, year of publication, and page number are sufficient; for lecture slides, week number and lecture number are sufficient). When using words that are not your own, enclose the words with quotation marks, in addition to the citation. Do NOT use any additional materials besides the required readings and the lecture slides.

Discussion Question

When making ethical decisions on behalf of your employer, should you consider the impact on others outside your employer? If so, who and why?

Post 1

Yes, it is important to consider the impact of the decision on others outside your employer when you are making ethical decisions on behalf of the employer.Ehics are moral principles that guide a person’s behavior. These morals are shaped by social norms, cultural practices, and religious influences. Ethical decision making is the process of assessing the moral implications of a course of action. All decisions have an ethical or moral dimension for a simple reason—they have an effect on others. Managers and leaders need to be aware of their own ethical and moral beliefs so they can draw on them when they face difficult decisions.Most ethical decisions exist in a gray area where there is no clear-cut or obvious decision that can be determined solely through quantitative analysis or consideration of objective data or information. Ethical decision making requires judgment and interpretation, the application of a set of values to a set of perceptions and estimates of the consequences of an action. Sometimes ethical decisions involve choosing not between good and bad, but between good and better or between bad and worse.

Post 2

yes,when making ethical decisions on dhalf of an employ, you should consider the impact on others outside the employer. And the illusion of employees for the contiuation of profit and prosperity, they must work with work ethics, such as jstice among  all employees,and no ond has the righ not to benefit unfairly and from the ethics of efficiency to qualify employees to perform duties to the fullest.