see the attachments to know how you have to do the paper and see the 2 links video

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Criminal
Procedure

10th Edition

Joel Samaha

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Preview of Criminal Procedure in the age of the Digital Revolution

Chapter 1

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Procedure Snapshots, 2014–2016

• Ferguson, MO police shooting, August 9, 2014
• Paris, France ISIS attack, November 3, 2015
• Malheur National Wildlife Refuge occupation near Burns, Oregon, February 1, 2016
• Risk of death or serious injury from a terrorist attack, November 23, 2015
• Picture of the Digital Age (table provided)
• Apple, Inc: A Letter to Our Customers, February 16, 2016

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Procedure Ideals in the Real World (Slide 1 of 3)

• Balancing: Securing public safety for the whole community while protecting the liberty and privacy of every individual
• Proportionality: Using no more state power and resources than are needed to prevent, investigate, prosecute, sentence, and review official actions taken to provide for the ideals of public safety and individual autonomy.

© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Procedure Ideals in the Real World (Slide 2 of 3)

• Equal justice: Impartial treatment of innocent and guilty individuals by law enforcement, prosecutors, and judges
• Accuracy: Avoiding “errors of justice”
• “Harassing and sanctioning innocent people”
• “Failure to sanction culpable offenders.”

© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Criminal Procedure Ideals in the Real World (Slide 3 of 3)

• Evidence-based decision making: Relies on two types of evidence:

Legal evidence

Empirical evidence: Basic research and policy research

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

• U.S. v Apple, Inc. (2016) – The “balancing” ideal is explored through an extensive study of this current case.
• Fred Kaplan described it as “a fight to the finish over lofty principles and national values, involving not just this company and this bureau but all of Silicon Valley and the entire realm of U.S. intelligence gathering”
• The FBI, NSA, etc., maintain that if Apple wins, the fight against terrorists and other criminals is threatened.
• Apple vs the FBI: Inside the Battle Snowden Calls “The Most Important Tech Case in a Decade”
• https://youtu.be/SGCSy2Ogoa4

U.S. v. Apple

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

The Case Enters the
Criminal Process

• The Case Enters the Criminal Process – Three documents/motions included in the text:

The Order – Judge Pym’s order to compel Apple Inc. to help the government break into Syed Farook’s IPhone is printed in full.

FBI Motion to Compel Apple to Comply

Apple, Inc.’s Motion to Vacate the Order Compelling Apple to Assist the FBI

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

March 22 Hearing

• The March 22 hearing on these “brilliantly argued motions” did not take place
• The Government broke into Farook’s iPhone without Apple’s help (with the help of an “undisclosed private entity”)

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

The Balancing Ideal

• Balancing community security and public safety on one side and individual privacy on the other in the rapidly growing and changing technology of the digital age is a huge challenge.
• At the process end of the balance is a commitment to dealing fairly with suspects, defendants, and offenders.
• Balancing result and process is not always comfortable and is often controversial

© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

Class Discussion

• Why is it important to balance community safety and individual autonomy?
• Which is more important—community safety or individual autonomy?
• Are there circumstances under which community safety or individual autonomy should be sacrificed? Who decides? How does crime control and due process affect that decision?

© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

What if?

• The state legislature is responding to a threat by a terrorist organization to bomb the capitol building. What if your state decided to implement a law that allowed all persons to be stopped at any time to determine if they were legal citizens of the United States? How would you respond to such a law? What would the Supreme Court say about such a law?

© 2018 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use.

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