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1) Identify two types of remedies against government wrongdoing and the differences between them, and give examples of each.
2) Identify and explain the rationales behind the three justifications for the exclusionary rule.  Which justification does the U.S. Supreme Court adopted to apply the deterrence justification?
3) State the narrow scope of the reasonable, good faith exception to the exclusionary rule.
Chapter 11
1) Summarize the Bivens v. Six Unnamed FBI Agents case, and explain its significance.
2) Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.
3) Identify two elements plaintiffs in 1983 actions against state and local law enforcement officers have to prove.
4) Identify and describe the stages, possible dispositions, and disciplinary actions in internal review procedures.
Chapter 12
1) List the reasons that affect whether police drop cases or take them to prosecutors.
2) List and explain the importance of the reasons behind the decision of prosecutors to charge, divert, or drop criminal cases.
3) Explain the difference between probable cause to detain a suspect and probable cause to go to trial.

 

193 Words  1 Pages

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Paper Instructions:

Need to state which question you are answering.
The focus is needed on the legal advice (see sample on WEB LEARN ) which means explaining the law on unfair dismissal (legislation and case law) + applying it to the case study + reaching relevant conclusions.  

Need to state which question you are answering.

The focus is needed on the legal advice (see sample on WebLearn) which means explaining the law on unfair dismissal (legislation and case law) + applying it to the case study + reaching relevant conclusions.  


Is this needed?


Gary Green, a 72-year old “Big Bang DIY” presenter at the All Generations Television (AG TV), has been working with the same media since 1981. Initial, his program was the central to the AG TV’s schedule due to the wider audience catchment and popularity, also coined by Gary’s expertise. However, in the recent past the media house been facing an economic recession and declining interest in its programs. The reason attributed to the down include his sexist standpoint, old ways of doing things and failure to embrace the new technology. Also important, Gary’s viewers lately never approved of Gary’s personality and broadcasting style since they felt he was no longer at the top of his game (Porter, 2011).



Research indicated that he if the media house has to restore its lost glory, it needed to have technology enthusiastic presenters, able to attract a wider audience regarding Page 3 of 6 viewership, and importantly, one able to explain the technical content to the public. Failure to possess such personalities prompted Gary’s dismissal.



Gary has been an employee at the AG TV from 1981 and current 72 years old. Upon the consideration, Gary was never given an opportunity to defend himself. Central to the dismissal charges, Gary has been dismissed while on vacation at Jamaica on a phone call. No financial compensation has been discussed in agreement with the Fair Work Act 2009. Also, according to the Employment Rights Act 1996, on constructive dismissal grounds, the employer can dismiss the employee upon the expiry date of the contract or any other potentially fair reasons (Brown et al., 2000, pp.611-629).  


All qualification requirements (unfair dismissal) need to be addressed + legislation + case law + apply+conclusions


This not relevant to unfair dismissal claim

Also, in agreement with the Equality Act 2010, employers cannot automatically discriminate their employees on the grounds of age (Lockwood et al., 2012, pp.182-183).

It is true that Gary has superseded the standard retirement age, but AG TV should have reasonably allowed Gary to defend himself. One could argue that it is not entirely based on the age, but rather basically because of the deteriorating revenues of the company.


S.98(1-3) - potentially fair reasons need to be addressed more in detail + case law + APPLY + conclusions


The focus on the law is needed.

The dismissal harbors several loopholes and therefore AG TV need to reconsider its decision. Firstly, according to the Employment Rights Act 1996, Part X on grounds of unfair dismissal, the television station should have let Gary understand the circumstances that could lead to the termination of his employment and the effective date as well. The impromptu dismissal is unfair. As a long term employee at AG TV, one could believe that Gary entirely depended on his job for a living. Therefore, this leaves him hopeless as there is no sure way of getting an alternative job to sustain his livelihood. Had they discussed this before the termination of his employment, just maybe he could not have opted to lodge a lawsuit. At the moment, the station aims to restore its revenues. A lawsuit would leave it with no option, but spend even more. Worst still, if the court rules in his favor, the company would be forced to compensate him heavily. It could result in more expenditures.


s.98(4) - reasonableness of the dismissal needs to be addressed + case law + relevant case law tests + apply + conclude


Procedural fairness needs to be addressed in detail (The Code, legoslation + case law + apply + conclusions)

Not relevant to the unfair dimissal claim (to be removed)


Moreover, Gary in his claims asserts that the media station terminated his job on age discriminatory grounds. According to the Equality Act 2010, an employer cannot dismiss their employees by age if they still inhabit competence. In Seldon v Clarkson Wright & Jakes, the tribunal of employment held that there was no evidence that the performance of the employees diminishes by the time one approaches 65 years or even more. Other than Gary’s sexist standpoint and just maybe old fashion of doing things, the company could not substantially support the claim that the complainant’s performance had deteriorated. In this regard, the company should be aware that Gary potentially has a case.



Additionally, the fact in the event of dismissal the media house did not discuss the remuneration compensation predisposes the claims into a lawsuit. Regarding the Fair Work Act 2009, the employers needed to discuss with the employee on the benefits and compensation he would receive following the long-term partnership they had had (Creighton and Stewart, 2005: pp.105-108). Alternatively, the AG TV should suggest other offers available to him if it actively propositioned that it had to replaces his position. The fact that so this had not been discussed makes it ground Gary to have a case against AG TV.

The media house could need satisfactorily explain the reason for dismissing Gary in a round-table discussion. Based on the Employment Rights Act 1996, Part X (105) on redundancy, it is not clear that it is only Gary who must have led to the revenue downfall of the company. 

Therefore, it could be fair if AG TV reconsiders its position. AG TV as well should reconsider the terms of the contract between them. It could act as a benchmark of solving the problem as a whole.

Clear legal advice is needed as based on the relevant law + remedies (unfair dismissal)

Very disappointing attempt.

Need to focus on the chosen question!

You must explain the legal issues relating to the unfair
dismissal claim and advise the Board whether or not Gary potentially has
a case.

point to remember 
Does the employee qualify? üWas there a dismissal? üReasons for the dismissal (potentially fair or automatically unfair?) üReasonableness of the dismissal – did it fall within the range of reasonable responses? üFair procedure followed? üRemedies?


THE CASE STUDY


CASE STUDY – All Generations TV
Gary Green is the presenter of All Generations TV’s (AG TV) prime DIY programme
"Big Bang DIY". Gary is 72 and he has been working for AG TV since 1981. Gary’s
DIY show has been a central part of AG TV’s schedule and he is well known both for his DIY expertise and for his quirky style of presenting. In addition, he has his own distinctive style of dress and is known for his outspoken views. In particular his sexist views are perceived as offensive by his female colleagues, some of whom refuse to work with him. As a high profile celebrity Gary has made several
appearances on various well-known reality shows, during which he has expressed sexist views. He describes the reality TV shows as ‘pantomime’ and his role in them as ‘pantomime villain’. Although the management at AG TV disapproved of these appearances, his line manager never discussed them with him. Nevertheless, Gary’s broadcasting days have recently been significantly reduced.

The company has experienced a drop in advertising revenue as a result of the
economic recession and declining interest in its programmes. Anne Johnson, the
executive producer, is under pressure from the station’s owner Nick Small to improve the audience ratings of their programmes whilst keeping costs down. She thinks that refreshing some of the programmes and cutting the staff wage bill is the most effective way of keeping the business healthy. Anne informs the producer of "Big Bang DIY" that the format of the show needs to be refreshed before the audience gets completely bored with it.

After conducting the necessary market research, management concluded that in
order to survive and flourish "Big Bang DIY" needed to grow a wider audience whilst not losing its core viewing audience (identified from demographic data as
predominantly male and aged over 55.). Their aim was to create a personality driven programme based around a presenter who would attract a general audience with a limited knowledge of DIY and who would be able to explain technical content in an accessible way. They considered Gary’s outspoken views, his ‘old ways of doing things’, his refusal to use the latest technology and the ever declining popularity of his DIY programme and decided that a new production and a new type of relationship with the viewer was needed, probably involving a different presenter. Independent market research subsequently confirmed that viewers no longer found Gary’s personality and broadcasting style appealing.
Since Gary was no longer perceived by viewers as being at the top of his game, the management decided that the way forward to make the programme more popular was to engage the services of a talented new presenter who was not afraid of the latest technology and was able to attract wider audiences without alienating the core  Page 3 of 6 viewership. AG TV announced that Rickey Showman - a 30 year-old model and former presenter on the leading DIY shopping channel - was to be the new presenter on "Big Bang DIY".

On advice from the HR department, it was decided that, considering Gary’s difficult
character and his attachment to ‘the old ways’, it was very unlikely he could change his views or his broadcasting style and therefore the matter was not discussed with him. Whilst on holiday in Jamaica Gary received a telephone call from AG TV informing him that, because of falling revenues, drastic steps needed to be taken to address the declining popularity of his programme and therefore his services were no longer required. When Gary’s broadcasting style and strong views were mentioned the call became heated and the conversation was terminated. AG TV has recently received an ET1 form in which Gary claims that he has been unfairly dismissed and discriminated against because of age.

You are required to answer ONE question (word limit: 1,000 words).

Question 1

Advise the Board of Directors of AG TV on the merits of Gary’s unfair
dismissal claim. You must explain the legal issues relating to the unfair
dismissal claim and advise the Board whether or not Gary potentially has
a case.
In your answer you are required to refer to the relevant legislation and Case law

1794 Words  6 Pages

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The differences in face to face and online education in the prison system and how it might affect recidivism

28 Words  1 Pages

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Paper Instructions:

money laundering has been called the world’s third largest business. Discuss the overall impact that money laundering has had on the world’s financial systems. Next, give your opinion of whether or not the laws in place to combat such crime are efficient. Justify your response.

54 Words  1 Pages

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Paper Instructions:

Research domestic violence in other countries and write an essay on how other counties are addressing the issue of domestic violence. Did you discover any components you think would be advantageous to introduce into the United States? 

Write a 1,000-word essay on the subject of domestic violence around the world. Include a minimum of four sources, not including your textbook. Cite your sources in APA format.

76 Words  1 Pages

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Paper Instructions:

Two teenagers, Tim Barns and Jack Carter, were charged with murder. It was alleged that they kidnapped two 10-year-old boys. They beat and tortured the boys, before killing them. The victims were found in a wooded area, just outside of town.

During the initial investigation, police felt there was evidence of “cult” activity, as the scene where the boys’ bodies were discovered indicated that this may have been some type of “sacrifice.” This directed their attention to the two local teenagers, due to their clothing, tattoos, and general appearance; they also listened to heavy metal music. They stood out from the rest of the small community, which was much more conservative.

The police pressed the younger of the two teenagers, Jack, into a confession. They did not obtain written permission from the Jack’s father to interview him, which is required. Afterwards, a local criminal defense attorney took up the case, pro bono.

At trial the prosecution presented this confession, along with some physical evidence (clothing/fibers from the boys’ homes/things) that were arguably similar to fibers found at the scene. No other specific DNA evidence tied the defendants to the scene of the crime.

There were also two witnesses who said that they overheard the two teenagers discussing the fact that they committed the murder and would commit additional murders. However, under cross examination, their testimony was not consistent with other facts. No witnesses could place them in the area of the incident on the day in question.

Despite the efforts of the defense attorneys, the judge ruled in favor of the prosecution on several key evidentiary matters. The jury convicted the two of murder. Tim, being 18 years old at the time of the crime, was sentenced to death; 16-year-old Jack, whose confession was used to convict them, received a life sentence.

Part 1 – Initial investigation and trial

What’s the function of the criminal courts in society?
What are the roles of the prosecuting attorney and the defense attorney in a criminal case? What do they do? What is their obligation? Tie this discussion into the specifics of the hypothetical case.
Are we seeing the adversarial model or the consensual model at work in this case? Is this protecting due process rights or focusing more on crime control?
Part 2 – Jury Decision

What is the function of the criminal court jury?
Discuss three reasons for the importance of juries in American society.
Analyze the role that a jury plays in society, and discuss whether you believe that juries are generally successful in performing their intended function. Was the jury successful here?
Part 3 – Appeal

After 6 years in jail and maintaining their innocence, the two defendants successfully appealed their convictions, based on new evidence. Before a new trial, they enter an Alford plea. This plea means that they admit that the prosecutor may have sufficient evidence to support the elements of the crime, but they do not admit that they committed the crime. The prosecution and the judge accepted the plea, and sentenced the men to 3 years in prison, but with 6 years of time served, they were released.

Did the prosecution and defense do their job well at trial? Does this work lead to negative impressions of the legal professional? How might this case highlight some of the reason discussed in your text about why people have negative impressions of attorneys? Note at least 3 different reasons for negative impressions of attorneys. How might the public view the work of either of the sides in a positive light? Explain.

Compare and contrast the reasons that a defendant may have for favoring a plea bargain versus that of the prosecutor. Should we permit Alford pleas? Why or why not? For some assistance on this final aspect of the project, 

please review the following article: http://www.pbs.org/wgbh/pages/frontline/shows/plea/four/nolo.html#65. Do you favor the proceduralist approach or the substantive values approach, suggested by the author? Explain your response.

This project should be 6 pages in length (roughly 1500 words, excluding cover page and references). You will use the chapter reading and at least four outside authoritative sources (including the article provided) to help support your analysis.

 

708 Words  2 Pages

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how victimhood is portrayed in the Ishiguro's novel Never Let Me Go.
shed light on the idea of marginality an connect it to Homo Sacer for Georgia Agamben.
apply Foucault's Governmentality 
how is the whole novel is connected to Thatcherism, consider "Victorian Value"

 

52 Words  1 Pages

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Paper Instructions:

Week 5 Domestic Violence Music Playlist

Domestic violence videos can generate a very emotional response. Explain how music can influence society's view of domestic violence. What does the research say? Provide a 750-word, double-spaced essay on your findings. Include a minimum of three sources, not including your textbook. Include a works cited page. Cite your sources in APA format.

68 Words  1 Pages

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Paper Instructions:

"Uniform Crime Report (UCR) Crimes Scenario"  Please respond to the following:

•The scenario depicted your first week as an intern in the law enforcement profession. In your first week, you were exposed to a cursory view of statistics in your new department. In addition, you had the opportunity to take a statement from a victim of a crime. Within this scenario, you were presented with a number of issues with which you might be concerned regarding the statistical information and the crime in general. Use the information from the scenario to answer the following questions: 
◦From the general statement taken from the victim of a crime and from the reading, identify and explain what crimes were committed in this offense. Identify and explain the Uniform Crime Report and the hierarchy rule.  Determine what an index crime is, which one is an index offense and how they are reported to the Uniform Crime Report, based on the hierarchy rule. 
◦Based upon the statistics of the community that you observed in your conference with the Sergeant, state whether or not the reporting of this crime is consistent with the statistical trends for the jurisdiction and explain and justify your answer.

 

207 Words  1 Pages

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Paper Instructions:

Please see the e-Activity - "The Stanford Prison Experiment" to answer these questions:  

•Identify and explain at least two ethical dilemmas that the participants faced.  
•Determine how the ethical dilemmas that you identified in part one of this discussion relate to criminal justice employees (law enforcement/courts/ corrections) and the challenges that they face today.      
Watch the video titled “The Stanford Prison Experiment” (13 min 41 s) located here. Be prepared to discuss.

Watch Video 
Watch Video
The Stanford Prison Experiment
Duration: (13:41)
User: heroicimaginationtv - Added: 8/20/11

YouTube URL: http://www.youtube.com/watch?v=sZwfNs1pqG0
  www.youtube.com/watch?v=sZwfNs1pqG0

 

104 Words  1 Pages

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Paper instructions:

"The Criminal Justice Process"

•Go to the Lawyers Website and review the article titled, “The Criminal Justice Process,” located at http://criminal.lawyers.com/criminal-law-basics/the-criminal-justice-process.html. Determine the three (3) most important areas of the criminal justice process. Provide support for your rationale on why you feel that they are vital as they relate to the criminal justice process

67 Words  1 Pages

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Paper Instruction:

"Victim and Suspect Typologies Scenario" Please respond to the following:

•Considering the nature of victimization and the victim’s interview, give your opinion on whether or not she seems to be the “typical victim”. Explain why or why not. Identify and explain the theories in the text reading that may begin to describe her victimization in this instance. Identify the costs in this victimization. 
•Based on the information given by the suspect involved in the robbery from Week 1, determine if the suspect fits the given typologies for offenders from Chapter 3. Identify the similarities and differences. Consider the institutions that have been viewed as associated with criminality, and note the distinctions of social institutions given by the suspect. Describe how this affects the emergence of offending behavior in this suspect

139 Words  1 Pages

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Paper instructions:

"The Economy's Impact on Crime" Please respond to the following:

•From the first e-Activity, analyze the impact the economy has on crime (economic theory) and how it is used to explain the causes of crime. Justify your answer. 
•Discuss whether or not you agree with the video-suggested causes of crime. Justify your response with citations and research

    E-activity video
YouTube URL: http://www.youtube.com/watch?v=5xExwgTGEtU
Watch the video titled “The Economy’s Impact on Crime” (01 min 50 s) located here. Be prepared to discuss.

Watch Video 
Watch Video
The Economy's Impact On Crime

101 Words  1 Pages

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