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PRESENTATION OF SCIENTIFIC EVIDENCE Class Syllabus http://home.earthlink.net/~lawyercurry/ccj-syllabus-experts.html The class textbook is "Law for the Expert Witness" Third Edition by Daniel A. Bronstein (with a blue cover, not green) The book required for the class is to the right --> CIVIL RIGHTS & LIABILITY IN CRIMINAL JUSTICE Class Syllabus http://home.earthlink.net/~lawyercurry/ccj-syllabus-civil-liability.html The class textbook is "Civil Liability in Criminal Justice" Fourth Edition by Darrell L. Ross The book required for the class is to the right --> TORT LAW FOR LEGAL ASSISTANTS Class Syllabus http://home.earthlink.net/~lawyercurry/tort-law-legal-assistants-syllabus-spring2008.html The book is "Tort law for Legal Assistants" Third Edition, by Linda L. Edwards & J. Stanley Edwards The book required for the class is to the right --> CRIMINAL EVIDENCE AND PROCEDURE, PRINCIPLES & CASES http://home.earthlink.net/~lawyercurry/ccj-syllabus-criminal-evidence&procedure.html click here for exercise, test, & quiz questions for Criminal Evidence & Procedure (or see below) click here for powerpoint presentations for each chapter in Criminal Evidence & Procedure (or see below) The book required for the class is to the right --> INTRODUCTION TO CRIMINAL JUSTICE Syllabus http://home.earthlink.net/~lawyercurry/ccj-syllabus-intro-criminal-justice.html click here for exercise, test, & quiz questions for Introduction to Criminal Justice Class (or see below) click here for powerpoint presentations for each chapter in Introduction to Criminal Justice Class (or see below) The book required for the class is to the right --> RESOURCES: Tampa Tribune Newspaper http://www.tbo.com/news/metro/moremetro.shtml Criminal Justice Issues in the movies http://www.npr.org/templates/topics/topic.php?topicId=1045 St. Pete Times http://hosted.ap.org/dynamic/fronts/LATESTHEADLINES?SITE=FLPET&SECTION=HOME BOP Bureau of Prisons Watch Group http://groups.yahoo.com/group/BOPWatch/ The Cato Institute is at http://www.cato.org/realaudio/audiopages.html The Institute for Justice is at http://www.ij.org/economic_liberty/index.html and 1st Am issues http://www.ij.org/first_amendment/index.html Court TV is at http://www.courttv.com/ Crime Library http://www.crimelibrary.com/ C-Span has a Supreme Court section http://www.c-span.org/ Cafe Press http://www.cafepress.com/ The SCOTUS (United States Supreme Court) homepage is at http://www.supremecourtus.gov/ The SCOTUS (United States Supreme Court) cases in audio are at http://www.oyez.org/oyez/frontpage The 11th Cir. (United States' Eleventh Circuit Court of Appeals) homepage is at http://www.ca11.uscourts.gov/ The SCOFLA (Supreme Court of Florida) also has oral arguments that can be viewed and heard at http://www.wfsu.org/gavel2gavel/ The 2DCA (Second District Court of Appeal) homepage is at http://www.2dca.org/ LAW ENFORCEMENT LINKS Officer involved shootings guidelines http://www.theiacp.org/div_sec_com/sections/OfficerInvolvedShooting.pdf Section 1983 Update [Civil Liability], Elliot Spector, Hartford, CT http://www.aele.org/spector2006.pdf Supreme Court Cases of Interest to Law Enforcement by Beverly A. Ginn, Edwards & Ginn, Tucson, AZ http://www.aele.org/ginn2006.pdf Are We Breeding a Police Culture of Additional Victims, 32:1 POLICE MARKSMAN 16 (2007) http://www.policeone.com/writers/columnists/CharlesRemsberg/articles/1186521/ "Reminders that Could Save Your Bacon After a Shooting" http://glocktalk.com/sitemap/topic/615134-1.html The above two articles re Chuck Remsberg and Chief Jeff Chudwinon the basics of handling the before and aftermath of a self-defense shooting. Good advice for civilian clients too (esp. the ones who own legally own firearms and have the foresight to find a competent defense attorney in case they ever need to use them.) The discussion of handling an officer in an officer-involved shooting case vs. handling a citizen suspected of a homicide is interesting reading and possibly could be used for cross-examination in a self-defense case. |
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| THE COLUMN FOR CRIMINAL JUSTICE CLASSES
IS ON THE LEFT |
MORE CRIMINAL JUSTICE INFORMATION IS
IN THE COLUMN ON THE RIGHT |
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| Reading Homework: http://members.ij.net/rex/book-schedule.html During each class, post your name & "present" to the web site. http://groups.msn.com/hcc3 |
DICTIONARY http://dictionary.reference.com THESAURUS http://thesaurus.reference.com/ ENCYCLOPEDIA http://www.encyclopedia.com/ |
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| CHAPTER 17 & REVIEW |
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| CHAPTER 16 Please place all homework in a stack near the instructor at the beginning of class. review the final exam test questions listed for this week's chapters and please write down any that appear to be errors and bring them to the attention of the instructor during class. In the previous week, presentations were done by some students including: Adria Sandra Cassia Thanks to all. These students will present oral presentations regarding chapter topics this week: 0480HCSO 0583izabel 0465cutie (Michelle) LeatherNeck0504 |
"We do not want a police state, and it seems we
are on the precipice of becoming one in the name of DUI." - Martin
v. Commonwealth (from the DUI BLOG "Bad Drunk Driving Laws, False Evidence
and a Fading Constitution"). "It is the responsibility of the patriot to protect his country from its government." - Thomas Paine |
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| CHAPTER 15 Please place all homework in a stack near the instructor at the beginning of class. review the final exam test questions listed below under April 3rd for chapters 9-17 and write down any that appear to be errors in order to discuss them during this class on April 17th. In the previous week, presentations were done by some students including: Michelle Hosey Celia Vasquez Adria Byron rajko85@msn.com Thanks to all. These students will present oral presentations regarding chapter topics 04-17: 0480HCSO 0583izabel 0465cutie LeatherNeck0504 0493jerzygirl7 (adria might do another) For future weeks the following students are scheduled: 04/24 will be fsutony3@tampabay.rr.com & janjan86 & 7266doni 0570monique ac0588@hotmail.com 05/01 FINAL EXAM ? 05/08 last day |
Compare the Civil Liability outcomes between Ruby
Ridge, Montana (Randall Weaver) and Waco, Texas (Branch Davidians).
In the summer of 2000, the FBI prevailed in a civil lawsuit brought
by survivors and families of the Branch Davidian group. BATF agents
tried to arrest David Koresh in February 1993 and were resisted, with
six agents killed and several injured. A 50 day siege ended when the main
housing structure burned as FBI agents attempted to enter. Four million dollars in damages was paid for the deadly force incident in 1995 at Ruby Ridge. It left one U.S. Marshal and the wife and two children of Randal Weaver dead. An FBI sniper shot and killed Vicki Weaver and her infant child, and a U.S. Marshal shot and killed the Weavers' 14-year-old son. Federal agents were attempting to arrest Weaver on suspected charges of possessing and selling illegal firearms. |
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| CHAPTER 14 THERE WILL BE CLASS ON APRIL 17th There will be no class on April 10, however there are assignments to complete. Please review the final exam test questions listed below under April 3rd for chapters 9-17 and write down any that appear to be errors in order to discuss them during the class that will meet on April 17th. Read and review the book Chapter 14 and the power point presentation below. Finish any oral presentation assignments. |
The etymology of the words court,
courting, courtship. The words are related. Believe
it or don't. "Court" as a place where legal justice is administered,
is related to "court" and "courtship" as in the behavior of
animals before and during mating, often including elaborate displays.
A cynical comedian quipped, "The word 'court' means that someone
is going to get screwed." Court derives from (and sounds like) the
Latin term "cohort," which is related to "farmyard," and "horticulture"
and "hortatory" and might be related to the word "oratory" or
"orator." Cohort means companion, aid, advocate, or accomplice.
In one sense, cohort means a person who speaks with you or
for you as a court might or a lawyer in court (co-hort, co-hortatory,
co-orator). Cohort also meant one of the ten divisions of
a Roman legion. The Roman armed force is related to "farmyard" or
"garden" as a place where the soldiers would assemble or train.
It is interesting to compare the concept to a college campus,
camp, campaign, champagne, champion, champignon, Champs Elysées
(Elysian fields), all related to "field," and similar to "farmyard." |
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| CHAPTER 13 Please place all homework in a stack near the instructor at the beginning of class. Last week, oral presentations were presented by some students including: 5371shiznit dn-joyce-busco Thanks to all. These students will present oral presentations regarding chapter topics 04-03: 0480HCSO 2453byron 0583izabel 0465cutie LeatherNeck0504 0493jerzygirl7 (adria) rajko85@msn.com For future weeks the following students are scheduled: 04/10 04/17 Easter & Passover There is class on April 17 04/24 will be fsutony3@tampabay.rr.com & janjan86 & 7266doni 0570monique ac0588@hotmail.com 05/01 FINAL EXAM ? 05/08 last day This class will include comments in preparation for the final exam that is scheduled to occur May 1st. Many test questions will come from the following quizzes that include the answers. 09 MO Mar 06 09 MID TERM EXAM ? 10 MO Mar 13 10 TAANIT ESTER (& mid term break) 11 MO Mar 20 11 12 MO Mar 27 12 *****************************************APRIL 13 MO Apr 03 13 14 MO Apr 10 14 15 MO Apr 17 15 TAX-THEFT DAY, EASTER & PASSOVER 16 MO Apr 24 16 *****************************************MAY 17 MO May 01 17 FINAL EXAM 18 MO May 08 17 Power Point presentation for all chapters until the final exam - CH 17 The Juvenile Justice System p. 547 http://members.ij.net/rex/Ch17.ppt CH 16 Prison Life: Living in and Leaving Prison p. 501 http://members.ij.net/rex/Ch16.ppt CH 15 Corrections: History, Institutions, and Populations p. 469 http://members.ij.net/rex/Ch15.ppt CH 14 Community Sentences: Probation, Intermediate Sanctions and Restorative Justice p. 431 http://members.ij.net/rex/Ch14.ppt CH 13 Punishment and Sentencing p. 389 http://members.ij.net/rex/Ch13.ppt CH 12 The Criminal Trial http://members.ij.net/rex/Ch12.ppt CH 11 Pretrial Procedures http://members.ij.net/rex/Ch11.ppt CH 10 The Prosecution and the Defense http://members.ij.net/rex/Ch10.ppt CH 9 Courts and the Judiciary http://members.ij.net/rex/Ch09.ppt |
Judge Janice Rogers Brown was confimed to the court of appeals for the District of Columbia Circuit. Judge Brown threatens all that authoritarians hold dear. She has a winning smile and strong libertarian leanings. She also speaks her mind: In her dissent, Brown contended that “private property, already an endangered species in California, is now entirely extinct in San Francisco.” Brown added, “Theft is theft even when the government approves of the thievery. Turning a democracy into a kleptocracy does not enhance the stature of the thieves; it only diminishes the legitimacy of the government.” Senate Minority Whip Dick Durbin, a member of the Senate Judiciary Committee, condemned Brown for saying in a 2000 speech that Franklin Roosevelt’s New Deal was “the triumph of our own socialist revolution.” |
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| CHAPTER 12 CH 12 The Criminal Trial CH 11 Pretrial Procedures CH 10 The Prosecution and the Defense Please place all homework in a stack near the instructor at the beginning of class. Last week, oral presentations were presented by some students including: cbronxqueen 0519blindside liotti77 and Sandy is always happy to volunteer ! Thanks to all. These students will present oral presentations regarding chapter topics: 0480HCSO 5371shiznit 2453byron dn-joyce-busco 0583izabel 0465cutie LeatherNeck0504 For future weeks the following students are scheduled: 04/03 will be 0493jerzygirl7 and rajko85@msn.com 04/10 will be 0570monique and ac0588@hotmail.com 04/17 Easter & Passover 04/24 will be fsutony3@tampabay.rr.com & janjan86 & 7266doni 05/01 FINAL EXAM ? 05/08 last day Power Point presentation for this chapter and the last chapter CH 12 The Criminal Trial http://members.ij.net/rex/Ch12.ppt CH 11 Pretrial Procedures http://members.ij.net/rex/Ch11.ppt CH 10 The Prosecution and the Defense http://members.ij.net/rex/Ch10.ppt |
Government violence for the non-violent vice of gambling? Dr. Salvatore Culosi Jr had come out of his townhouse to meet an undercover policeman when he was shot through the chest by a Special Weapons and Tactics force. The optometrist was unarmed, he had no history of violence and displayed no threatening behaviour. http://news.bbc.co.uk/2/hi/americas/4803570.stm London police faked vital evidence to cover up their fatal role in the shooting of an innocent Brazilian, mistaken for a suicide bomber. The blame would have been pinned on senior police commanders leaving them open to murder charges 1-29-2006 • Agence France PresseDrug warriors returning from Iraq bring Abu Grabe to you 2-2-2006 • WDIV TV4 A Macomb County couple claims police stormed their home, handcuffed them and put pillowcases over their heads, a practice called "hooding." Law enforcement said undercover cops on raids may protect their identities by hooding suspects. BAGHDAD, Iraq - A videotape taken by an Iraqi shows the aftermath of an alleged attack by U.S. troops on civilians in their homes in a western town last November: a blood-smeared bedroom floor and bits of what appear to be human flesh and bullet holes on the walls. http://news.yahoo.com/s/ap/iraq_fatal_raid The Supreme Court is debating whether government employees have free-speech rights that protect them while they are carrying out their duties. The case involves Richard Ceballos, a Los Angeles prosecutor who was demoted after he urged his supervisors to drop a criminal case because he believed a sheriff's deputy had lied in a search warrant affidavit. A ruling against Ceballos could affect the nation's 20 million public employees by removing their ability to use the First Amendment as protection against supervisors' retaliation for bringing government misconduct or other issues to light. http://news.yahoo.com/s/ap/scotus_free_speech |
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| CHAPTER 11 CH 11 Pretrial Procedures CH 10 The Prosecution and the Defense The mid-term exam will be returned graded and will be discussed. Please place all homework in a stack near the instructor at the beginning of class. A splendid presentation was given by 0424Dee at the last class. These students will present oral presentations regarding chapter topics: 0480HCSO 0583izabel 0519blindside dn-joyce-busco liotti77 5371shiznit 2453byron cbronxqueen For future weeks the following students are scheduled: 03/27 will be 0465cutie and LeatherNeck0504 04/03 will be 0493jerzygirl7 and rajko85@msn.com 04/10 will be 0570monique and ac0588@hotmail.com 04/17 Easter & Passover 04/24 will be fsutony3@tampabay.rr.com & janjan86 & 7266doni 05/01 FINAL EXAM ? 05/08 last day Power Point presentation for this chapter and the last chapter CH 11 Pretrial Procedures http://members.ij.net/rex/Ch11.ppt CH 10 The Prosecution and the Defense http://members.ij.net/rex/Ch10.ppt Civil liability for the government's torture and its secret stash of child pornography? District Court ordered the Release of Visual Evidence of Abuse in Afghanistan and Iraq (6/9/06 and 6/21/06) (The rest of the Abu Ghraib photos). American Civil Liberties Union et. al., v. Department of Defense et. al., Case # 04 Civ 4151 (AKH) (SDNY 06/09/06) http://www.aclu.org/torturefoia/legaldocuments/DistrictCourtOrder060906.pdf U.S. District Judge Alvin K. Hellerstein ordered the release of certain pictures, saying terrorists in Iraq and Afghanistan have proven they "do not need pretexts for their barbarism." Matt Welch in the April 2005 edition of the libertarian magazine Reason said "NBC News reported that they show 'American soldiers beating one prisoner almost to death, apparently raping a female prisoner, acting inappropriately with a dead body, and taping Iraqi guards raping young boys.'" In rejecting the government's opposition, he stated that his job was "not to defer to our worst fears, but to interpret and apply the law, in this case, the Freedom of Information Act, which advances values important to our society, transparency and accountability in government." The ruling was expected to be appealed, which could delay a release for months. |
An enormous amount of criminal justice
work and court time is occupied with modern prohibition.
Modern prohibition grew from old prohibiton and shares all
similarities. Francis Bellamy (1855 - 1931) author of the Pledge
of Allegiance (and the source of the straight-arm salute), was
a Prohibition Party speaker. Francis and his also-famous cousin,
Edward Bellamy (1850 - 1898), were self-proclaimed socialists
in the Nationalism movement in the USA. Prohibition was
supported in Edward Bellamy's magazine "The Nationalist." The
Prohibition Party's most infamous deed was in 1919, with the passage
of the 18th Amendment, which outlawed alcohol. National prohibition
was repealed by the 21st Amendment in 1933. Modern prohibiton continues
as does the loss of individual rights. Read more at http://members.ij.net/rex/drugs-prohibition-party-today.html From Reuters: A San Diego arena was evacuated for about two hours, delaying a first-round game in the hugely popular national college basketball championship, after a hot dog cart attracted the attention of a bomb-sniffing dog. Thousands of fans arriving for a game between Marquette University and the University of Alabama were kept outside. Authorities cordoned off part of the building. It was meat and not explosive heat attracting the dog's attention. NEW CASE ON DRUG DOGS in Florida: Drug dog alert cannot be used to get warrant for a home? More leashes for drug dogs. The police may not use a drug dog alert outside the defendant's home to obtain probable cause for a warrant to search the home, the Fourth DCA ruled February 15, 2006. State v. Rabb, ___ So. 2d ___, 31 F.L.W. D510 (4th DCA 2/15/2006). The case can be viewed at http://www.4dca.org/Feb2006/02-15-06/4D02-5139.op.pdf or under the "opinions" section at http://www.4dca.org and then looking under the 2/15/06 opinion date, or try an internet search for the case name. A cynic said: When the government should chase robbers, the government chases Rabb (for pot)? The government robbed Rabb of his pot? Also read more on Rabb and other drug dog cases and search cases at http://members.ij.net/rex/drugdogcases.html "Oye como va mi ritmo. Bueno pa gozar." lyrics by Carlos Santana. Listen how it goes, my rhythm. Good to enjoy. This week's Oyez web site court case audio highlight is Illinois v. Caballes. "Cabello" means "horse" in Spanish, and "Caballero" means "horseman" or "knight" (a knight being a horseman). In Caballes the government was horsing around with dogs in another pot plant case. At Oyez it is good to enjoy listening to how it goes in Caballes' oral arguments at http://www.oyez.org/oyez/resource/case/1751/ After an elementary school presentation about drug dogs, some of the kids asked me why cats are not used to search for drugs. A new 16 minute film, The Messenger, from director Quincy Perkins, is the story of the 16 year-old messenger who was delayed in bringing a telegram announcing Japan's surrender at the end of the Second World War to President Harry Truman. The messenger was delayed in his delivery because he was stopped by a police officer, who berated the boy for making an illegal U-turn (the boy had also previously stopped for an a pancake breakfast with friends). |
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| CHAPTER 9 There will be a mid-term exam. Bring scantrons and pencils. Many test questions will come from the quizzes listed below (02-27) that include quiz questions previously reviewed. Please place all homework in a stack near the instructor at the beginning of class. The homework from the previous class (02/27) involved the study quide exercises for chapter 9. These students will present oral presentations regarding chapter topics: 0480HCSO 0583izabel 0519blindside 0424Dee dn-joyce-busco liotti77 5371shiznit For future weeks the following students are scheduled: 03/13 mid term break 03/20 will be 2453byron and cbronxqueen 03/27 will be 0465cutie and LeatherNeck0504 04/03 will be 0493jerzygirl7 and rajko85@msn.com 04/10 will be 0570monique and ac0588@hotmail.com 04/17 Easter & Passover 04/24 will be fsutony3@tampabay.rr.com & janjan86 & 7266doni 05/01 FINAL EXAM ? 05/08 last day Ch 9 Courts and the Judiciary http://members.ij.net/rex/Ch09.ppt
The image above came from an image search of the internet, similar to the one at this link for terms such as "criminal justice." http://images.google.com/images?sourceid=mozclient&ie= utf-8&oe=utf-8&q=%22criminal%20justice%22&sa=N&tab=wi For your enjoyment, here are more graphics of flowcharts: http://www.ojp.usdoj.gov/bjs/pub/pdf/cjsflowco.pdf http://www.fsu.edu/~crimdo/images/cj-flowchart.gif http://ag.ca.gov/cjsc/glance/graphics/BJSflowchart.pdf |
LIGHTS..... CAMERA......
GOVERNMENT !!!! This week's chapter is "Courts and the Judiciary." New technology and the internet enables courts and the judiciary to be brought into your home. The Supreme Court of the United States (SCOTUS) has oral arguments that can be heard at http://www.oyez.org/oyez/frontpage Another way that a search of a home might be justified is in extenuating circumstances where police believe that someone's life is in danger. Lawrence & Garner v. Texas involved police responding to a reported weapons disturbance in a private residence. Houston police entered John Lawrence's apartment and saw him and another adult man, Tyron Garner, engaging in a private, consensual sexual act. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. In a 6-3 opinion delivered by Justice Anthony M. Kennedy, the Court held that the Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause. Here are oral arguments http://www.oyez.org/oyez/audio/1542/argument.smil Here are SCOTUS arguments on Miranda v. Arizona http://www.oyez.org/oyez/resource/case/251/audioresources The Supreme Court of Florida also has oral arguments that can be viewed and heard at http://www.wfsu.org/gavel2gavel/ We have previously examined drug detection dogs used to search people and their cars and the following court case in the 2DCA that I litigated, which also demonstrated non-consent issues, and miranda issues (suspect remaining silent). http://members.ij.net/rex/word-drug-dogs.html That case had oral argument before Florida's Supreme Court and you have the rare opportunity to view a video of the justices' questions and the arguments linked at http://www.wfsu.org/gavel2gavel/archives/05-01.html#JAN10 (look for State of Florida v. Gary Alan Matheson at the bottom of that url) and you can view the brief etc. Windows (.wmv) version is available and here is a real video link http://www.wfsu.org/rafiles/archives/04-490.ram The US Supreme Court denied a Petition for Writ of Certiorari filed by the Attorney General of the state of Florida seeking to overturn that decision. The police officer asked to search the defendant's car for no reason, and the defendant refused to give up his right to be free from unreasonable searches and seizures. The police then used a drug dog as a basis to try to override the defendant's refusal to submit. The appellate opinion set high requirements for the continued use of dogs to search people and their cars. The case receives news coverage for the improved analysis of “drug dogs” in the original motion to suppress that set higher standards for the use of dogs in law enforcement. Some courthouses have assembly-line searches similar to those at US airports. How are those permitted under the Constitution? Can those searches be used as a way to avoid jury duty or even as a way to avoid appearing as a witness by someone who has been subpoenaed for trial? X-ray machines can reveal the message "searches suck" when the words are spelled with heavy leaded soldering wire on a sign in a bag as shown in this pic http://members.ij.net/rex/searches-suck.jpg Would that political message be protected by freedom of speech? Alan Korwin, author of Gun Laws of America notes on his website that "22% of federal gun laws now authorize arming staff." He also points out that many bureaucracies have been given "broad powers to keep and bear arms in cases where the public is banned from keeping arms" which include such entities as federal egg inspectors and the Federal Reserve Board police. Does America need Gun Control ... for Bureaucrats? |
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| CHAPTER 8 THIS CLASS WILL BEGIN IN THE FIRE SCIENCE LAB. A note on the front board of the other classroom will alert other students to the change. Please place all homework in a stack near the instructor at the beginning of class. The homework from the previous class (02/13) involved the study quide exercises for chapter 7. These students will present oral presentations regarding chapter topics: 0555Mac1 0480HCSO 0583izabel 0519blindside 0424Dee dn-joyce-busco For future weeks the following students are scheduled: 03/06 will be liotti77 and 5371shiznit (this is also mid-term day) 03/13 mid term break 03/20 will be 2453byron and cbronxqueen 03/27 will be 0465cutie and LeatherNeck0504 04/03 will be 0493jerzygirl7 and rajko85@msn.com 04/10 will be 0570monique and ac0588@hotmail.com 04/17 Easter & Passover 04/24 will be fsutony3@tampabay.rr.com 05/01 FINAL EXAM ? 05/08 last day The instructor will lay the ground work for class by reviewing material from the previous class and indicating objectives for this class. The class is nearly half way through the book and two sections of the book are complete. Section 1 The Nature of Crime, Law, and Criminal Justice Ch 1 Crime and Criminal Justice http://members.ij.net/rex/Ch01.ppt Ch 2 The Nature and Extent of Crime http://members.ij.net/rex/Ch02.ppt Ch 3 Understanding Crime and Victimization http://members.ij.net/rex/Ch03.ppt Ch 4 Criminal Law: Substance and Procedure http://members.ij.net/rex/Ch04.ppt Section 2 The Police and Law Enforcement Ch 5 Police in Society: History and Organization http://members.ij.net/rex/Ch05.ppt Ch 6 The Police: Organization, Role and Function http://members.ij.net/rex/Ch06.ppt Ch 7 Issues in Policing http://members.ij.net/rex/Ch07.ppt Ch 8 Police and the Rule of Law http://members.ij.net/rex/Ch08.ppt Please perform a warrantless search of the relevant powerpoint presentations and confiscate anything that is evidence of a crime or of any criminal justice issue, take notes, and be prepared to testify about it later. This class will include comments in preparation for the mid term exam that is scheduled to occur next week. Many test questions will come from the quizzes on this page that include quiz questions previously reviewed. An in-class writing assignment. Please answer one of the essay questions in Chapter 8 of the study guide. For homework, each student should also email the written essay to the HCC writing center using the instructions in the column on the right from previous dates in which the same instructions were given. Also post the work to the msn group. Please provide any response from the writing center. HOMEWORK: Please review powerpoint for future classes. The Powerpoints are listed below from an earlier class schedule. For next week, for chapter 9, please complete the study guide questions that are only the fill-in-the-blank, true/false, and multiple choice questions (not the essay questions). Either write them in the book and remove the book pages to turn in the assignment, or write them on separate 8 1/2 by 11 inch paper. Also please turn in any responses received from the writing center. The Fantasy of Government protection http://www.antiwar.com/orig/molyneux.php?articleid=8604 CIVIL LIABILITY IN CRIMINAL JUSTICE In the New York Times, on August 2, 2007, Richard Moran wrote: "Last week, Judge Nancy Gertner of the Federal District Court in Boston awarded more than $100 million to four men whom the F.B.I. framed for the 1965 murder of Edward Deegan, a local gangster. It was compensation for the 30 years the men spent behind bars while agents withheld evidence that would have cleared them and put the real killer — a valuable F.B.I. informant, by the name of Vincent Flemmi — in prison. Most coverage of the story described it as a bizarre exception in the history of law enforcement. Unfortunately, this kind of behavior by those whose sworn duty it is to uphold the law is all too common. In state courts, where most death sentences are handed down, it occurs regularly. Moran continues: My recently completed study of the 124 exonerations of death row inmates in America from 1973 to 2007 indicated that 80, or about two-thirds, of their so-called wrongful convictions resulted not from good-faith mistakes or errors but from intentional, willful, malicious prosecutions by criminal justice personnel. (There were four cases in which a determination could not be made one way or another.) Yet too often this behavior is not singled out and identified for what it is. When a prosecutor puts a witness on the stand whom he knows to be lying, or fails to turn over evidence favorable to the defense, or when a police officer manufactures or destroys evidence to further the likelihood of a conviction, then it is deceptive to term these conscious violations of the law — all of which I found in my research — as merely mistakes or errors." |
Chapter 8 subparts are: Police and the Courts Search and Seizure Search Warrant Requirements Obtaining a Warrant Anonymous Tips Warrantless Searches Field Interrogation: Stop and Frisk Searches Incident to a Lawrful Arrest Automobile Searches Consent Searches Plain View Electronic Surveillance Arrest Arrest in Noncriminal Acts Custodial Interrogation The Miranda Warning The Miranda Rule Today The Impact of Miranda Pretrial Idenification The Exclusionary Rule Current Status My case (previously discussed in class) at the following link included search warrants, electronic surveillance arrests, and touched on the topic of pre-trial identification http://members.ij.net/rex/lawdrugsquartpain.html Curtis Johnson v. Florida http://www.hsmv.state.fl.us/CASES/Johnson1199.html This is a case of mine that involved an anonymous tip, field interrogation, and stop and frisk. It might ask if a LEO is sometimes his own anonymous tip source? Here, an officer claimed to receive an anonymous tip and used it as the excuse to stop and search the defendant. The appellate court reversed holding that police need more to verify the caller's identity before the anonymous caller can be considered a citizen-informant to justify the search of someone. The appellate court concluded that the informant's scant information, without further verification, was insufficient to provide reasonable suspicion for the deputy to question Johnson. The court cited the Florida Supreme Court's 1998 decision in J.L. vs. State, which held that innocent detail tips from anonymous informants must be substantiated in some additional manner. In this case, the informant was anonymous because the police did not independently verify his identity after he called, even though he provided his name, address, and telephone number. Additionally, the deputy testified that he did not have any independent reason to believe that Johnson was selling drugs. Because the anonymous informant's assertion that Johnson was selling drugs was not substantiated in any additional manner before the deputy initiated the search, he did not have reasonable suspicion of criminal activity to pat down Johnson. The following case that I litigated involved a warrantless search, an automobile search, consent issues, drug dogs, and miranda issues. The U.S. District Court in Orlando ruled it an improper stop and search of a vehicle and the court suppressed about 20 pounds of marijuana that had been seized by the government. There is a lot of information on search procedures in the opinion. http://members.ij.net/rex/law-drugs-suppress.pdf Kelvin
D. White v. Florida http://www.hsmv.state.fl.us/CASES/White2.html http://members.ij.net/rex/law%20graphics/tara.html Another one of my suppression cases. The defendant appealed the denial of her motion to suppress cocaine found in her purse during the search of a car in which she was a passenger. The appellate court reversed her conviction because the state failed to prove that the warrantless search of the car was justified as either a search incident to arrest or a search based on probable cause. Can there be freedom from unreasonable searches in government schools? We have previously looked at the topic and the incident at Goose Creek High School in Charleston, South Carolina http://highwire.stanford.edu/~straffin/JS1111.rm
On the topic of criminal justice technology and Miranda, consider the polygraph. Recently, I was asked about law enforcement use of polygraphs. How are polygraphs used as part of police interrogation procedures? Are they admissable in court? How do they work and how are they utilized? Do police officers need the consent of both spouses to conduct a warrantless search of a home? That question is before the Supreme Court tomorrow, reports the Christian Science Monitor. The case stems from a 2001 incident in Americus, Ga., in which police responded to a report of a domestic disturbance. A wife called officers to the couple's house and said her husband used cocaine. The husband, a lawyer, refused to let police into the home without a warrant. The wife consented and led an officer to a bedroom containing apparent drug paraphernalia and white powder that appeared to be cocaine. Meanwhile, the woman withdrew her consent to the search. The Georgia Supreme Court declared the search illegal. With more than half of all marriages ending, such a constitutional rule could give rise to increasingly aggressive tactics in divorce cases. It also would make it easier for law-enforcement officials to detect and solve crimes. The Bush administration and 21 state governments have supported Georgia authorities and urged the Supreme Court to overturn the state high court decision. They argue that anyone who lives with someone else does not enjoy a reasonable expectation that a cooccupant will not permit law-enforcement officers to conduct a search of their home. "The state's proposed rule would be devastating to personal privacy," writes the Georgia man's lawyer, Thomas Goldstein of Washington, D.C. And this case scenario involved pre-trial identification issues: How would you test the veracity of alleged eyewitnesses to a crime when they arrive at court for trial as prosecution witnesses and might, for the first time, see the defendant with the defendant's lawyer at the defense table? Under those circumstances, the witnesses will know who the accused is, even if they have never seen him before. How might you set-up an "in court" line-up to test witnesses? How do procedural rules impact the answer? Depending on whether your client was a male or female, could you ask the judge to let your male or female assistant/secretary/investigator sit with you (and the defendant) at the defense table? In the class "Courtroom Presentation of Scientific Evidence" with the textbook "Law for the Expert Witness," chapter 8 asks "Who is an expert and when can one testify?" The following important cases provide some answers. Please discuss the general holdings for each in relation to the question posed. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) http://www.daubertontheweb.com/Chapter_2.htm General Electric Co. v. Joiner (standard of review) http://www.daubertontheweb.com/standard.htm United States v. Scheffer (polygraph evidence) http://www.daubertontheweb.com/polygraph.htm Kumho Tire Co. v. Carmichael (nonscientific experts) http://www.daubertontheweb.com/nonscientists.htm Weisgram v. Marley Co. (retrial) http://www.daubertontheweb.com/retrial.htm Frye v. United States, 54 App. D. C. 46, 293 F. 1013 (D.C. 1923) (Lie detectors) http://www.daubertontheweb.com/frye_opinion.htm
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| CHAPTER 7 Ch 7 Issues in Policing A Powerpoint presentation with evidence that is relevant to this class is http://members.ij.net/rex/Ch07.ppt An in-class writing assignment. Please answer one of the essay questions in Chapter 7 of the study guide. For homework, each student should also email the written essay to the HCC writing center using the instructions in the column on the right from previous dates in which the same instructions were given. Also post the work to the msn group. Please provide any response from the writing center. |
In recognition of President's Day,
please give some thought to how "criminal justice" and "issues
in policing" concern the office of the presidency. Abraham Lincoln ignored/suspended parts of the U.S. Constitution, including the writ of habeas corpus, and Lincoln used military commissions to persecute, imprison and kill civilians for exercising First Amendment rights to freedom of speech when they insulted or criticized him. According to Thomas P. Lowry, author of the book "Don't Shoot That Boy! Abraham Lincoln and Military Justice" even after Lincoln's death, Lincoln's military police-state prosecuted and imprisoned people (including civilians) for saying things like "I'd like to $h!t on his grave" or "More such men should be shot," or "This land seceded from England. States have the same right to be in rebellion." Similar criticisms have been made against the current administration's use of the military to seize US civilians and incarcerate them indefinately, without charges, and without lawyers, even in secret. The Padilla case can be heard as actual oral argument before the US Supreme Court (SCOTUS) at this link - http://www.oyez.org/oyez/audio/1730/argument.smil The FBI tried to nail a lawyer from Portland, Ore., with complicity in the Madrid bombing, alleging a match with finger prints found near the crime scene. Despite the doubts expressed by the Spanish police, the FBI continued to insist on the match and the lawyer had a very nasty time of it. The Spanish police finally prevailed, and the Oregonian newspaper printed the two sets of prints. It didn't take an expert to tell they were different. Other issues of Criminal Justice" and "issues in policing" regarding president have arisen under Richard Nixon and Bill Clinton. Clinton was actually disbarred for his acts. The vice president shot a hunting companion accidentally. There have been other recent incidents of questionable gun use by government. Some cynics have quipped that the government should not be allowed to possess guns. Have there been any studies comparing the gun safety record of government officials with that of civilians? What if a certain lawyer/professor announced an annual shooting contest that challenged government officials (those who are allowed to carry concealed firearms) to compete against civilians (those who are more restricted in their second amendment rights)? What would be the outcome? In the United Kingdom (UK) police (or "bobbies") do not carry sidearms customarily or historically. On the other hand, private individuals are basically banned from even owning a gun, even in their homes. Is there any country that goes beyond the UK in not allowing the government to possess arms, but allowing individuals to carry sidearms or concealed firearms? How does that fit with the purpose of the Second Amendment? On 9-11-2001 the government had disarmed all law-abiding citizens on the planes that crashed. Even the pilots were disarmed. That situation has not changed. Instead, the government decided to spend yet more money and create even more new employees who, on rare moments, might be on a plane. Now there is the following headline. Drug smuggling air marshals? http://www.time.com/time/nation/printout/0,8816,1158902,00.html Would it have been easier to just stop disarming people? In the class "Courtroom Presentation of Scientific Evidence" with the textbook "Law for the Expert Witness," chapter 7 covers fundamental concepts including "Burden of Proof." Please discuss the types of burden of proof at the beginning of the chapter and which type is involved in the following case at this link. http://members.ij.net/rex/laworjales.html |
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| CHAPTER 6 Please place all homework in a stack near the instructor at the beginning of class. The instructor will lay the ground work for class by reviewing material from the previous class and indicating objectives for this class. Last week, chapter 5 was "Police and Society: History and Organization." This week, chapter 6 is "The Police: Organization, Role and Function." Next week is "Issues in Policing." Powerpoint presentations will be used at http://members.ij.net/rex/Ch05.ppt http://members.ij.net/rex/Ch06.ppt http://members.ij.net/rex/Ch07.ppt Three students will present oral presentations regarding chapter topics: 0555Mac1 and 0480HCSO and rebelchild0547 Because this is the day before Valentine's Day, it would be "special" if the topics touched upon criminal justice issues involving "love" or "romance." Each student should prepare a brief oral presentation for the class concerning a criminal justice topic that corresponds to chapter topics for future classes. Each student should notify the instructor of the topic selected. Any student who misses his date should be prepared on the following date of attendance. For future weeks the following students will provide oral presentations in class: 02/20 will be 0583izabel and 0519blindside 02/27 will be 0424Dee and dn-joyce-busco 03/06 will be liotti77 and 5371shiznit (this is also mid-term day) 03/13 mid term break 03/20 will be 2453byron and cbronxqueen 03/27 will be 0465cutie and LeatherNeck0504 04/03 will be 0493jerzygirl7 and rajko85@msn.com 04/10 will be 0570monique and ac0588@hotmail.com 04/17 Easter & Passover 04/24 will be fsutony3@tampabay.rr.com 05/01 FINAL EXAM ? 05/08 last day Each student may select topics from the essay questions in the study quide, or from the objectives lists at the start of each chapter, or from the extra credit topics page. A discussion / message board has been created for most students on the msn site at http://groups.msn.com/hcc3 and each student should post his/her report selection and/or comments there also, in preparation for discussing them orally in class. Each student should also send the written part of the presentation to the HCC writing center using the instructions in the column on the right, and then turn in to the instructor the response from the writing center. An in-class writing assignment. Please answer one of the essay questions in Chapter 6 of the study guide. For homework, each student should also email the written essay to the HCC writing center using the instructions in the column on the right from previous dates in which the same instructions were given. Also post the work to the msn group. Please provide any response from the writing center. HOMEWORK: Please complete the study quide exercises for chapter 7 for next week, only the fill-in-the-blank, true/false, and multiple choice questions (not the essay questions). Either write them in the book and remove the book pages to turn in the assignment, or write them on separate 8 1/2 by 11 inch paper. Here are powerpoint presentations for each chapter of the book - http://members.ij.net/rex/Ch01.ppt http://members.ij.net/rex/Ch02.ppt http://members.ij.net/rex/Ch03.ppt http://members.ij.net/rex/Ch04.ppt http://members.ij.net/rex/Ch05.ppt http://members.ij.net/rex/Ch06.ppt http://members.ij.net/rex/Ch07.ppt http://members.ij.net/rex/Ch08.ppt http://members.ij.net/rex/Ch09.ppt http://members.ij.net/rex/Ch10.ppt http://members.ij.net/rex/Ch11.ppt http://members.ij.net/rex/Ch12.ppt http://members.ij.net/rex/Ch13.ppt http://members.ij.net/rex/Ch14.ppt http://members.ij.net/rex/Ch15.ppt http://members.ij.net/rex/Ch16.ppt http://members.ij.net/rex/Ch17.ppt |
Here is an amusing description of a recent trial
http://members.ij.net/rex/lawdrugsquartpain.html A previous chapter in the book discussed technology in modern criminal justice work. What type of technology might the prosecution have used to avoid its problem? "We, as defense lawyers in the criminal courts, are forced to deal with some of the lowest people on earth, people who have no sense of right and wrong, people who will lie in court to get what they want, people who do not care who gets hurt in the process. It is our job - our sworn duty - as defense lawyers, to protect our clients from those people." Cynthia Roseberry, in Georgia and a member of NACDL. She is a founder of the Georgia Innocence Project and on the faculty of NCDC, and a founding member of National Families in Action. In the book "The Moon is a Harsh Mistress" by Robert Heinlein, one character asks another "Under what circumstances is it moral for a group to do that which is not moral for a member of that group to do alone?" In previous weeks, drug dogs and private security have been discussed. Here is a letter that involves both: Rex, I am a private investigator. I am working with some attorneys on a drug dog case. I was asked to contact you regarding our case. In essence, we have a huge problem here with a Department's "Drug Interdiction" program. You know the drill it seems, pull someone over for a minor or non-existent traffic violation, then try to get consent to search. Should consent fail, use the dog. In our case, I was hired to drive along a popular stretch of interstate in a legal manner to see what would happen (I was in a vehicle with out of state plates that apparently fits some type of profile). As you can guess, I was stopped for a traffic violation that I did not commit, asked for consent and refused. The officer (the same one who stopped our client) then ran his dog, which alerted to a trailer I was towing. Of course, the trailer did not contain contraband, but I was detained and searched nonetheless. I am not exactly sure how we can help one another. I suppose we would want information from you regarding these dogs. I noticed you have used two experts in the past; do you use others? By the way, the aforementioned stop of my vehicle was video taped by other investigators. They have no idea we have the stop on tape illustrating that I did not commit the alleged violation. The case is pending, and it should get interesting from here. Please get in touch with me via this email address or by phone. I'd like to discuss this matter in more detail with you. Thank you. I received this letter on Friday: Hi, I am a teacher in a public high school. This week, drug dogs came to our school and their search included my room. The dog reacted to a cabinet, which had nothing in it. They continued their search and when i asked the principal what the dog was scratching at the principal said it must have been the glue. Later, after school, i was told to go immediately to the superintendent's office, where they told me the dog reacted to my own bag and they wanted to search it. I told them they could, and it turned up nothing, of course. They told me that was the end of it and thanks for cooperating. The next day, a person from human resources came and told me that if i did not go right then and take a drug test i would be terminated. i did not have a chance to call a lawyer or my union, and felt threatened so i went and had the test done. The results have yet to be returned, but i feel that i am being targeted. my union is behind me 100%, but after reading much info on your site, i would like to know if you have come across a situation like this before. Please give me any advice that you can. i am going today to get my own test done to refute their "evidence" that they don't even really have. The dogs come to our school at least once a year. Supposedly it is unannounced, but the students always know ahead of time, from what i have been told. The students and teachers are asked to leave the room and stand in the hall while the search is being conducted. if the dog suspects something, the student is present while their belongings are immediately searched. This was not the case for me, as i was summoned to a different location for my search. When it turned up nothing, and i questioned their demand for a drug test, after the search turned up nothing, they said i could have disposed of any contraband en route from the high school to the central office. What bothers me the most is that the dog responded to a cabinet, which had nothing in it, so it was obviously wrong about that. however, with me, they immediately take the dog's 'word' over mine, and conduct a search. I would like to note also a higher-up and i have had issues for years, and i had to call the union about the higher-up recently. That higher-up was in the room also while the search was being conducted, although not supposed to be, and i cannot help but feel like i am being persecuted. i never even saw the dog bark at my bag. I also would like to add that not all the rooms in the school were searched, just certain ones, which makes me wonder about the whole procedure. Thank you so much for any help. QUESTION: How has criminal justice technology helped this person above and what other advice would you give her? In the class "Courtroom Presentation of Scientific Evidence" with the textbook "Law for the Expert Witness," chapter 6 covers FRCP Rule 16 "Pretrial Conference; Scheduling; Management." Please review the following links and discuss what issues were covered at the pre-trial conference for the case in the links. http://members.ij.net/rex/John-Moll.jpg http://members.ij.net/rex/lawmoll.html http://members.ij.net/rex/lawmoll5dca.html |
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| CHAPTER 5 Chapter 5 is Police and Society: History and Organization. Under Sir Robert Peel there were 12 principles of the Peelian reform, and one of them was: The police must be under government control. Compare Peel's principle to that of Professor Robert Benson (at Florida State University) author of "The Enterprise of Law." Is the Second Amendment to the U.S. Constitution a protection of non-government policing and/or a protection from government? Principles of Organization and Police Administration: the police function was vested with the military during earlier times. Under Sir Robert Peel there were 12 principles of the Peelian reform, and one of them was: The police must be stable, efficient, and organized along military lines. It follows the military or quasi military model. Within the police organization that principle is a chain of command, with superior officers, and the issuance of orders and directions. Some units are known as paramilitary units (S.W.A.T.). |
Chapter 5, study guide question 2 states:
Discuss the significance of the pledge and watch systems
of policing. Also, discuss how they relate to types of
private criminal justice or private security: bodyguards, bouncers,
bailbondsmen, bounty hunters, gate guards at gated communities, private
investigators and detectives. How does insurance against theft
and fire influence the use of private security? In the class "Courtroom Presentation of Scientific Evidence" with the textbook "Law for the Expert Witness," chapter 5 discusses FRCP Rule 37 "Failure to Make or Cooperate in Discovery; Santions" and covers the case of Masters v. City of Highland Part, including an issue related to the court not allowing the Defendants time to depose an out-of-state witness. Compare the outcome of the Masters case to that in my case UNITED STATES v. RICHARD EARL CUNNINGHAM http://members.ij.net/rex/lawcunningham.html |
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| CHAPTER 4 Please turn in all homework at the beginning of class to the instructor at the lectern. The instructor will lay the ground work for class by reviewing material from the previous class and indicating objectives for this class. In the book "Introduction to Criminal Justice" by Larry J. Siegel and Joseph J. Senna, Chapter 3 is entitled "Understanding Crime and Victimization" and Chapter 4 is "Criminal Law: Substance and Procedure." There will be a quiz and a review of the quiz answers for Chapter 3. A student will present an oral presentation regarding Chapter 3 essay questions 4 and 9 (4 is "Explain how a deviant subculture forms," and 9 is "Explain how a victim can be involved in causing crime"). Each student should prepare a brief oral presentation for the class concerning a criminal justice topic that corresponds to chapter topics for future classes. Each student should notify the instructor of the topic selected. Next week (February 3rd) a presentation will be delivered by a student known as 0499forensics. For future weeks the following students will provide oral presentations in class: 02/13 will be 0480HCSO and rebelchild0547 02/20 will be 0583izabel and 0519blindside 02/27 will be 0424Dee and dn-joyce-busco 03/06 will be liotti77 03/13 will be 2453byron and cbronxqueen Each student may select topics from the essay questions in the study quide, or from the objectives lists at the start of each chapter, or from the extra credit topics page. A discussion / message board has been created for most students on the msn site at http://groups.msn.com/hcc3 and each student should post his/her report selection and/or comments there also, in preparation for discussing them orally in class. Each student should also send the written part of the presentation to the HCC writing center using the instructions in the column on the right, and then turn in to the instructor the response from the writing center. There will be a handwritten in-class writing assignment on Chapter 3 essay questions 4 and 9 (4 is "Explain how a deviant subculture forms," and 9 is "Explain how a victim can be involved in causing crime"). HOMEWORK: For next week, please answer one of the first 3 essay questions in Chapter 5 of the study guide on pages 93 & 94. Each student should also send the written essay to the HCC writing center using the instructions in the column on the right, and also post the work to the msn group, and also print out a paper version and turn provide it to the instructor at the next class. Also, provide any response from the writing center. HOMEWORK: Please complete the study quide exercises for chapter 5 for next week, only the fill-in-the-blank, true/false, and multiple choice questions (not the essay questions). Either write them in the book and remove the book pages to turn in the assignment, or write them on separate 8 1/2 by 11 inch paper. Extra credit opportunities are available here: http://members.ij.net/rex/word-topics.html They can be typed and posted to the class web site, however a copy should also be emailed to the professor and also a paper copy delivered in class. Writing Assignment: Each student should submit the writing assignment above to HCC's writing center at the Dale Mabry Campus http://www.hccfl.edu/writing_center/ Place the instructor's name in the email's subject line, and include the student's name and the student's identification number in the message at the top of the email body message and in the document. Each student must send the writing sample as a "microsoft word document" (.doc), using the computer's desk top software and attaching it to an email. Each student should create the email in the student's own email (for example the student's HCC email account, or create a yahoo.com account, or use any other account) and then cut and paste (or type) the following email address into the "TO" section: dm-writingcenter@hccfl.edu Also, place the following email in the "CC" (carbon copy): curry@ij.net so that the instructor will know that the email was sent. The center only reviews submissions Monday through Thursday from 1 p.m. to 5 p.m. |
Handwriting analysis is sometimes a topic in
Court and for expert witnesses. One example is in identifying
forgeries and forgers, such as in bad check cases alleging bank
fraud. The movie "Zodiac" was about murders in California and showed handwriting analysis. How can a criminal deliberately mislead handwriting analysts. Can mimickry be used to frame innocent people? How can mimickry be detected? **************** The above-mentioned example is to be distinguished from so-called "handwriting analysts" who offer "detailed" personality descriptions based on a person's handwriting. The web provides a bizarre example that identifies Hilter and other murderers by their signatures. Here is an image that was provided.
The arrows purport to point at "clubs" that are said to be a unique identifier in the handwriting of murderers. "Adolf" is the part of the signature on the left were the "club" allegedly appears at the end, and "Hitler" is the part of the signature on the right that is very squiggly. No analysis was provided for the signatures of Stalin or Mao. Is there a better argument that the "analyst" overlooked in his analysis of Hitler's signature? How does Hitler's first name correspond to his signature? What did Hilter do to his own first name "Adolf" in his signature? Did Hitler turn his own signature into the trademark of his party and of the dogma that motivated his thinking and his actions? What was the symbol of Hitler's party and dogma? The "analyst" above failed to compare earlier examples of Hitler's signature that show a change that corresponds to Hitler's political activity. Here is an image: http://members.ij.net/rex/swastika-socialism5e.gif Although an ancient symbol, the swastika was also sometimes used to represent overlapping S-letters for "socialism" under the National Socialist German Workers Party (Hitler's Party). Germany in the 1930's often used symbols for letters and words. There are other examples of similar S-style swastika symbolism used by German socialists, including the SS Division, the SA group etc. Similar swastika-style alphabetic symbolism is still visible every day in traffic in Volkswagen logos that show the overlapping letters VW. In the book "Introduction to Criminal Justice" by Larry J. Siegel and Joseph J. Senna, Chapter 3 is entitled "Understanding Crime and Victimization" there is essay topic # 4: "Explain how a deviant subculture forms." In addition to the more localized perspective, can the same analysis be applied to the beginnings of the National Socialist German Workers Party, the former Union of Soviet Socialist Repuiblics, and the Peoples' Republic of China (under Mao)? They all started with small groups of people who eventually took over entire countries. A cynic once said that "Governments are criminal gangs that have flags." In the book "Introduction to Criminal Justice," chapter 4 mentions the insanity defense. What do you think of the insanity defense? A very rough definition of insanity is "the inability to distinguish right from wrong." Were Stalin, Mao, and Hitler insane? The book "The myth of mental illness" by Thomas Szasz is at Amazon.com where there are also some fascinating comments & reviews, including some from people who state that they suffer from mental illness. In the book "Introduction to Criminal Justice," Chapter 4 discussed Criminal Law Procedures, and they can be tricky. A news story mentioned a man convicted of rape but exonerated 25 years later by DNA. How would you test the veracity of alleged eyewitnesses to a crime when they arrive at court for trial as prosecution witnesses and might, for the first time, see the defendant with the defendant's lawyer at the defense table? Under those circumstances, the witnesses will know who the accused is, even if they have never seen him before. How might you set-up an "in court" line-up to test witnesses? How do procedural rules impact the answer? In the class "Courtroom Presentation of Scientific Evidence" with the textbook "Law for the Expert Witness," chapter 4 covers FRCP Rule 35 "Physical and Mental Examination of Persons." A similar issue arose in some criminal cases (including the Duke Lacrosse case and the William Kennedy Smith rape accusation) where the mental health records of accusers were sought. Here are examples in one of my cases in Tampa, Florida. Discuss these topics and whether a trial court possesses authority to order psychiatric examination of a sexual abuse complainant, and if so, under what showing? http://members.ij.net/rex/lawyer-rex-curry-criminology1.jpg http://members.ij.net/rex/lawyer-rex-curry-criminology1.jpg http://members.ij.net/rex/lawyer-rex-curry-forensics.jpg http://members.ij.net/rex/lawyer-rex-curry-forensics2.jpg http://members.ij.net/rex/lawyer-rex-curry-criminology.txt |
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| CHAPTER 3 The instructor will lay the ground work for class by reviewing material from the previous class and indicating objectives for this class. Chapter 1 was "Crime and Criminal Justice" and Chapter 2 is "The Nature and Extent of Crime" and Chapter 3 is "Understanding Crime and Victimization." There will be a quiz regarding chapter 1 and a review of the answers. A student will present an oral presentation regarding Florida's carrying concealed firearm permit card do's and don'ts. HOMEWORK: Writing Assignment in Chapter 2 of the textbook discusses "victim disarmament laws" (also known as "gun control laws"). A student indicated that she sometimes feels unsafe in Ybor City. How do criminal laws and the criminal justice system increase or decrease her safety? Write at least one paragraph on that topic. Writing Assignment: Each student should submit the writing assignment above to HCC's writing center at the Dale Mabry Campus http://www.hccfl.edu/writing_center/ Place the instructor's name in the email's subject line, and include the student's name and the student's identification number in the message at the top of the email body message and in the document. Each student must send the writing sample as a "microsoft word document" (.doc), using the computer's desk top software and attaching it to an email. Each student should create the email in the student's own email (for example the student's HCC email account, or create a yahoo.com account, or use any other account) and then cut and paste (or type) the following email address into the "TO" section: dm-writingcenter@hccfl.edu Also, place the following email in the "CC" (carbon copy): curry@ij.net so that the instructor will know that the email was sent. The center only reviews submissions Monday through Thursday from 1 p.m. to 5 p.m. Please review the following information regarding a victory of mine regarding the use of drug detection dogs to search people and their cars http://members.ij.net/rex/word-drug-dogs.html Extra credit opportunities are available here: http://members.ij.net/rex/word-topics.html They can be typed and posted to the class web site, however a copy should also be emailed to the professor and also a paper copy delivered in class.
Can anyone explain "Why They Kill"? Some books argue that "violent socialization" (aka violentization) is the source of crime. It can involve brutalization and belligerance. Other books argue that poverty shares blame. Socialism causes widespread poverty, and it has even been used deliberately to commit murder by causing widespread famine (as in the Union of Soviet Socialist Republics and in the Peoples' Republic of China). Socialism is violent socialization. It involves brutalization and belligerance (war). In 1939, Germany under the National Socialist German Workers' Party joined as allies with the Union of Soviet Socialist Republics to invade Poland in a pact to divide up Europe, spreading WWII. The worst death tolls even today: ~60 million under the Union of Soviet Socialist Republics; ~20 million under the National Socialist German Workers' Party (NSGWP); ~50 million under the Peoples' Republic of China. Even after the German National Socialists ceased to exist, Soviet Socialism and the Peoples' Republic of China went on to kill even more millions. The 19-word epigraph to the book is from W.H. Auden, paraphrased here: I and the public knowThe Reparations Agreement between Israel and West Germany was signed on September 10, 1952.[1] and entered in force on March 27, 1953.[2] According to the Agreement, West Germany was to pay Israel for the slave labor and persecution of Jews during the Holocaust, and to compensate for Jewish property that was stolen by the Nazis.West Germany paid Israel a sum of 3 billion marks over the next fourteen years; 450 million marks were paid to the World Jewish Congress. The payments were made to the State of Israel as the heir to those victims who had no surviving family. Has there ever been civil liability levied or collected against the Union of Soviet Socialist Republics or the Peoples' Republic of China for the millions they robbed and killed? Would they owe more money than West Germany or all of Germany? |
A web search for "Luis Posada" and "Judge Kathleen Cardone" reveals that the U.S. District Judge dismissed an indictment charging Luis Posada Carrilles with lying to immigration authorities. The Judge cited government misconduct and said that the government manipulated Posada's statement and said that the government's interpretation of Posada's statement "is so inaccurate as to render it unreliable as evidence of defendant's actual statement." Posada had been determined ineligible for naturalization, but the government nonetheless granted him a bogus "naturalization interview" for the sole purpose of gathering information for use in a criminal prosecution. Typical parallel proceedings tactics are seen in many other cases, including tax, securities, OSHA, Clean Water Act cases, where civil investigation is used as a stalking horse for criminal investigations. Another Judge (an immigration judge) had already ruled that Posada could not be deported to Cuba, where he was born, nor to Venezuela, where he is a naturalized citizen, because of fears that he could be tortured. That is known as an "asylum" argument, because a person who would otherwise be deported, can avoid deportation (and gain "asylum" in the U.S.) if he can convince a judge that he would be tortured or killed in the country where the U.S. would deport him. That argument would have been compelling for many people in regard to the Union of Soviet Socialist Republics, the Peoples' Republic of China, and Germany under the National Socialist German Workers' Party. Immigrants often consult and use experts to provide testimony and other evidence establishing the dangerous authoritarian conditions in other countries and specifically the threat to the immigrant himself, should he be deported there. Similar experts have been used in criminal cases in the U.S. by defendants who claimed that they were forced to assist in the importation of drugs on boats originating in foreign countries. Sometimes a defendant asserts that he accpeted a legitimate job on a boat and discovered later that the boat was exporting drugs. The defendant could not leave the boat enroute on the high seas, and he knew that if he protested, he would be killed. If an immigrant was facing deportation to Germany during the National Socialist German Workers' Party, what testimony might an expert provide about the dangers there? Are there things that most modern lay witnesses (non-expert witnesses) would not know on that topic of history? Under German National Socialism the government imposed segregation and taught racism as official policy. People were forced to perform the stiff-arm salute, and to robotically chant for the government and for its national flag, bearing the swastika, the symbol of the National Socialist German Workers' Party. There were people who refused to do so, and many of them were killed. While the above was happening in Germany, there were Americans who refused to perform the Pledge of Allegiance to the national flag in the government's schools. Some of those people used the same reasons for refusing (e.g. religious objections) as did their counterparts in Germany. Another ominous parallel is that the government's schools in the U.S. at that time also imposed segregation by law, and thus taught racism as official policy. Another ominous parallel is that the U.S. flag salute for the Pledge was also the stiff-arm salute. It was not the modern hand-over-the-heart. Here is a photograph http://members.ij.net/rex/z1c.jpg
Many people in the U.S. were persecuted
for refusing to participate in similar behavior in the U.S.
Children were expelled from government schools. People
were even arrested and beaten. They told him to kiss their flag: In August of 1918, E.V. Starr was sentenced to 10 years in prison in Montana for refusing to kiss the flag. Believe it or don't, Starr was convicted of sedition. Starr had been accosted by a mob that demanded he kiss the flag and Starr refused. Starr was sentenced to 10-20 years of hard labor in a state penitentiary as well as fined $500 plus court costs. Would you have kissed the flag? He probably would have done what you would have done in hindsight. Do you suppose that before or after sentencing he offered to provide a make-up kiss for the flag if the judge would forgive and forget? If so, it was too late. HE TOLD THEM WHERE TO PUT THE FLAG ? On November 9, 1918, the Kansas Supreme Court heard the appeal of Frederick Shumaker, Jr. for his conviction for having made to someone a "vulgar and indecent" comment about flags. The justices voted unanimously to uphold Shumaker's conviction. In 1931, the Supreme Court ruled in the case of Stromberg v. California that laws banning the use of emblems or symbols to express opposition to government are an unconstitutional infringement on free speech. That suggested it is also an infringement on free speech to ban use of the flag in a manner that is "disrespectful." At first, the U.S. Supreme Court upheld the right of government schools to expell students who would not perform the stiff-arm salute and robotically chant the Pledge of Allegiance each morning at the ring of the government's bell for 12 years of their lives. The case is Minersville School District v. Gobitis (1940). http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=310&invol=586 Many people used the Gobitis case as an excuse to increase persecution of children who would not chant (and their parents). That was part of the reasons why the Court reversed itself three years later in one of its fastest self-reversals in West Virginia State Board of Education v. Barnette (1943). http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=319&invol=624 ******************* According to the St. Petersburg Times: There was a flag mutilation case in Pinellas County in 2002. The defendant, who pleaded guilty to that charge and others, was put on probation. Thinking the "public mutilation of a flag" statute remained viable, Tampa police officers in the past year accused two men in three separate instances of the first-degree misdemeanor. The charge carried a punishment of up to one year in jail and a maximum $1,000 fine. But the Hillsborough State Attorney's Office dropped all three cases, including that of Donnie White's on Thursday. Donnie James White, 45, of Tampa, was arrested and charged with one count of public mutilation of the flag, a misdemeanor on July 9, 2007 "The United States Supreme Court has made it clear that this type of statute is unconstitutional," spokeswoman Pam Bondi said. "The defendant's conduct is protected under the First Amendment." When White, 45, appeared in court Tuesday after a night in jail, Assistant State Attorney Linda Grable made a case for the charge to stick. "He rubbed a flag across his body," Grable said. "He stomped on it. He dragged it down the street." "Sounds like probable cause to me," said a Circuit Judge, usually a family law judge, who was filling in on the criminal side. The judge set bail at $500. White, whose previous arrests include criminal mischief and disorderly conduct, didn't post it before prosecutors got him released at 11:25 a.m. Thursday. Is there civil liability? ************************** Whenever Martin Luther King Day occurs, college classes do not meet. King participated with Rosa Parks in the boycott of the Montgomery Buses. Rosa Parks died recently. She defied a state law in Alabama via which the government forced a bus company to impose racist behavior on customers. The government forced people to commit racism before it reversed its laws and did the opposite. Is the government the worst source of racism and discrimination?
As a
popular writer and economist, Thomas Sowell explains what
the newspapers will not reveal about the Rosa Parks story http://www.capmag.com/article.asp?ID=4457Over the break, the lamestream media reported about the historic boycott, but they did not explain the real reason why the protestors had no other choice then to boycott. In a sense, the word "boycott" helps the media evade a problem that still persists to this very day. What would happen today if Rosa Parks, her children, or anyone tried to open a bus company in Tampa? Would it be a crime and would they be arrested? Would their only alternative still be a boycott? |
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| CHAPTER 2 IN CLASS WRITING ASSIGNMENT: Does the government, via the Food and Drug Administration (FDA) kill more people than it saves? Have you ever traveled to Amserdam? Does Amsterdam have more freedom than the United States? Amsterdam has open purchase of hashish, cannabis and prostitution. Should the USA equal or exceed Amsterdam's tolerance of vices? Please view the raid at Goose Creek High School in Charleston, South Carolina http://highwire.stanford.edu/~straffin/JS1111.rm Perform a Google.com image search for the following words together: goose creek raid. As you can imagine, civil litigation resulted from the incident. Try to discover if the litigation is finished and any information about the outcome.
Is the display of firearms excessive use of force? If an officer's gun was accidentally discharged and a minor was injured or killed, would the officer be criminally charged? Would the officer have civil liability? News reports on August 05, 2007 stated that in Noble Oklahoma police killed 5-Year Old Austin Haley while the police were shooting at a snake. A stray bullet fired by a police officer hit the boy while he was fishing at a nearby pond with his grandfather, Jack Tracy. "I'm not saying the cop shot him on purpose," Tracy said. "It was an accident. But let me tell you — if I had a kid and put him in this car and didn't put him in a car seat and he got killed on the way to town, they'd charge me with murder ... and what this cop did is a lot worse than that." ************** Consider the problems in hand-written Criminal Report Affidavits (that are used to charge crimes) and establishing the source of the information therein. Please examine Florida Statute 316.063 at http://www.leg.state.fl.us/Statutes/ "Duty upon damaging unattended vehicle or other property." and analyze how difficult it could be to prove that charge if you were a prosecutor in court. How many different problems might arise in proving that someone committed that crime? WRITING ASSIGNMENT ON COMPUTERS: Should police officers, teachers in government schools, judges and politicians running for office be required by law to take weekly urine tests or other tests for illicit drugs? Learn the etymology of these words: criminal, justice, indictment, arraignment. Some people believe that the word "justice" means "just us." I once represented a client named "Justo." Justin, Justine, Justicia, |
The questions "who is the worst
murderer in history?" or "Who is the worst criminal of all
time?" rarely evoke answers that reference the people in the
photograph here. http://members.ij.net/rex/socialists8b.jpg They are Joseph Stalin (of the Union of Soviet Socialist Republics), Mao Zedong (of the Peoples' Republic of China), and Adolf Hitler (of Germany under the National Socialist German Workers' Party). Future topics review the purpose of the 2nd amendment and guns. Is the 2nd amendment's main purpose self-defense against government and the worst murderers of all time? Who are the worst murderers of all time? Are the worst criminals never charged with their worst crimes? Think about Stalin, Mao, Hitler, and other government officials. http://lewrockwell.com/higgs/higgs38.html Meanwhile, this 25 year old recently received 55 years in prison for pot http://www.famm.org/nr_sentencing_news_angelos_resources.htm People say that each of the three criminals above created a "police state." What is a police state? Is the USA moving nearer to, or farther from, a police state? A social critic, commenting on the USA, said "Everyday and everywhere you go: You cannot buy lunch or a soda without government stealing from you (taxes). If you do not pay in cash then your socialist slave number (social security number) informs the government where you went and what you did. You slave number tracks and taxes you for life, including your jobs, income, finances, residences, movements, purchases, activities, et cetera. You are not allowed to travel (even a mile by car) unless you carry identification. The car you ride in is required to display identification." A Criminal Profiler is an expert in criminal justice who studies crime and criminals via the use of psychology and forensics. What would profilers say about the threesome pictured above? What beliefs, dogmas, etc, "caused" their crimes? Dayle Hinman was one of the first people to be trained in forensic profiling under the FBI's legendary John Douglas. Based in Tallahassee at Florida's Department of Law Enforcement, Special Agent Hinman, now retired, is one of a handful of women in the profession. Over the past 26 years, she’s been involved in numerous high-profile investigations including the cases of Ted Bundy; O.J. Simpson; the first female serial killer, Aileen Wournos; The Tamiami Strangler; Miami's prostitute killer Rory Conde, and the Gainesville Student murders. Hinman's expertise was the topic of a Court TV show called "Body of Evidence." The textbook covers a case involving mandatory urine testing of students who participate in extra-curricular school sports activities. Should the teachers and judges in the case be given urine tests? Are urine tests Are such laws characteristic of a police state? A Georgia law once required candidates for public office to submit to urine tests, but the law was held to be on constitutional quicksand and was overturned by a Libertarian Party candidate for Governor of Georgia. Try to find that case on the internet. College students are often surprised to learn of the role that Chinese students played in aiding Chairman Mao Zedong in persecuting, torturing and murdering millions of people. More information can be found in web searches for "Red Guard Students" and/or "China's cultural revolution." An opponent of testing once said, "THE ONLY URINE TEST THEY'LL GET OUT OF ME IS A TASTE TEST." Is there a reason why students who do not ever use drugs will refuse to take the test? What will happen to them? Bode Miller, an Olympic skier, opposes urine testing. He said that in the procedure the pants are dropped completely to the ankles and the shirt is pulled and held under the chin, while the victim holds a cup and urinates in view of the tormenter(s). Why is the procedure like that? What can students do to avoid the testing? Non-government schools? Compare laws that used to require the Pledge of Allegiance in government schools. What did the Gobitas kids do when they did not want to take the loyalty oath test? Can there be freedom from unreasonable searches in government schools? Can there be freedom of speech in government schools? A hot-selling T-shirt shows a snowman with a menacing expression. The Associated Press reports that the image popularized by a drug-dealer-turned-rapper symbolizes those who sell the white substance known on the street as snow: cocaine. Anti-drug campaigners and education officials say the T-shirt and others like it are part of sophisticated marketing campaigns using coded symbols for drug culture that parents and teachers are not likely to understand. Some schools ban kids from wearing the snowman images. |
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| CHAPTER 1 The web site for HCC's Criminal Justice Technology Undergraduate Program is http://www.hccfl.edu/yborcampus/cjt/index.html |
Criminal Justice begins by raising many initial questions: What is crime (or what should constitute "crimes")? What is criminal justice? Who are criminals? The questions "who is the worst murderer in history?" or "Who is the worst criminal of all time?" often evoke answers that reference individuals similar to Pedro Alonso Lopez (thought to have butchered more than 300 young girls in Colombia, Peru and Ecuador throughout the late 1970s and early 80s). Other serial killers to approach Lopez's horrific tally of victims were the Americans Henry Lee Lucas and Ottis Toole, and HH Holmes, who killed more than 200. Lucas, a one-eyed drifter from Texas and Toole, who had a taste for human flesh, killed anyone who crossed their paths, with a preference for picking up hitchhikers. They are known to have killed more than 200 people between the mid-1970s and mid-80s. Holmes built a massive mansion, complete with trap doors, acid vats, lime pits and gas chambers, with money he made from a drugstore empire he built in Chicago. The people in the photograph here are rarely named as the worst murderers or the worst criminals. http://members.ij.net/rex/socialists8b.jpg Even so, the three in the photo make the typical homicide defendant seem angelic in comparison. |