Category: Criminal Law

Assignment 1 (1 page)

Search Unit 9 Discussion
Unit 9 Discussion
What Do You Do If Your Client Intends to Lie Under Oath?
An important strategic decision for any criminal defense attorney and their client during any trial is whether the client will testify. Based on the constitutional protections afforded criminal defendants, no defendant in a criminal case can be compelled to give testimony against him or herself. However, some criminal defendants may want to provide testimony in support of their defense.
Attorneys and their non-attorney staff members must abide by the Rules of Professional Conduct adopted by their state. Most states have based their adopted rules on the American Bar Association’s Model Rules of Professional Conduct. Read ABA Model Rule 3.3 and its comment.
Imagine that you are a criminal defense attorney. While you are preparing your client to testify, you learn that your client intends to lie under oath. What steps do you have to take next? What do you think about this rule?
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Assignment 2 (1/2 page) Ask a question to Kadacia (150 words minimum) Cite one reference
As a criminal defense attorney, learning that a client intends to lie under oath creates a serious ethical quandary. According to ABA Model Rule 3.3 (n.d.), an attorney has a responsibility of candor to the tribunal, which implies that they cannot intentionally allow misleading evidence or testimony to be offered in court. If I learn that my client intends to lie on the stand, my first action would be to counsel him against perjury, stressing the legal and ethical ramifications. It is vital to emphasize that lying under oath may result in additional criminal charges, weaken credibility, and jeopardize their defense. If the client insists on perjury, I am expected to take additional steps to prevent false testimony, including potentially resigning from representation if needed. However, per Hall (2022), withdrawal is not always granted because of the prejudice of the client, both in the eyes of the jury and because it leaves the client without counsel at a critical time in trial (p. 500).
I believe Rule 3.3 is crucial to the integrity of the judicial process. While a defense attorney’s primary obligation is to defend their client, this advocacy must adhere to the law. Allowing misleading testimony jeopardizes the fairness of the trial while also undermining public trust in the legal system. Although it may appear that this regulation puts attorneys in difficult situations, it assures that justice is pursued in accordance with ethical guidelines.
References
ABA. (n.d.) Rule 3.3: Candor Toward the Tribunal. Retrieved from Rule 3.3: Candor Toward the Tribunal (americanbar.org)
Hall, D. E. (2022). Criminal Law and Procedure (8th ed.). Cengage Learning US. https://purdueuniversityglobal.vitalsource.com/books/9798214341095 P. 500
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Assignment 3 Ask a question to Yohana (150 words minimum) Cite one reference
Lawyers must defend their clients zealously, but allowing the client or the witness to lie in trial will be like assisting one of his clients in committing a crime. Lying at trial is known as perjury and is punishable by the law. Therefore, if the attorney knows that his client, or a witness for his client, is thinking about lying in court, he needs to consider the ABA Ethical Model Rule 3.3, inform his client of the consequences of lying, and explain to the client how lying will only hurt his/her case as well as informing the tribunal of the untruthful information. Most lawyers and judges know when a client is lying, and once they catch a client or witness lying, their testimony will be questionable, potentially hurting the outcome of the client’s case. Also, suppose the attorney knows the client is lying, and the truth emerges. In that case, that attorney’s reputation, character, and professionalism will be at risk, as well as his relationship with his clients and his credibility in court, among other things.
The ABA Model Rules protect the client and the attorney and ensure that lawyers follow the rules of conduct to ethically and rightfully defend their clients. Rule 3.3 of the ABA Model Rule is excellent because it establishes the steps an attorney needs to take if he suspects that one of his clients or witnesses is about to commit the crime of perjury.
References
Rule 3.3: Candor Toward the Tribunal. (n.d.). American Bar Association. Retrieved September 26, 2024, from https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal
Nothing But the Truth: What Happens When You Lie Under Oath? (2024, April 24). Oliver Maner LLP. Retrieved September 26, 2024, from https://olivermaner.com/posts/consequences-of-lying-under-oath

In the Pod cast, The Hidden Brain, we learn about the origins of ‘Broken Windows’ theory.
In your opinion, was this concept successfully utilized in the case of New York, as detailed in the podcast.
Consider a few factors – community impacts, effect on crime reduction, etc.
Were some adversely impacted through this application of Broken Windows?
Did the application of this concept benefit some? If so, how?
Does it have relevance in today’s policing? If so, why? If not, why do think believe it does not?
300 words, proper APA citations are mandatory.
Attach as a Word document, double spaced.
https://www.npr.org/2017/05/29/530192364/how-a-theory-of-crime-and-policing-was-born-and-went-terribly-wrong

Complete review Chapter 11, Questions 1-12, page 385.
Submit your assignment by posting the answers to the review questions. Submit all of your answers in one (1) document, please.
You need to include in-text citations (Plotkin, 2016) after any material that is not yours and especially any quotes. This in-text citation will also have a reference listed at the end to match.
References
Garland, N. M. (2014). Criminal Evidence. McGraw-Hill Education.

Analyzing Media Coverage and Relate Article to crime control and prevention. The article is from the Associated Press :
FBI finds violent crime declined in 2023. Here’s what to know about the report.
By ALANNA DURKIN RICHER
Updated 12:59 PM CDT, September 23, 2024
https://apnews.com/article/fbi-crime-statistics-trump-harris-election-5bff94ec67f509740bbb53fb99576d5a

Analyzing Media Coverage and Relate Article to crime control and prevention. The article is from the Associated Press :
FBI finds violent crime declined in 2023. Here’s what to know about the report.
By ALANNA DURKIN RICHER
Updated 12:59 PM CDT, September 23, 2024
https://apnews.com/article/fbi-crime-statistics-trump-harris-election-5bff94ec67f509740bbb53fb99576d5a

Assignment #1 (1 page)
Drones and the Fourth Amendment
The Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Courts have established exceptions to the warrant requirement of the Fourth Amendment. In addition, courts have had to consider technological advancements and determine the Fourth Amendment implications.
The U.S. Supreme Court has considered searches and seizures in cars, use of airplanes to conduct surveillance, and the use of specially trained dogs to “sniff” out drugs. One issue that has not yet been decided by the United States Supreme Court, but is ripe for review, is the police use of drones.
Read this law review article:
Belinger, C. (2019, February 28). Florida v. Riley: Foreshadowing Fourth Amendment issues in 21st century aerial surveillance and the need for clarity. Minnesota Law Review. https://minnesotalawreview.org/2019/02/28/florida-v-riley-foreshadowing-fourth-amendment-issues-in-21st-century-aerial-surveillance-and-the-need-for-clarity/
If you were a United States Supreme Court justice, would you require law enforcement officers to seek a warrant before using a drone to conduct surveillance? Please explain.
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Assignment 2 (1/2 Page) 150 words min. Ask a question to Rose, Cite 1 reference
Rose
Hello Class,
This is a great topic because this is a very talked about topic in my household. My husband is a retired veteran and is a big constitutional buff and we discuss this topic all the time. I personally would not feel comfortable being surveyed by a drone, I would prefer the old way and having you take me to court or law enforcement personally issuing a warrant at my front door. I think having drones for law enforcement use period is wrong, but if it is going to be done I would prefer a warrant to be issued first before the police just conduct their drone surveillance on their own. So for example, I went down to Virginia to my brother’s house and they have drones that provide surveillance for certain roads and if you are speeding you will not get pulled over, that drone takes surveillance and sends you a ticket via mail. After hearing about that from my brother I felt very uncomfortable and I do not know if that should be legal because it probably is saving police officers time so they can patrol else where, but at the same time I feel that I am being spied on. If I were a United States Supreme Court justice, I would want to require law enforcement officers to retrieve a warrant before using a drone to conduct surveillance because in every other case to be able to wire tab you would need a warrant right? So then I would agree that drone surveillance would require a warrant before taking that next step.
Reference
McNeal G., Brookings (November 2014) Drones Aerial Surveillance: Considerations for Legislatures.

Drones and aerial surveillance: Considerations for legislatures

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Assignment 3 (1/2 Page) Ask a question to Kathia , cite one reference , 150 word min
Because of the ever-changing technology, conducting surveillance has been made easier for law enforcement, but also for the normal people who do unlawful things like stalking. Would I require law enforcement officers to seek a warrant before using a drone to conduct surveillance? The simple answer is yes, but why? The reasons would include the following: reasonable expectation of privacy, technological impact, existing precedents, prevention of overreach, and balance of interests.
The Fourth Amendment protects areas where individuals have a reasonable expectation of privacy. Drones can intrude on that expectation because they can fly over private spaces like homes and backyards. The technological impact of drones is that they are equipped with advanced technology, like high-definition cameras, thermal imaging, and other surveillance tools that can provide law enforcement with intrusive methods of gathering information. Capabilities that extend the human eye and make warrantless surveillance even more of a problem. Drones can be considered government overreach because how drones can enable persistent, widespread surveillance, and having a warrant ensures that law enforcement uses the drones only when there is probable cause. Lastly, the warrant can have courts ensure that drones are justified and used properly. I wanted to add that in the 5-4 decision in Kyllo v. United States, the Court stated that in cases of searches of the interior of homes “there is a ready criterion. . . of [a] minimal expectation of privacy that exists, and that is acknowledged to be reasonable;” thus, “[when] the Government uses a [thermal-imaging] device that is not in the general public use, to explore details of the home that would previously have been unknowable without physical intrusion, the surveillance is a ‘search’. . . .” In other words, when thermal imaging is used in a search and seizure in a home without a warrant, it becomes only a search. The evidence found can’t be used against the defendant.

Reference:
Belinger, C. (2019, February 28). Florida v. Riley: Foreshadowing Fourth Amendment issues in 21st century aerial surveillance and the need for clarity. Minnesota Law Review. https://minnesotalawreview.org/2019/02/28/florida-v-riley-foreshadowing-fourth-amendment-issues-in-21st-century-aerial-surveillance-and-the-need-for-clarity/
Florida v. Riley: Foreshadowing Fourth Amendment issues in 21st-century aerial surveillance and the need for clarity – Minnesota law review. Minnesota Law Review -. (2019, February 28). https://minnesotalawreview.org/2019/02/28/florida-v-riley-foreshadowing-fourth-amendment-issues-in-21st-century-aerial-surveillance-and-the-need-for-clarity/
Greenwood, F. (2022, March 9). Drones and aerial surveillance: Considerations for Legislatures. Brookings. https://www.brookings.edu/articles/drones-and-aerial-surveillance-considerations-for-legislatures/
Kyllo v. United States, 533 U.S. 27 (2001). Justia Law. (n.d.). https://supreme.justia.com/cases/federal/us/533/27/

Review the Fourth Amendment and the exceptions explained in the text for this assignment. Use the Unit 8 Assignment template to complete your exceptions to the Fourth Amendment chart. You must provide four exceptions. As indicated in the template, for each of the four exceptions you have chosen, name the exception, discuss the exception, and provide an example.
In the second column, summarize each exception in your own words. Do not use any quoted content. Cite the textbook as your authority. In addition, cite at least one additional credible source as authority.
For the last column of “Example of Exception,” it is best to create an example in your own words. You can use an example from a relevant case as long as you explain the facts and cite the case.

In this assignment, you will review policing communications. You will identify areas of improvement in the communications and create new communications to address the identified areas of improvement.
Prompt
In this module, you have learned how to craft objective policing communications without bias. You will now apply this knowledge to identify mistakes in communication and create new communications that address those mistakes.
First, download the Module Three Practice Activity Template so you can fill it out. (The template is linked in “Guidelines for Submission” section.)
For each communication example in the template, identify what the mistake in the communication is, which may include biased, unclear, or missing information. (You will identify the mistake by copying text from the “Original Communication” column and pasting it into the “Communication Mistake” column.)
Then create a new communication that addresses the mistake you have identified for each example. Include only the text that would make up your new communication, which should be clear and should include all necessary information, with no bias.
Specifically, you must address the following rubric criteria:
Communication 1
Identify mistake in the communication.
Create a new communication to address the identified mistake.
Communication 2
Identify mistake in the communication.
Create a new communication to address the identified mistake.
Communication 3
Identify mistake in the communication.
Create a new communication to address the identified mistake.
Communication 4
Identify mistake in the communication.
Create a new communication to address the identified mistake.
Communication 5
Identify mistake in the communication.
Create a new communication to address the identified mistake.
Guidelines for Submission
This assignment must be completed using the Module Three Practice Activity Template Word Document.

For this assignment, you will review the hypothetical scenario and compose a 2-page paper in response.
Defendant: Alex Ashworth
Facts:
Alex was in his friend Allison’s home in Boulder, Colorado drinking straight vodka and doing drugs. Alex told Allison that he has not taken his prescribed mental health medications for two weeks. This did not concern Allison until Alex started discussing his plan to kill his father. Allison knew that without his prescribed medication, Alex could be psychotic. When Allison said she would call the police, Alex pulled a handgun out of his bag and threatened her with it. Allison, who feared for her life, fled from her home with the intention of going to a neighbor’s house to call the police. As soon as Allison left, Alex stuffed a rag in the half-empty vodka bottle, lit it, and tossed it on the couch as he left the dwelling. Allison’s dwelling went up in flames.
Alex then proceeded to the nearest convenience store, where, brandishing the weapon, he took money and cigarettes. Alex then drove to the home of his father, where he broke down the door by kicking it in and shot his father to death.
The local police arrived shortly after that to find Alex unconscious on the living room floor. When the police revived Alex, Alex said he had no memory of the last several hours. Local police took Alex to their headquarters in handcuffs, where they interrogated him. After 10 hours of interrogation, Alex confessed to killing his father. Local police, however, forgot to read Alex his Miranda rights.
This hypothetical was inspired by the crime spree of Allan Ashmoore.
https://abc30.com/news/shooting-suspect-talked-about-killing-his-father-da/2567137/
Assignment
In this assignment, you will be challenged to apply critical thinking skills to describe possible defenses for Alex Ashworth. In writing your paper, be sure to define and analyze the problem, examine potential defenses, and select the best two defenses. These will be based on a Colorado statute or the U.S. Constitution.
Be sure to consider the Colorado statutes regarding defenses to criminal liability
https://casetext.com/statute/colorado-revised-statutes/title-18-criminal-code/article-1-provisions-applicable-to-offenses-generally/part-7-justification-and-exemptions-from-criminal-responsibility
and the statute for impaired mental condition.
You may consider your textbook or other credible sources a constitutional defense.
Please discuss each defense using the FIRAC format. Include an introductory paragraph with the facts. Then for each defense, provide the issue, rule, analysis, and conclusion.
Your paper must be at least two full pages of content, excluding the title page and references.

As discussed, please extremely high Doctor of Philosophy in Criminal Law and Neuroanatomy standards are expected, on top of competing against other very highly academic PhD students in Law. Please also include a table of contents in this version. This is 1 of the 2 most important papers for me and the previous order was absolutely horrible!! (Also attached, but sounds like it was written by a 13-year-old and I had to teach another author how to do his job which he still couldn’t do for so many reasons). Top standards for post-graduate standards are essential, please. Very content-condensed plus extremely high levels of legal terminology and understanding, post-graduate sophistication, no gap-filling words, highly content-condensed/ professional legal terminology to the standards of a PhD student in Laws and Miscarriages of Justice, at the very least, please?
Please just ignore the Project Portfolio images and information in the “Child Abuse and Neglect Thesis Instructions” in the PDF, this one is the Thesis only with word limit adjustments. Thank you!!