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LSTD400 Criminal Legal Process help
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bsk924118
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Seeking a more comfortable homework help environment? Homework Clinic
Does anyone have LSTD400 Criminal Legal Process writing assignment 2?  I have multiple classes to trade.  I appreciate any help given.

CRMJ205
CRMJ402
CMRJ330
CMRJ331
CMRJ333
CMRJ334

Thanks!
Post Merge: Dec  7, 2012

Here are the questions from writing assignment 2 LSTD400, I need a little help....

1. Identify and define the mental processes that account for mistakes in identifying strangers. Also identify the circumstances that affect the accuracy of perceptions in identifying strangers.

2. Why are photo identifications the most unreliable eyewitness identification procedure?


3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

4. List and explain five exceptions to the exclusionary rule.

5. Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

9. Can you sue a judge for damage? A prosecutor? Explain.

Post Merge: Dec  7, 2012

I'm sorry, I have CMRJ332, not 334.  I'm currently taking 334.

Last Edit: Dec 7, 2012 by bsk924118 LoggedReport this PostReport Abuse

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LSTD400 Criminal Legal Process help
Dec 7, 2012

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Dec 7, 2012

Thanks!  It does help but I'm still a little stuck on a few of the questions.



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LSTD400 Criminal Legal Process help
Dec 9, 2012

Thanks...these are the same questions I am in need of.



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LSTD400 Criminal Legal Process help
Dec 9, 2012

Thanks!  It does help but I'm still a little stuck on a few of the questions.

Which ones exactly?



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Dec 9, 2012

Questions 6-9 from above.



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LSTD400 Criminal Legal Process help
Dec 15, 2012

I need help with these:


1. Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.

2. Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes.

3. Does unprovoked flight + high-crime area = reasonable suspicion? Explain.

4. Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

5. Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

6. Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.



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LSTD400 Criminal Legal Process help
Dec 15, 2012

4. Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?

1. The police officer says to the suspect , "You're under arrest."

2. The suspect is put into a squad car.

3. The suspect is taken to police station.

4. The suspect is photographed, booked, and fingerprinted.

5. The suspect is searched.

6. The suspect is locked up either at the police station or in a jail cell.

7. The suspect is interrogated.

8. The suspect may be put into a lineup.



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LSTD400 Criminal Legal Process help
Dec 15, 2012

5. Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?

Reasonable suspicion is a legal standard in United States law, that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences.Reasonab le suspicion is evaluated using the "reasonable person" or "reasonable officer" standard. A person in the same circumstances could reasonably believe a person has been, is, or is about to be, engaged in criminal activity. The suspicion cannot be a mere hunch. Based solely on reasonable suspicion of a threat to safety, police may frisk a suspect for weapons, but not for drugs.
However, probably cause are apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution. It is a level of reasonable belief, based on facts that can be articulated, that is required to sue a person in civil court or to arrest and prosecute a person in criminal court.the civil plaintiff or police and prosecutor must possess enough facts that would lead a reasonable person to believe that the claim or charge is true.The probable cause standard is more important in criminal law because it is used as a basis for searching and arresting persons. The lack of probable cause to support a claim means that the plaintiff does not have sufficient evidence to support the claim, and the court will likely dismiss it. In the criminal arena probable cause is important in two respects: police must possess probable cause before they may search a person or a person's property, and they must possess it before they may arrest a person. In most criminal cases the court must find that probable cause exists to believe that the defendant committed the crime before the defendant may be prosecuted.



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Psychman
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LSTD400 Criminal Legal Process help
Dec 15, 2012

If you need like notes on anything else, let me know...



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Jan 3, 2013

1. Identify and define the mental processes that account for mistakes in identifying strangers. Also identify the circumstances that affect the accuracy of perceptions in identifying strangers.

2. Why are photo identifications the most unreliable eyewitness identification procedure?

3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

4. List and explain five exceptions to the exclusionary rule.

5. Identify the difference between the subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes.

6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

9. Can you sue a judge for damage? A prosecutor? Explain.



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Jan 4, 2013

9. Can you sue a judge for damage? A prosecutor? Explain.

No for judges and yes for prosecutors. Judges fall under what the courts call ABSOLUTE IMMUNITY meaning they cant be sued. They can be impeached or voted out of office if the people have found them to be in bad faith. As for the prosecutors, functional immunity is what protects most prosecutors. It all comes down to the function that the prosecutor had in the case.



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Jan 4, 2013

Thank you! Can you help with any more?



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Mar 10, 2013

LSTD 400 Written Assignment - Week 2

1. Why can plain-view searches be called nonsearches? Identify and describe the situations when the three conditions of the plain-view doctrine apply.
There are two types of plain view searches.  The first is the search-related plain view in which an officer is conducting a legal search on a warrant and discovers item(s) related or non-related to the offence on the property.  The second is the nonsearch-related plain view.  This includes anything and officer discovers/sees/witnesses (using their sense of sight, smell, sound, or touch) while not currently engaged in a Fourth Amendment intrusion, that any other pedestrian could see who is on public property.  They are considered nonsearches because the officer ideally is not searching for anything, but came across it by chance.
According to our text, the two conditions that apply to the plain view doctrine are:
1.   Officers are where they have a legal right to be—namely, any place where you or I could lawfully be.
2.   Officers haven’t beefed up their ordinary senses with advanced technology that’s not readily available to you or me (Samaha 2012, p. 68).

2. Identify and give an example of each of the two elements that determines whether property is abandoned for Fourth Amendment purposes.
According to the Supreme Court, abandon property is not considered protected under the Fourth Amendment.  In the consideration of abandoned property, there is a physical and mental element to be considered.  A person     may have given up their possession of something, or intended on giving up the expectation of privacy (Samaha 2012, p. 72).
When I have thrown out my trash onto the curb, I have abandoned my possession of those materials, but when I park my car in that same spot during the week I am only giving up the possession temporarily until I need to use it again for transportation.  The Supreme Court has devised a test called the totality-of-circumstances test to decide whether something has truly been abandoned for Fourth Amendment purposes.  As described in our text, The Court looks at all the facts in each case to determine the intent to abandon, the actions indicating abandonment, and therefore the termination of a reasonable expectation of privacy in the items seized by the government (Samaha 2012, p. 72).

3. Does unprovoked flight + high-crime area = reasonable suspicion? Explain.
I do not believe an unprovoked flight equal reasonable suspicion; however, when the flight coincides with a high-crime area it raises a greater amount of suspicion.  As mentioned in our text, officers are more successful in arguing their highly ambiguous conduct while in a high-crime area due to the dangers involved.  Someone who flees the area unprovoked amounts to reasonable suspicion because the odds are high that they are connected to criminal activities whether it be the actual crime, or as an informant to the criminals.  The areas of high-crime are high risk for law enforcement officers and greater caution must be practiced.
In the case of Illinois v. Wardlow, the last vehicle of a four-vehicle caravan going into a high-narcotics area observed Wardlow fleeing the area when they arrived.  The last vehicle quickly pursued Wardlow and arrested him finding he was in possession of a loaded .38 revolver.  Although he was not in the targeted area of the suspected crime, his unprovoked fleeing raised suspicion with the officers.  In the concluding statements of the Illinois court, they announced the “brightline rule” authorizing the temporary detention of anyone who flees at the mere sight of a police officer.

4. Identify the characteristics of a full custodial arrest and contrast it with a stop. Why do we call arrests a zone and not a point?
A full custodial arrest consists of a police officer informing a suspect that they are under arrest, places them into a squad car, takes them to the police station and is photographed, booked, and fingerprinted, searched, locked up either at the police station or in a jail cell, interrogated and may be put into a lineup.
A stop is usually only minutes in length.  They happen on streets and other public places with other people present.  Also, most stops do not get written up, where as an arrest is documented.  Stops rarely consist of even a frisk if any contact is made.  Finally, a stop does not involve a loss of liberty.  An arrest will cause embarrassment, loss of job/pay, and other issues to the accused.
Arrests are zones and not points because the act of an arrest consists of a much greater focus of resources.  And arrest may result in imprisonment, where a stop is merely a question or two.  Stops are more to one focus or point, where an arrest may be all encompassing (Zone).

5. Compare the definition of reasonable suspicion with probable cause. What two interests does probable cause balance?
Probable cause is the U.S. standard for arrests and warrants.  According to our text it requires that an officer, in the light of her training and experience, knows enough facts and circumstances to reasonably believe that:
1. A crime has been, is being, or is about to be committed, and
2. The person arrested has committed, is committing, or is about to commit the crime (Samaha 2012, p. 142).
Reasonable suspicion is less than probable cause and is known as the legal standard for proof.  Police may briefly detain a person if they have reasonable suspicion that the person has been, is, or is about to be engaged in criminal activity; such a detention is known as a Terry stop (a brief detention of a person by police).

6. Identify and provide details about the three elements of arrest warrants that satisfy the requirements of the Fourth Amendment warrant clause.
Officers must receive a warrant to make an arrest in someones home or other private dwellings.  The three elements of an arrest warrant required by the Fourth Amendment as described in our text are:
1.   A neutral magistrate. A disinterested judge has to decide whether there is probable cause before officers arrest suspects.
2.   An affidavit (sworn statement). This is made by someone (nearly always a law enforcement officer) who swears under oath to the facts and circumstances amounting to probable cause.
3.   The name of the person to be arrested. The warrant has to identify specifically the person(s) the officers are going to arrest. (Samaha 2012, p. 149).

Reference
Samaha, J. (2012). Criminal Procedure. (8th ed.). Wadsworth Cengage Learning.



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