7-2 Project Two

melliemel84

Please see the attached below for assignment details.

  • 8 months ago
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CJ230ProjectTwoTemplate.docx

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CJ 230 Project Two Template Memo to the Judicial Ethics Advisory Committee

Complete this template by replacing the bracketed text with the relevant information.

To: Judicial Ethics Advisory Committee

From: [Your Name]

Date: [Date]

Subject: Discretionary Actions of Judge

I am the public representative of Emily Doe and her family. I am writing to express concern regarding the discretionary decisions and actions made by the judge in the recent conviction of the defendant in Miss Doe’s case. I would like to express my concern regarding the following:

[Explain parts of the decision-making process in which discretion can be applied in accordance with law and policy. Answer the following questions in your explanation:

What laws or policies may influence criminal justice professionals (in this scenario, the judge) to reach decisions in the stages of the criminal justice process (arrest, indictment, conviction)?

How does discretion impact the decisions made in accordance with law and policy?]

[Analyze discretionary decisions made by criminal justice professionals. Address the following in your analysis:

What decisions were made by the judge?

Who is affected by the decisions?

Do they have negative or positive impacts?]

[Identify specific steps in the discretionary decision-making process that may lead to negative and legal impacts. Address the following in your identification:

What are the specific steps in the discretionary decision-making process that may lead to negative impacts?

Could the judge have done anything differently in a specific step to have made a positive impact?]

[Describe the role discoverability plays in the decision-making documentation process:

What role did discoverability play in this process?

Which step in the decision-making process does discoverability fall under?]

Sincerely,

[Your Name]

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CJ230ProjectTwoScenario.pdf

CJ 230 Project Two Scenario A student from an elite educational institution in California has been arrested, charged, and convicted of a sexual assault for engaging in a sexual act with an unconscious victim. The defendant was identified by two individuals who witnessed the defendant engaging in the sexual act. The results of the victim’s sexual assault examination at the hospital showed bruising around the neck and genital areas. Prior to sentencing, the defendant’s family made a point to the court that the defendant’s life should not be ruined by “moments of sexual activity.” While the prosecution recommended a sentence of six years in state prison for the crime, the pre-sentencing report from probation recommended a jail sentence of less than a year of confinement. The judge, an alumnus of the same elite institution, ordered a jail sentence of six months with a lifetime registration as a sex offender. The victim’s family is not satisfied with the judge’s ruling. As the public representative of the victim’s family, you are asked to compose a memo to be submitted to the Judicial Ethics Advisory Committee regarding the actions and discretionary decisions made by the judge. California Penal Code Section 261(a)(2-4) states the following:

(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. Unless otherwise noted, rape is punishable by imprisonment for 3, 6, or 8 years, as well as a fine not to exceed $70 (to be paid towards AIDS education).

References California Legislative Information. (2013). Penal Code Section 261. Retrieved from

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN Leagle. (2019). People v. Turner. Retrieved from https://www.leagle.com/decision/incaco20180808037

ProjectTwoGuidelinesandRubric.html1.zip

Project Two Guidelines and Rubric.html

CJ 230 Project Two Guidelines and Rubric

Competency

In this project, you will demonstrate your mastery of the following competency:

  • Describe best practices used in discretionary decision making

Scenario

You are the public representative of a rape victim’s family. The judge ordered a jail sentence of six months with a lifetime registration as a sex offender for the defendant. The family is not satisfied with the judge’s ruling. You have been asked to write a memo to be submitted to the Judicial Ethics Advisory Committee. Using the full scenario and the template (both linked in the Supporting Materials section), compose a memo regarding the actions and discretionary decisions made by the judge.

Directions

You will be creating a written memo to submit to the head of the Judicial Ethics Advisory Committee. Your memo should have all sections identified and should address all of these required elements:

  1. Explain parts of the decision-making process in which discretion can be applied in accordance with law and policy. Answer the following questions in your explanation:
    • What laws or policies may influence criminal justice professionals (in this scenario, the judge) to reach decisions in the stages of the criminal justice process (arrest, indictment, conviction)?
    • How does discretion impact the decisions made in accordance with law and policy?
  2. Analyze discretionary decisions made by criminal justice professionals. Address the following in your analysis:
    • What decisions were made by the judge?
    • Who is affected by the decisions?
    • Do they have negative or positive impacts?
  3. Identify specific steps in the discretionary decision-making process that may lead to negative and legal impacts. Address the following in your identification:
    • What are the specific steps in the discretionary decision-making process that may lead to negative impacts?
    • Could the judge have done anything differently in any specific step to have made a positive impact?
  4. Describe the role discovery plays in the decision-making documentation process.
    • What role did discovery play in this process?
    • Which step in the decision-making process does discovery fall under?

What to Submit

To complete this project, you must submit the following:

Memo to the Judicial Ethics Advisory Committee Using the scenario and template linked in the Supporting Materials section, create a written memo regarding the judge and practices used in discretionary decision making. The statement should address the rubric criteria listed above: discretion, law, and policy; analyzing discretionary decisions; impacts of steps in the decision-making process; and discovery.

Your submission should be a 2- to 3-page Word document with 12-point Times New Roman font, double spacing, and one-inch margins. Any sources should be cited according to APA style.

Supporting Materials

The following resources support your work on the project:

Document: Project Two Scenario PDF Base your work on this scenario.

Document: Project Two Template Word Document Download this template and use it to create your memo.

Project Two Rubric

Criteria Exceeds Expectations (100%) Meets Expectations (85%) Partially Meets Expectations (55%) Does Not Meet Expectations (0%) Value
Clear Communication Exceeds expectations with an intentional use of language that promotes a thorough understanding Consistently and effectively communicates in an organized way to a specific audience Shows progress toward meeting expectations, but communication is inconsistent or ineffective in a way that negatively impacts understanding Shows no evidence of consistent, effective, or organized communication 15
Discretion, Law, and Policy Exceeds expectations in an exceptionally clear, insightful, sophisticated, or creative manner Explains parts of the decision-making process in which discretion can be applied in accordance with law and policy Shows progress toward meeting expectations, but with errors or omissions; areas for improvement may include additional details or clarification explaining parts of the decision-making process in which discretion can be applied in accordance with law and policy Does not attempt criterion 20
Analyzing Discretionary Decisions Exceeds expectations in an exceptionally clear, insightful, sophisticated, or creative manner Analyzes discretionary decisions made by criminal justice professionals Shows progress toward meeting expectations, but with errors or omissions; areas for improvement may include additional details or clarification analyzing discretionary decisions made by criminal justice professionals Does not attempt criterion 30
Impacts of Steps in the Decision-Making Process Exceeds expectations in an exceptionally clear, insightful, sophisticated, or creative manner Identifies specific steps in the discretionary decision-making process that may lead to negative and legal impacts Shows progress toward meeting expectations, but with errors or omissions; areas for improvement may include additional details or clarification identifying steps in the decision-making process or whether the judge could have done anything differently in a specific step Does not attempt criterion 20
Discovery Exceeds expectations in an exceptionally clear, insightful, sophisticated, or creative manner Describes the role discovery plays in the decision-making documentation process Shows progress toward meeting expectations, but with errors or omissions; areas for improvement may include additional details or clarification describing the role discovery plays in the decision-making process Does not attempt criterion 10
Citations and Attributions Attributes sources where applicable using citation methods with very few minor errors Uses citation for ideas requiring attribution Attributes sources where applicable, but with major errors Does not attribute sources where applicable 5
Total: 100%

Course Documents/CJ 230 Project Two Scenario.pdf

CJ 230 Project Two Scenario A student from an elite educational institution in California has been arrested, charged, and convicted of a sexual assault for engaging in a sexual act with an unconscious victim. The defendant was identified by two individuals who witnessed the defendant engaging in the sexual act. The results of the victim’s sexual assault examination at the hospital showed bruising around the neck and genital areas. Prior to sentencing, the defendant’s family made a point to the court that the defendant’s life should not be ruined by “moments of sexual activity.” While the prosecution recommended a sentence of six years in state prison for the crime, the pre-sentencing report from probation recommended a jail sentence of less than a year of confinement. The judge, an alumnus of the same elite institution, ordered a jail sentence of six months with a lifetime registration as a sex offender. The victim’s family is not satisfied with the judge’s ruling. As the public representative of the victim’s family, you are asked to compose a memo to be submitted to the Judicial Ethics Advisory Committee regarding the actions and discretionary decisions made by the judge. California Penal Code Section 261(a)(2-4) states the following:

(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the following conditions:

(A) Was unconscious or asleep.

(B) Was not aware, knowing, perceiving, or cognizant that the act occurred. Unless otherwise noted, rape is punishable by imprisonment for 3, 6, or 8 years, as well as a fine not to exceed $70 (to be paid towards AIDS education).

References California Legislative Information. (2013). Penal Code Section 261. Retrieved from

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=261.&lawCode=PEN Leagle. (2019). People v. Turner. Retrieved from https://www.leagle.com/decision/incaco20180808037

Course Documents/CJ 230 Project Two Template.docx

SNHU logo

CJ 230 Project Two Template Memo to the Judicial Ethics Advisory Committee

Complete this template by replacing the bracketed text with the relevant information.

To: Judicial Ethics Advisory Committee

From: [Your Name]

Date: [Date]

Subject: Discretionary Actions of Judge

I am the public representative of Emily Doe and her family. I am writing to express concern regarding the discretionary decisions and actions made by the judge in the recent conviction of the defendant in Miss Doe’s case. I would like to express my concern regarding the following:

[Explain parts of the decision-making process in which discretion can be applied in accordance with law and policy. Answer the following questions in your explanation:

What laws or policies may influence criminal justice professionals (in this scenario, the judge) to reach decisions in the stages of the criminal justice process (arrest, indictment, conviction)?

How does discretion impact the decisions made in accordance with law and policy?]

[Analyze discretionary decisions made by criminal justice professionals. Address the following in your analysis:

What decisions were made by the judge?

Who is affected by the decisions?

Do they have negative or positive impacts?]

[Identify specific steps in the discretionary decision-making process that may lead to negative and legal impacts. Address the following in your identification:

What are the specific steps in the discretionary decision-making process that may lead to negative impacts?

Could the judge have done anything differently in a specific step to have made a positive impact?]

[Describe the role discoverability plays in the decision-making documentation process:

What role did discoverability play in this process?

Which step in the decision-making process does discoverability fall under?]

Sincerely,

[Your Name]

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