Learning Resources

Required Readings

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications. Chapter 2, “Constitutional Limitations” (pp. 13–39)Contemporary Criminal Law Concepts, Cases, and Controversies, 5th Edition by Lippman, M. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

Farrell, A., DeLateur, M. J., Owens, C., & Fahy, S. (2016). The prosecution of state-level human trafficking cases in the United States. Anti-Trafficking Review, (6), 48–70.

For this article, skip the “Methods and Measurement” section (pp. 54–58) and page 59. Focus on the power of the prosecutor on pages 51–53 and the interview quotes on pages 60–63 for insight into prosecutorial decision-making.

Department of Justice of the Hong Kong Special Administrative Region. (2015, Nov. 4). Prosecution code. Retrieved from https://www.doj.gov.hk/eng/public/pubsoppapcon.htm… 

Document: Criminal Justice Case Studies: Criminal Law, Week 4 (PDF)

Required Media

Serial Productions (Producer). (2018). Serial: Pleas baby pleas. Retrieved from https://serialpodcast.org/season-three/5/pleas-bab…
Note: This podcast contains a complete episode transcript at the “Transcript” link.

Discussion: Power in the Criminal Justice System

The branches of the criminal justice system work together to maintain a civil society. Enforcing laws, charging and trying offenders, and dictating punishment must coexist to safeguard the public. Without any one of them, the system would crumble.

But if you were to look at each branch of the criminal justice system individually, which one would hold the greatest power? For this Discussion, you share your perspective on power in the criminal justice system.

By Day 3 of Week 4

Post a response to the following:

• Who has the most power in the criminal justice system—police, prosecutor, or magistrate?
• Using the resources found under the Learning Resources for this week, provide two examples to support your response.
• Should the power held by the role you identified be shifted to another role? Explain why or why not.

Learning Resources

Required Readings

Lippman, M. (2018). Contemporary criminal law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA: Sage Publications.

• Chapter 8, “Justifications” (pp. 196–199)

Contemporary Criminal Law Concepts, Cases, and Controversies, 5th Edition by Lippman, M. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

LII / Legal Information Institute (17 Sept. 2009.). Probable cause. Retrieved from https://www.law.cornell.edu/wex/probable_cause

Reid, S. T. (2016). Criminal law: The essentials (3rd ed.). New York, NY: Oxford University Press.

• Chapter 2, “Elements of a Crime” (pp. 35–36, the “Causation” section)

Criminal Law: The Essentials, 3rd Edition by Reid, S. T. Copyright 2016 by Oxford University Press. Reprinted by permission of Oxford University Press via the Copyright Clearance Center.

Illinois Legal Aid Online. (n.d.). Difference between dismissed with or without prejudice. Retrieved November 4, 2018, from https://www.illinoislegalaid.org/legal-information…

Vera, A. (2018, July 25). Florida man could avoid charges in fatal shooting because of ‘stand your ground’ law. CNN. Retrieved from https://www.cnn.com/2018/07/23/us/florida-stand-yo…

NOLO. (n.d.). Arrests that don’t result in criminal charges. Retrieved November 4, 2018, from https://www.nolo.com/legal-encyclopedia/arrests-th…

Scott Baio will not face Nicole Eggert’s sexual assault charges, prosecutors say. (2018, June 19). USA Today. Retrieved from https://www.usatoday.com/story/life/people/2018/06…

Britt, S. (2018, April 19). Judge rejects Missouri governor’s bid to dismiss criminal case. Reuters. Retrieved from https://www.reuters.com/article/us-missouri-govern…

To prepare:

• In this Discussion, your Instructor may post a contemporary news story or other current example about a crime that has occurred, or you may find of your own story.
• In the story, identify the action that may or may not be defensible.
• Use information from the story to respond to the prompt.

By Day 3 of Week 2

Post a response to the following based on information in the story:

• How do you determine whether actions are considered criminal when defensible?
• If there is probable cause that a crime has been committed, what is the obligation (duty) of the police?
• Who decides if the defense presented is usable—the police, the prosecutor, or the judge?
• Support your responses with information from the story and evidence from the Learning Resources.

By Day 5 of Week 2

Respond to two colleagues:

• Choose a response that is different from your own.
• Explain how your colleague’s position has changed your perception or understanding.

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

Learning Resources

Required Readings

Peak, K. J., & Madensen, T. D. (2018). Introduction to criminal justice: Practice and process (3rd ed.). Thousand Oaks, CA: Sage.
Introduction to Criminal Justice: Practice and Process, 3rd Edition by Peak, K.; Madensen, T. Copyright 2018 by Sage Publications, Inc. Reprinted by permission of Sage Publications, Inc. via the Copyright Clearance Center.

• Chapter 9, “Court Organization: Structure, Function, and the Trial Process” (pp. 227–236)

The United States Department of Justice. (n.d.). A FBI organizational structure and investigative jurisdiction. In Justice manual: Organization and functions manual. Retrieved November 15, 2018, from https://www.justice.gov/jm/organization-and-functi…

Federal Judicial Center. (n.d.). Jurisdiction: Criminal. Retrieved November 15, 2018, from https://www.fjc.gov/history/courts/jurisdiction-cr…

National Conference of State Legislatures. (2018, Nov. 18). State medical marijuana laws. Retrieved from http://www.ncsl.org/research/health/state-medical-…

Internal Revenue Service. (n.d.). Financial investigations—Criminal investigation (CI). Retrieved November 15, 2018, from https://www.irs.gov/compliance/criminal-investigat…

Farrell, A., DeLateur, M. J., Owens, C., & Fahy, S. (2016). The prosecution of state-level human trafficking cases in the United States. Anti-Trafficking Review, (6), 48–70.

Review this article from Week 4. Again, for this article, skip the “Methods and Measurement” section (pp. 54–58) and page 59. Focus on the factors that contribute to jurisdiction and prosecution decisions, as well as the role of the victim in prosecution choices.

Farrell, A., Owens, C., & Mcdevitt, J. (2014). New laws but few cases: Understanding the challenges to the investigation and prosecution of human trafficking cases. Crime, Law and Social Change, 61(2), 139–168. doi:http://dx.doi.org.ezp.waldenulibrary.org/10.1007/s10611-013-9442-1

In this article, skip the “Methods, sampling, and data” section. Focus on the interview responses on pages 151–161, noting the following issues that are discussed: jurisdiction, victim credibility, law enforcement prioritization, resource allocation, and judicial challenges.

Dial, N. B. (2013). At the territorial limit: Is the United States’ extraterritorial response to smuggling submersibles on the high seas legitimate? Transnational Law & Contemporary Problems, 22(3), 693–716, 593–594.

Multi-jurisdiction heroin investigation results in 19 arrests drug trafficking operation from NY to MD shut down. (2018, Mar 15). US Fed News Service, Including US State News.

Brenner, S. W. (2006). Cybercrime jurisdiction. Crime, Law and Social Change, 46(4–5), 189–206. doi:http://dx.doi.org.ezp.waldenulibrary.org/10.1007/s10611-007-9063-7

This article’s consideration of cybercrime highlights the various aspects of jurisdiction in relation to a type of crime where jurisdiction is not obvious.

Document: Criminal Justice Case Studies: Criminal Law, Week 5 (PDF)

By Day 3 of Week 5
Post a response to the following:
To what degree should ethical considerations, such as what is best for the victim, the community, or even the offender, factor into jurisdictional decisions?
What strategies can the law enforcement community use to better protect citizens and be more responsive to victims?
By Day 5 of Week 5
Respond to two colleagues:
Choose a response that is different from your own.

Explain how your colleague’s position has changed your perception or understanding.