{"id":132638,"date":"2023-09-12T02:15:29","date_gmt":"2023-09-12T02:15:29","guid":{"rendered":"https:\/\/assignmenttutors.net\/blog\/case-criminal-homework-help\/"},"modified":"2023-09-12T02:15:29","modified_gmt":"2023-09-12T02:15:29","slug":"case-criminal-homework-help","status":"publish","type":"post","link":"https:\/\/assignmenttutors.net\/blog\/case-criminal-homework-help\/","title":{"rendered":"Case | Criminal homework help"},"content":{"rendered":"
\n

CRM 123 \u2013 Case Analysis Instructions <\/p>\n

Purpose
\nThe goals of this assignment are to provide a valuable skill and to assess your ability to comprehend and
\napply case law. Reading, briefing, and applying what you are reading in your textbook and learning in the
\nmodules are effective ways to become literate in the process of the U.S. legal system. <\/p>\n

Conducting an Analysis
\nBefore making and defending a decision, you must be familiar with the relevant law. For our purposes,
\nyour textbook and course material provide all the legal concepts needed to apply the law to a factual
\nsituation. Once you are familiar with the general content of the chapter, you should be able to recognize
\nthe issue involved in a case and find the legal concepts that will help you decide the case. For your
\nreference, a sample analysis is provided at the end of this document. <\/p>\n

First, you will read the assigned fact patterns (provided via a link in the module). Then, you will complete
\nan analysis for all fact patterns presented. Each analysis should contain the following: <\/p>\n

1. The main issue. Identify and write (in your own words, at least 50% original) the central issue to be
\ndecided. As much as possible, set the issue in legal terms and concepts. <\/p>\n

2. Relevant legal concepts quoted from textbook court opinions. Search the assigned chapter for legal
\nconcepts that will help you decide and justify your decision. Once you find the quotations you wish to use,
\ncopy them into the appropriate places in your analysis. <\/p>\n

3. Relevant case law quoted from the textbook. <\/p>\n

4. Rationale. Write (in your own words, at least 50% original) a complete explanation about how you
\nused the legal concepts you cited to make a decision about how the case should be resolved. <\/p>\n

5. Ruling. Describe (in your own words, at least 50% original) what should happen to the parties involved
\nas a result of your decision. <\/p>\n

Submit your Case Analysis to the Assignment box no later than Sunday 11:59 PM EST\/EDT of the
\nassigned module. (The Assignment box for these assignments maybe linked to Turnitin.) <\/p>\n

Grading Rubric <\/p>\n

Ratings:
\nExceptional corresponds to an A (90-100). Performance is outstanding; significantly above the usual
\nexpectations. <\/p>\n

Proficient corresponds to a grade of B- to B+ (80-89%). Skills are at the level of expectation. <\/p>\n

Basic corresponds to a C- to C+ (70-79%). Skills are acceptable but improvements are needed to meet
\nexpectations well. <\/p>\n

Novice corresponds to a D to D+ (60-69%). Performance is weak; the skills are not sufficiently
\ndemonstrated at this time.
\n0 This criterion is missing or not in evidence. <\/p>\n

Criteria
\nRatings\n<\/p>\n

0 Novice Basic Proficient Exceptional\n<\/p>\n

Correctly framing the specific legal question
\nto be decided <\/p>\n

12-13 14-15 16-17 18-20\n <\/p>\n<\/p><\/div>\n

\n

Identifying and quoting relevant material from
\nthe assigned chapter\n<\/p>\n

12-13 14-15 16-17 18-20 <\/p>\n

Correctly applying the cited legal concepts to
\nyour decision <\/p>\n

12-13 14-15 16-17 18-20 <\/p>\n

The insightfulness and organization of your
\nrationale\n<\/p>\n

12-13 14-15 16-17 18-20 <\/p>\n

Originality and writing quality 12-13 14-15 16-17 18-20 <\/p>\n

Total 100\n<\/p>\n

Academic Honesty
\nThis assignment should include your original work and be treated as a take-home examination. You may
\ncopy legal concepts and case law from the textbook into the \u201cRelevant legal concepts\u201d and \u201cRelevant
\ncase law\u201d sections, but the rest should be written \u201cin your own words\u201d (at least 50% original). The
\nDropboxes for all Case Analyses are linked to Turnitin, and each submission will be scanned for
\noriginality. Substantial overlap with the writing of other students constitutes academic dishonesty and will
\nresult in appropriate sanctions. <\/p>\n

Sample Analysis Using Headings <\/p>\n

Main Issue (your own words)
\nHas the State of Kentucky violated procedural due process by depriving inmates of a protected liberty
\nright to prison visitors with our a hearing to challenge a visitor who is banned? <\/p>\n

Relevant Legal Concepts From Text (quoted from textbook opinions)
\nProcedural Due Process – 14th Amendment \u2013 Section 1. \u201c…nor shall any state deprive any person of life,
\nliberty, or property, without due process of law; …\u201d (pp. 23 & A-2) <\/p>\n

Relevant Liberty Definition: \u201c…a vast scope of personal rights. It also infers the absence of arbitrary and
\nunreasonable government restraints. (p. 24) <\/p>\n

\u201cThe due process guarantee protects people from unfairness in the operation of both substantive and
\nprocedural law.\u201d Procedural law prescribes the method used to enforce legal rights. It provides the
\nmachinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.\u201d
\n(p. 24). <\/p>\n

Since procedural due process rights cost the government time and money: \u201cCourts generally therefore
\ngenerally try to balance accuracy against its cost on a case-by-case basis.\u201d <\/p>\n

Relevant case law from text:\n<\/p>\n

Melinda Speelman v. Bellingham Housing Authority \u201cFinally, \u2026 both the parties and the public have an\n<\/p>\n

interest in ensuring that BHA administers its programs lawfully, Contrary to \u2026 contention, Speelman is\n<\/p>\n

not asking for an exception to be applied to her case. She is asking that she be given the process due\n<\/p>\n

her and everyone else in her situation. Therefore, the equities favor granting Speelman a preliminary\n<\/p>\n

injunction.\u201d (p.38)\n<\/p>\n

Rationale (your own words):\n<\/p>\n

Since BHA was aware that Speelman was in jail, they had an obligation to do more, even though they\n<\/p>\n

reasonably attempted to reach Speelman. She was entitled to more due to the unusual set of\n<\/p>\n

circumstances presented in the case and the failure to take additional action to properly serve Speelman <\/p>\n<\/p><\/div>\n

\n

deprived her of her constitutionally guaranteed due process rights and she was put in a position of facing\n<\/p>\n

eviction without benefit of a hearing.\n<\/p>\n

\nRuling (your own words)
\nThe State of Kentucky need not provide hearings for denial of inmate visitors. <\/p>\n

Sample Case Analysis in Essay Style <\/p>\n

The main issue in this case is whether the State of Kentucky violated procedural due process by
\ndepriving inmates of a protected liberty right to prison visitors, without a hearing to challenge a visitor who
\nis banned. <\/p>\n

This is a due process case. Procedural Due Process is in the 14th Amendment \u2013 Section 1. \u201c…nor shall
\nany state deprive any person of life, liberty, or property, without due process of law…\u201d (pp. 28 & 671). The
\nrelevant definitions here is the definition of liberty: \u201c…a vast scope of personal rights. It also infers the
\nabsence of arbitrary and unreasonable government restraints. (p. 29) <\/p>\n

\u201cThe due process guarantee protects people from unfairness in the operation of both substantive and
\nprocedural law.\u201d Procedural law prescribes the method used to enforce legal rights. It provides the
\nmachinery by which individuals can enforce their rights or obtain redress for the invasion of such rights.\u201d
\n(p.29) Since procedural due process rights cost the government time and money: \u201cCourts generally
\ntherefore generally try to balance accuracy against its cost on a case-by-case basis. <\/p>\n

The Court examined this issue in Connecticut Department of Public Safety v. John Doe, stating \u201cIn cases
\nsuch as Washington v. Constantineau (1971) and Goss v. Lopez (1975) we held that due process
\nrequired the government to afford the plaintiff a hearing to prove or disprove a particular set of facts.\u201d
\nHowever, \u201c…a convicted offender has already had a procedurally safeguarded opportunity to contest.\u201d
\n\u201cPlaintiffs who assert a right to a hearing under the Due Process Clause must show that the facts they
\nseek to establish in that hearing are relevant under the statutory scheme.\u201d (p. 46) <\/p>\n

Since the State of Kentucky had \u201c…established regulations to guide prison officials in making visitation
\ndecisions,\u201d one could argue that an inmate\u2019s liberty to have visitors has been recognized. It could be
\nfurther argued that denial of a hearing to challenge the finding that a specific visitor could be barred is
\nprotected by due process. However, conducting court hearings requiring an adversary proceeding could
\nbe unduly burdensome of the state and the liberty of an inmate has been deprived initially in a
\nprocedurally safeguarded hearing. Deprivation of the liberty of convicted inmates to have specific visitors
\nis outweighed by the burden of conducting such hearings. <\/p>\n

The court should rule in favor of the State of Kentucky.\n<\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

CRM 123 \u2013 Case Analysis Instructions Purpose The goals of this assignment are to provide a valuable skill and to assess your ability to comprehend and apply case law. Reading, briefing, and applying what you are reading in your textbook and learning in the modules are effective ways to become literate in the process of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[],"class_list":["post-132638","post","type-post","status-publish","format-standard","hentry","category-education"],"_links":{"self":[{"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/posts\/132638","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/comments?post=132638"}],"version-history":[{"count":0,"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/posts\/132638\/revisions"}],"wp:attachment":[{"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/media?parent=132638"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/categories?post=132638"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/assignmenttutors.net\/blog\/wp-json\/wp\/v2\/tags?post=132638"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}