CRM 2300 Lecture : 4th lecture.docx

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magentamouse78

5 Mar 2012

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Today s lecture will comprise of the following: initiate court proceedings (1)arrest defined (2)powers of arrest (ss 494-one that gives power to anyone, 495 powers to police officers) (3)arrest only if (4)after arrest (including bail) Role of trial judge, crown attorney and defence counsel in cjs: adversarial system, plea bargaining, criminal trial as social ritual. S495(2) only arrest someone if you have to accomplish the following : establish their identity : name, address, preserve evidence: court process, prevent further offences: cool down period. The or means, one or the other, only need 1 of the 3 y. There s a presumption of innocence, innocent until proven guilty (prove guilty in court) therefore you have to get this person to court. The whole purpose is to protect the innocent, and prove that they are beyond a reasonable doubt that they are blameworthy.

Related Questions

Question 1

You are president of ACME Enterprises. Every year you have to pay a federally imposed fee for your business. This statute arises from a statute that was previously passed by the United States Congress. Being very "anti-tax" you decide one year that you are tired of paying the fee and that you want to get the fee eliminated. However, you do believe that the fee is constitutional. Which branch of government could pass a law which could eliminate this fee for you?

Judicial B. Legislative C. Executive D. Municipal

Question 2

Which of the following statements is not true?

Bob, a resident of New Jersey, sues Ed, a resident of Florida, for $100,000 over a real estate deal. Bob must bring his suit in a Florida court. B. The conflict of laws may guide a federal court in deciding which state's laws to apply in a case. C. Federal courts have exclusive jurisdiction over bankruptcy cases. D. You are not required to be represented by an attorney in small claims court

Question 3

You were convicted of the federal crime of possession of cocaine with intent to distribute across interstate lines. Your case was tried in the United States District Court for the Southern District of West Virginia. Now, you wish to appeal your case to get your conviction overturned. To which body should you first appeal your case?

United States Supreme Court B. 4^th Circuit Court of Appeals. C. United States Magistrate Court D WV Supreme Court

Question 4

Venue concerns:

Whether a federal court has jurisdiction B. The most appropriate court for the action to be brought within a particular state or federal jurisdiction C. Whether a state court has jurisdiction. Whether a defendant has properly served with process

Question 5

The decision of a state court can never be appealed to the U.S. Supreme Court.

True or False

Question Six

A rule of law enabling the defendant to win even if all of plaintiffâs allegations are true is a

Counterclaim B. Deposition C. Judgement N.O.V. D. Affirmative Defense

Question 7

Johnson is a creditor of Barnes. Johnson wants to file a petition to have Barnes declared bankrupt. Which of the following statements is true?

Johnson can file his petition in either state or federal court B. Johnson should file his petition in US. District court C. Only a federal bankruptcy can hear a bankruptcy case D. bankruptcy cases can be heard in federal tax court

Question 8

Which of the following is a type of alternative dispute resolution that is binding on the parties?

Mediation B. Non-binding arbitration C. Binding arbitration D. Summary jury trial

Question 9

A writ of certiorari is the most common way to appeal a case to the Supreme Court.

True Or False

Question 10

A written record of the entire trial proceedings including the testimony of all the witnesses and any discussions between the judge and the attorneys is called a:

Treatise B. Citation C. Brief D. Transcript

Question 11

Which of the following Alternative Dispute Resolution processes can result in a decision that, under most circumstances, can't be appealed to another organization?

Binding Arbitration B. Non-binding Arbitration C. Mediation D. Mini-trial E. A & C F. None of the above

Question 12

The decision of a mediator is binding upon the parties.

True or False

Question 13 A new claim stating that plaintiff owes defendant damages because of harm resulting from the incident alleged in the complaint is a(n):

Affirmative defense B. Cross-claim C. Counterclaim D. Dissenting opinion

Question 14

Federal question jurisdiction:

A type of jurisdiction possessed by state trial courts B. Is the most common form of U.S. supreme court jurisdiction C. requires that the amount in controversy be at least $10,000 D. is jurisdiction over questions arising under federal laws, treaties, and in the U.S. constitution

Question 15

The primary way a case can be appealed to the West Virginia Supreme Court is through filing a document referred to as a:

Writ of certiorari B. writ of habeas corpus C. writ of quo warranto D. writ of mamdamus

Question 16

Which of the following is NOT true of the appellate procedure?

The appellate court hears witnesses and fathers new evidence B. A transcript of the trial must be sent to the appeals court C. The appealing party must show that material errors occurred in the trial D. The appeals court may reverse and remand the decision

Question 17

If P sues D, and D wants to allege that P's own negligence caused her injury, D should allege this in:

The complaint B. The answer C. The reply D. The counterclaim

Question 18

Uncle Jesse wants to sue Cletus Hogg (Uncle Jesse's neighbor) for trespassing on Uncle Jesse's land and for causing $50,000 worth of damage to Uncle Jesse's land. Both Uncle Jesse and Cletus live in Jackson County, West Virginia. Uncle Jesse comes to the law office you work for and your supervising attorney concludes that Uncle Jesse's case can take place in state court in West Virginia. What court should your law firm file the complaint in?

Jackson county superior court B. Jackson county circuit court of appeals C. United states district court in the southern district of WV D. Jackson county circuit court E. 4^th court of appeals

Question 19

Cases heard in the federal courts must involve either a federal question or situations in which there is diversity of citizenship between the parties.

True or False

Question 20

In the American legal system, a judge cannot overturn a jury verdict.

True or False

Question 21

A U.S. Court of Appeals is empowered to:

Hear witnesses and determine facts B. Hear only patent, copyright, and trademark appeals C. Review legal conclusions reached by lower federal courts and administrative agencies D. Make findings of fact

Question 22

A mini-trial is conducted under the supervision of the court.

True or False

Question 23

Eve attempts suicide by locking herself inside the trunk of her car. Someone discovers Eve after several days. She is still alive. Eve sues the manufacturer of her car for a large amount of money because it did not provide for a latch inside the trunk. Which of the following may be the first step that the car manufacturer would want to make in this case?

Make a motion to dismiss the case B. Make a motion for a directed verdict C. Make a motion of judgement n.o.v D. Take the case to small claims court

Question 24

Which of the following is NOT true of trials?

Preponderance of evidence is the standard used in civil trials B. proof beyond a reasonable doubt is the standard used in criminal trials C. The state can make a motion for judgement notwithstanding the verdict when the defendant is acquitted in a criminal trial D. a directed verdict may be granted in a civil case if the plaintiffâs evidence is not sufficient to support her allegations

Question 25

You sued your brother in Kanawha County Circuit Court because he hit you with his car in Charleston, West Virginia and caused you to become partially paralyzed on the left side of your body. This civil law case does not involve any federal issues or law; the case is purely a state law case and it involves about $500,000 in damages. The case was tried in a state court in Charleston and your brother lost. Your brother now wants to appeal his case to try to get the jury verdict overturned. To what organization should your brother first try to appeal his case?

United States Supreme Court B. West Virginia Supreme Court C. Kanawha County Circuit Court D. Kanawha County Family Court E. West Virginia Legislature

emeraldpanda983

There are sometimes conflicts within the same code, between the code and the __________ and between the code and a counselor's value system.

		Judgment
		Ethics
		Law
		Value

2 points

Question 2

Section A of the ACA Code of Ethics highlights important issues within the __________________________________.

		Privacy Act
		Confidentiality Act
		Professional's Responsibility
		Counseling relationship

2 points

Question 3

______________________ in a code sometimes lag behind the values of society and of professional associations.

		Laws
		Attitudes
		Values
		Beliefs

2 points

Question 4

Which section was added to the latest edition of the ACA Code of Ethics (2014)?

		Resolving Ethical Issues
		Advocacy and Social Justice
		Distance Counseling, Technology, and Social Media
		Research and Publication

2 points

Question 5

Which of the following is not one of the ethical "hot spots" identified in this chapter?

		Gatekeeping
		Social and Cultural Issues
		Informed Consent
		Technology

2 points

Question 6

Which of the following is not a type of ethical decision-making model discussed in the text?

		Problem-solving model
		Advocacy model
		Social constructivist model
		Developmental model

2 points

Question 7

_______________ has to do with protecting the independences, self-determination and freedom of choice for client.

		Nonmaleficence
		Beneficence
		Justice
		Autonomy

2 points

Question 8

People who have this view of the world, see things in black and white, are very concrete, rigid, and authoritarian.

		Dualistic
		Modern
		Post-modern
		Flexible

2 points

Question 9

Which section of the ACA Ethical Code (2014) offers guidelines on how to report an ethical violation?

		Section B
		Section I
		Section E
		Section A

2 points

Question 10

.__________ is the responsibility under the law for a violation of federal or state criminal statute.

		Beneficence
		Nonmaleficence
		Civil liability
		Criminal liability

2 points

Question 11

To prove that they are following the best practices of their professions, counselors should:

		Know relevant laws
		Maintain good records
		Stay professional with clients
		All of the above.

2 points

Question 12

______________ is the most rigorous form of credentialing.

		Accreditation
		Licensure
		Certification
		Registration

2 points

Question 13

Theories help counselors and other helping professionals in the following way(s):

		conceptualizing clients' problems
		necessary to become a licensed psychotherapist
		offer specific techniques to apply
		both a and c

2 points

Question 14

What is a paradigm shift?

		A change like a universe.
		A change in the way information is perceived.
		A change in theory.
		A change in human nature.

2 points

Question 15

Do psychodynamic theories consider which of the following to be important in understanding a person's functioning?

		Child-rearing practices
		The unconscious and conscious
		Examining the past
		All of the above

2 points

Question 16

Sigmund Freud was trained as a:

		Physician
		Counselor
		Caseworker
		Social worker

2 points

Question 17

Freud believed that there are ____________ structures that make up personality.

		1
		2
		3
		4

2 points

Question 18

Freud, and later his daughter Anna Freud, identified a number of _______________ that help people to cope with anxiety.

		Defense skills
		Coping mechanisms
		Coping skills
		Defense mechanisms

2 points

Question 19

___________ believed that each of us has a unique psychological type which includes the attitudes of extraversion and introversion.

		Freud
		Rogers
		Jung
		Cattell

2 points

Question 20

_______________________ believed that every child was born with innate and unique capabilities and is inherently moving toard the future, not determined by the past.

		Adler
		Freud
		Rogers
		Jung

2 points

Question 21

Existential-humanistic approaches embrace a phenomenological perspective, stressing all but which of the following?

		The subjective reality of the client
		the role of the unconscious
		How the counselor uses his or her personal qualities in counseling
		the importance of consciousness and/or awareness

2 points

Question 22

Although Ludwig Binswanger is generally acknowledged as being the first existential therapist, who is seen as the person who popularized this approach through "logotherapy"?

		Irvin Yalom
		Carl Rogers
		Alfred Adler
		Viktor Frankl

2 points

Question 23

____________________ developed client-centered therapy.

		Carl Jung
		Viktor Frankl
		Carl Rogers
		Ludwig Binswanger

2 points

Question 24

Today, most Gestalt therapists believe that from birth, the individual is in a constant state of ______________ through a process of need identification and need-fulfillment.

		Self-regulation
		Self-actualization
		Existential crisis
		Emotional distress

2 points

Question 25

This therapy was developed by Albert Ellis during the 1950s.

		Psychodynamic therapy
		Behavioral therapy
		Cognitive therapy
		Rational emotive therapy

coralsnail276

Fact Pattern

1. On 18 Sept 2017, Officer Steve Jones received an anonymous tip that Mr. James Fox lived in a house at 120 Verlinden Drive and is growing marijuana in the basement â at least 400 plants.

2. Officer Jones completed the 26 week Police Academy. During the academy, he had 40 hours of instruction specifically related to identification, detection and manufacturing of controlled dangerous substances, including marijuana. He has been an officer for over 20 years and has been assigned as an investigator in the Drug Enforcement Division for the last 15 years. Over the last 15 years, he has received additional training with regard to controlled dangerous substances, including NIK Polytesting System on narcotics identification; Counterdrug Training Center Basic Drug Identification Course; the "Top Gun" basic drug investigators school hosted by the National Drug Training Center and the State Police; the Aerial Marijuana Observation course hosted by the Department of Justice and Drug Enforcement Division; and the MAGLOCLEN Drug Investigation Seminars in 2010, 2011 and 2012. He has made hundreds of arrests for controlled dangerous substances and has written numerous drug-related search and seizure warrants and participated in the execution of many, including those related to the manufacturing and distribution of marijuana.

3. Officer Jones enlisted an informant to check out the house and try to buy some marijuana. The informant has no track record working for the police but the prosecutor referred him to Jones because the informant wanted to help reduce a possible drug distribution sentence.

4. The informant came back a few days later and told Jones that on 19 September he saw Fox and another man carry a carbon dioxide tank and other equipment into the house and drag two laundry bags to a Chevy (a 1990 Malibu) parked on the street in front of the house. (Officer Jones later runs the tag and the car is registered to James Fox). The informant tried to buy marijuana that evening and as soon as he entered the house the informant could smell the odor of marijuana. Fox bragged he had an unlimited supply of marijuana so he could do business with the informant, but begged off selling any marijuana that evening. Fox excused himself and went to the basement door. When the door was open the informant saw extremely bright light emanating from the basement.

5. Based on this informant on 21 September, Officer Jones pulled Foxâs electric bills. Foxâs average kilowatt usage was more than three times the normal usage as verified by the electric companyâs manager, Joe Thornton. Officer Jones then drove to Foxâs house saw the Malibu parked on the street. Officer Jones looked through his binoculars while standing on the street and observed very bright glowing lights and the top of marijuana plants.

6. Officer Jones reviews all the evidence and decides to get a warrant. Today is 22 September and a check of Foxâs bank accounts show deposits in cash weekly from $1000 to $5000. Mr. Fox does not appear to have other employment as confirmed by the State Unemployment Office. Mr. Fox gets from the State $1500 a month which matches deposits made into Mr. Foxâs account.

CRIMINAL JUSTICE QUESTION. I JUST NEED A DECENT SIZE PARAGRAPH SO I CAN EXPAND ON IT FOR MY ESSAY.

Assuming Officer Jones now has the information set forth in paragraphs #1 through #5 below, would he have probable cause for a the search warrant? Why or why not?

CRM 2300 Lecture : 4th lecture.docx

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