Sunday, March 19, 2017

SOC205 - WEEK 2 - DISCUSSION 1

"The Jurisdiction of the Courts"

From the e-Activity, propose at least three (3) rules that you would use in order to choose the more appropriate court (state or federal) for the hearing of a particular case. Discuss the reasoning for your choice of jurisdiction of the court in each case.

As a proposal case is being submitted for perusal, consideration and review for hearing in either the state or federal court three rules should be used that would be applicable in the judgment or deciding of which court would be the primary of consideration and judgment and placement of cases. Following are three rules that I would find of upmost of importance in determining the placing and locating of a case for hearing:

1. Jurisdiction
2. Point of Action
3. Criminality Levels (excepting those that violate federal laws)

The jurisdiction of each case is easily determined if a case can only be placed in either the state or federal court. As such any debate or banter regarding the case must be summarily placed in the correct court and before the judge who has authority to place judgment.

The second is point of action which includes the clarification of the scenario included in the case to be judged.

The third includes the levels of criminality that would be reflective of whether the crimes are federal violations or state violations. As such only the levels of crimes that violate federal laws can be judged in a federal court with all others to be rendered by state court.

Provide two (2) examples of jurisdiction choice to support your rationale.

Examples

Violation of civil rights
Act of theft of goods (shoplifting, burglary)

Now, based upon the three rules a violation of civil rights would be placed before the federal court system since it acts upon the rights of the constitution to resolve, rectify and use corrective judgment to determine if indeed a violation exist and whether the guarantee will be supported and judgment rendered in favor of the plaintiff or against the plaintiff.

The act of theft of goods (shoplifting or burglary) would be held in a state court because it is a violation of state laws and does not necessarily have to be presented to federal court. All acts against states law usually are presented to state court unless there are unusual circumstances that would constitute a violation of civil rights.

Imagine that you are a judge in the U.S. Court of Appeals. Suggest three (3) specific areas of review that you would use to review an appeals case, since your court does not always hear cases in the same manner as that of the lower courts. Provide a rationale for your response.

As a judge in the U.S. Court of Appeals, three specific areas of review that I would use to review an appeals case involve the following:

1. Areas of controversial inception of civil rights
2. Conflictive and undefined jurisdiction
3. Regulatory Disorder (A writ of certiorari is sent up from a lower court to an upper level of court. Further when certification is needed to propel clarity.)

The first area of controversial inception of civil rights is reflective of a violation of principle that is conflictive with the constitutional guarantee that thrust the inceptions and statutes prior to the constitution compilation.

Secondly, undefined jurisdiction would entail the unfair and depiction of a case in a court who has no authority to act or judge a circumstance not granted by the court system.

Thirdly, a regulatory disorder reflects that the regulations have served its purpose to retain good order in the processing of judgment. Due to this reason a writ is necessary and compelled to serve as a basis for the U.S. Supreme Court to parlay and correct error of discreet.

Thank you.

Felicia

SOC205 - WEEK 1 - DISCUSSION 2

SOCIETY, LAW AND GOVERNMENT

"The Role of Litigation in the Lives of Residents of the United States"

Compare the frequency of litigation in the U.S. described in Chapter 1 with at least two (2) other countries around the world. Suggest two (2) factors that you believe contribute to the difference in frequency between the countries you chose and the U.S. Provide specific examples of these factors to support your rationale.

The frequency of litigation in the United States reflects that for every thousand of people approximately 74.5 lawsuits are filed. In comparison to the United States Israel has 96.8 lawsuits filed with Austria at 95.9 lawsuits. Two factors that I believe contribute for the difference in frequency are the countries that I selected and are based on the reflective statistical findings which support the prevalency and willingness of people to submit to the legal system to intervene and help amiably settle disputes and also not allow complicity to surface or allow corruption to become a factor and foul play. Further because these countries are a little repressive toward certain segments of the human population it is necessary to submit to dealings through the court system in order to receive a fair judgment or issue a judgment to acquire fairness or dealings to proceed with projects, expansion and businesses. Also, because of their social structural base it is harder to obtain the objectivity that is enclosed here in America that is informally known.

In this country, fairness is distributed to all and each is deemed equal in their dealings and business here. Unfortunately, it is not the same in these two countries and it is usually the impoverish, underprivileged and untaught who are trying to acquire fair treatment and has no representation or someone who cares what happens to them and therefore they pay excessive costs for legal representation because they have no knowledge or learning. Further the exploitation is so crippling that they have to use all of their savings to fight for a living and a chance therefore this is why there are more lawsuits in these two countries.

Examples – Israel
Chasser v Palestinian Authority
http://israellawcenter.org/legal_action/chasser-v-palestinian-authority/

Bardichansky v Palestinian Authority
http://israellawcenter.org/legal_action/bardichansky-v-pa/

Atias v Palestinian Authority
http://israellawcenter.org/legal_action/atias-v-palestinian-authority/

In support for the country of Israel selected are three court cases of varying nature that support my expression of compassion that the impoverish, underprivileged and untaught are being severely oppressed, manipulated, controlled, terrorized and over charged. As such the fear exists but the need to fight and protest the unfairness of being killed, murdered and terrorized is prevalent and in order to do so is to go through the court system to try to get recourse, damages and some kind of situational protection or shelter for protesting.

Examples – Austria
Pauger v Austria
http://minorityrights.org/wp-content/uploads/old-site-downloads/download-328-Pauger-v.-Austria.pdf

Republic of Austria et al v Altmann, (2004)
http://caselaw.findlaw.com/us-supreme-court/541/677.html

Karner v Austria
http://hudoc.echr.coe.int/eng#{"itemid":["001-61263"]}

As reflected for Israel and in support for the country of Austria selected are three court cases of varying nature that are supportive that people are being suppressed, intimidated and have to fight in court to be treated as a person with rights, rights for ownership and returning of property that was taken (stolen) and removed from rightful ownership, rights for pension and rights to secure domicile when other inhabitant passed as contract stated.

Even though there is intimidation, all have to place the factual nature of the cases before the judges to make determination of who is correct and who is not.

Examine three (3) implications of Americans using the U.S. Court System to settle frivolous disputes relative to the role of litigation in U.S. society. Provide a rationale for your response.

Three implications of Americans using the United States Court System to settle frivolous disputes relative to the role of litigation in U.S. society are reflective when discipline of a child has “surprisingly” stalled their child academically. Further when lawsuits have no parallel to a crime committed, or does not fit under the category of a civil issue, or a true stage of oppression or when hurts or injuries don’t significantly impact a person and cause any hindrance or mobility problems, injured feelings, or when self-suffering is their own mental anguish that no one can help with.

Because of this the court system is dependent on Rule 11 of the Federal Rules of Civil Procedure to halt and circumvent the wasting of time and escalating of cost when there is no viable reason for suing. Further, any issues that cannot be proved as detrimental, destructive (personally or otherwise), life threatening or a hindrance to regular and usual living has to be viewed as frivolous and an attempt to use the court system to defrock someone who injured them not or has no connection with them.

In conclusion, the United States Court System has the right to protect self and halt the inappropriate usage of the court system in hearing cases that have no merit or use.

Thank you.

Felicia


SOCIETY, LAW AND GOVERNMENT
WEEK 1 - DISCUSSION 2
RESPONSE TO CO-STUDENT


I disagree that the United States is the most litigious nation in the world it is one of the most highest and is comparable to other nations' structuralized justice systems.

High frequency is due to way American Society lives and that entails the right to fight an injustice done due to the breaking of America; from England who was seen as the oppressor then.

From that point all wanted a judicial system to fight amiably, peaceful jousting and without hostility and violence. I do agree that trust is placed in this high level of judgment.

Thank you.

Felicia

SOC205 - WEEK 1 - DISCUSSION ONE

SOCIETY, LAW AND GOVERNMENT

"Role of Law in Society"

From the e-Activity, describe two (2) major functions of law in the U.S. Discuss the success and failure of law in fulfilling your two (2) chosen functions of law in our society. Provide two (2) examples of such success and failure to support your rationale.

Two major functions of the law in business and society in the United States are to be an administration of rules allied with regulations to help keep the structural base intact. This would include societal allowances and taboos.

As such the restriction of undesirable conduct is restricted, hindered and circumvented by the enforcing of regulated written rules and inhibitory correctness. The success and failure of law in our society include the two functions as follows: Regularity and Equal protection of the Law.

For example, regularity is parallel and includes the state of predictability that supports the theory of uniformity and consistency. The process of adherence to court decisions and precedents established allow the continuance of creation of laws and the maintenance of prior created and established laws.

Because of this the applying of established laws to behavior of inconsistency allows the success of applying applicable laws by deterring and analyzing of behavior that is inconsistent and is a violation. This supports the role of laws and its function whereas the failure of laws is miniscule and deals with whether the act is significant to be judged by law or its severity or varying nature.

Example One

The success of regularity and predictability gives great support an established law is utilized in dealing with crimes, e.g., The theft of automobiles has applicable use of laws that make it a universal felony worldwide and as such the appreciative state unites all and guarantee success of administration of corrective punishment.

Further, laws that deal with varying challenges to social and safeguarding of the legalistic structure also lead to increased success when the prevalency is safeguarding USA and its keeping.

Example Two

The unfortunate state of failure of law is the indivisible state of certain criminal acts that cannot be grouped and charged with consistency worldwide as a singular act. For example, the act of slander and libel can be and is tolerated as freedom of speech and protected under the First Amendment.

This makes the laws against such acts a ludicrous fallacy of deceit with the compelling thought that remains uppermost no recourse for the destruction of life irregardless of race affected.

Further laws that fail the populace and protect none due to societal pressure does nothing but cause more internal pressure within state by state and then overall country.

Examine three (3) relative roles of law in our society from Chapter 1 of the text. Discuss members of society’s level of willingness to follow the law in these roles. Provide a rationale for your response.

Three relative roles of law in our society are Criminal and Civil Law, Substantive and Procedural Law, Public and Private Law.

Criminal and Civil Law pertains to acts that may be attributed to those of a criminal act or acts that cause litigations between persons, companies or corporations.

Substantive and Procedural Law are reflective of rights that are of the people with duty with the procedural as the guideline to correct breaches that comprise rights and duties.

Public and Private Law are laws that define relationships and guidelines that govern the interaction between government and individuals whereas private is between individuals or groups.

Members of society’s level of willingness to follow the law in all three clarify what is a crime and what is not by utilizing the guidelines that explain law. Further these laws help defuse ad deflect possible retaliatory acts of violence retain civility and remain a litigious society that is just, moral and fair.

Thank you.

Felicia

SOCIETY, LAW AND GOVERNMENT
WEEK 1 - DISCUSSION 1
RESPONSE TO CO-STUDENT


I agree with your post that laws are our guidelines and the serving of the three roles is as visible and tangible to the life in this country. The ensuing of social rights are equitable to guarantee of all civil rights and diverse judgments to implement.

I also applaud this and say yes - if it means being punished they will indeed follow all laws when the clock strikes 12 and points to you.

Thank you.

Felicia


CRJ 320 - THE BIG STAGE

THE BIG STAGE
ASSIGNMENT THREE
1




The Big Stage
Strayer University
Felicia McCaw
Professor Tamara Mangum
CRJ320
Online Winter 2017
March 11, 2017

The Big Stage
2
In the viewing of the whole is the United States of America and its unique complementary systems of justice that is funneled down from the Federal government and every state in this country. The Federal government and each state have their own structuralized criminal statutes, court system, prosecutors and police agencies.

As the world evolves, so does the criminal statutes, court systems change systematically to adjust to the changing techniques of criminality and the subtleties in people and the commerce. Crime and its prevalence is the seductive lure to defy the motto “we never sleep” and its own self-serving modus operandi. As sure as a certainty is not a fact so does the act of crime spiral and grow to reflect that assumptions and presumptions are not parallel to the mental acquisitions of a hereditary base.

Therefore, since acts of crimes are not due to hereditary but a summarily willful need, want and desire to usurp the structural legalistic basis it concludes and renders support to the criminal mind in training vs. the idea that criminality is born and is an inherent base that can be instilled from generation to generation. If indeed the question of what makes a criminal mind persistently appear then what indeed makes a perpetrator begin the act of criminality As with the act of criminality comes the act of complaint and then the obligation to investigate and follow procedure to secure and proceed with the process of arrest and trial.

The district courts stand as trial court of the federal judicial system and have original jurisdiction over most cases. These courts are the only courts that allow cross-examination and examination of witnesses. Therefore, the factual contents of record is established in these courts with rights to subsequent appeal of decision that pertain to correcting error but not adjustment of previously documented facts.

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Under the category of trial courts is the right to either a jury trial or the right to waive having a jury trial which is referred to as a bench trial. Two types of juries that are associated with the federal district courts are as follows:

• The Grand jury is a group of men and women gathered to determine the factual basis of whether probable cause exist to determine guilt of a federal crime that he or she has been accused of doing.

• The petit jury consist of people selected from the community to hear evidence to determine if a defendant in a civil trial has liability or whether a defendant in a criminal trial is guilty or not.

Under the state court are the Trial Courts of Limited Jurisdiction which accommodate approximately 85% of all courts in the United States. Under this sector are the various names that fall under the state’s hand as follows: Justice of Peace, magistrate courts, municipal courts, city courts, county courts, juvenile courts, domestic relations courts, metropolitan courts and others. These courts have limited jurisdiction and is restricted to minor cases. Under these courts are three levels of violation: infractions, misdemeanors, and felonies.

The next trial court is the Trial Courts of General Jurisdiction which handles and accommodates the more serious criminal and civil cases and sometimes juvenile, criminal offenses, domestic relations cases and probate cases as well. Further, these courts also have an appellate function that start in Trial Courts of Limited Jurisdiction and as such they are heard in a trial de novo or tried again in the Court of General Jurisdiction. Further as a general rule, trial courts divide into judicial districts or circuits which pertain to using existing political boundaries by county or a group of counties to define the lines of the district or circuit.

In order to reach the area of these courts, the first priority is the investigative stage. During this stage is the culmination of evidential findings that assists in determination if indeed a case exists. In order to support and facilitate existence and stability of case the primary objective

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consists of reviewing, evaluating all evidence, positive or negative, weaknesses and strengths, comparative thoughts of rebuttal as an addendum along with a chain of custody. The next step would be inclusive of reviewing all reports that relates to the case, transcripts of deposition given, preparation of witnesses and a pretrial conference with the prosecutor.

After the investigative stage has conclusively rendered the act of confirmation and stability, the next act would be the charging stage and its fecundity level allowing either the levying of felony charges or refusal by either a grand jury by states that have it or by the federal government. Criminal charges may be determined or refused by a prosecutor (district attorney, state’s attorney, city attorney, etc.) in states that have this system implemented. Summarily, after the indictment or complaint is issued, the defense attorney (lawyer) may plead for dismissal, new discovery of evidence, or a motion to suppress use of evidence if it was illegally obtained. If the case is acceptable, evidence is intact and then allow the following choices to be activated by the processing of the case by jury trial, or bench trial that allows a case to be presented without jury, plea bargain (negotiated plea) or sentence bargain to reduce sentence of years or level of the act of criminality or lastly a guilty plea is entered.

As noted, the prosecutor and the investigator work as a complementary team to determine if an actual need for a case has the right elements to go through the progressive investigator stage. Further as a compository team the prosecutor is the investigator’s legal advisor throughout the process of the investigation, pretrial conference, and court presentation. Lastly, the final determination is the prosecutor’s determination.

As the other team partner, the legal investigator role is a tremendous bonus and is “priceless”. The ability to be objective is a quality that is almost like an inherent trait that is required, plus the ability to be methodological and professional with high work ethics. Because

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of this needed feature during the process of interviewing or reviewing previous statements of all witnesses and parties tact is a necessary feature. Recreation of the scene, review of all physical and forensic evidence, gathering and processing new evidence, drafting reports of his or her investigation, preparing exhibits for trial purposes, courtroom testimony, follow-up during trial, penalty and sentencing phases.

Further, these duties are charged to work in complementary fashion as the prosecutor who acts upon what is called the “prosecutorial discretion” to examine all material or circumstances regarding the case that the investigator has gathered and make a determination to proceed or not based upon utilizing the police report in collusion. As the position is a political position and is an established elected official office it is at his or her discretion to select among cases to help establish a quota. Further, as another interaction of the investigator with the prosecutor, the affective state of control can alter or shape prosecution discretion in the manner of whether an offense has been committed or whether a person can be levied an offense charge.

Therefore, the prosecutor has in essence control of authority in relation to discretion by first to proceed with case initially presented by police, second to continue with case presented by police with amendment or alterations, third to discontinue the case presented by police due to reasons of instability, lack of concreteness or inability to complete levy of charge. These choices are relevant to the prosecutor in binding a case for hearing, a charge to be levied upon said person, entity, or company.

Because of this, the relationship of the prosecutor and investigator is not clear-cut but all cases are subject to various levels of discretion and authority. However, as effective is the right and responsibility of the prosecutor to continue, promote, and strengthen the rule of law and duty to combat impunity and endure all states of lawfulness. As such the rule of law assists in the

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anchoring and stabilizing of legality with emphasis on maintaining a connection to social development and change to ensure that matters of law, legal and criminal practices are current and ready. Consequently, this allows the prosecutor to commit to human rights to upholding the role of law to further retain credibility and moral authority because they are guarantors of the rule of law as well as the situated party to combat impunity and ensure the lawfulness of State actions.

The prosecutor’s rule is situated in a government that abides by standing laws and respective human rights to ensure fairness, defined in part as equality of all before the law and under the law, predictable, consistent and effective rulings and lastly protection of human rights, and law and order and or duty of state to protect its citizens. With this in mind, prosecutors may participate more actively in the role of investigation of crime, as depend on national law as such the relationship with the police may differ. This may include supervision over the legality of these investigations, supervision of the execution of court decisions and exercise of other functions as proxy for public interest. In accordance with expectancy, he or she is to act consistently and expeditiously with respect, protection of human dignity and be an upholder of human rights to contribute to due process and the smooth functioning of the criminal justice system. Further as a protective base states must ensure the ableness to function professionally without intimidation, hindrance, harassment, undue interference, or unjustified exposure to civil, penal or other liability.

As times have progressed, new challenges have become prevalently obvious revolve in questions, probabilities and improbabilities that reveal and intersect with complex of social, organized crime, new technology and implementation of complex procedural safeguards that lead to a tangible question of what is guilt in itself vs. acquittal. In relation to
this question

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of guilt and acquittal is the active act to subvert democratic processes and the challenge to halt any act against democracy as well as defend against all. The task of ending impunity is expressed in the exploration of what is guilt and the act of acquittal because all are considered innocent until proven guilty. This state renders on the ability of the prosecutor to thoroughly prepare a case and prove that first there is probable cause and then intent and subsequently conclusion. e.g., the act of genocide is an overt stand against the natural order of evolution and procreation and thus a pivotal expectancy is herald as an act of acquittal when the nature of act is rendered questionable.

Therefore, the true expression of guilt becomes a pivotal question in relation as well. If an act of genocide renders a lack of guilt then the proving and fundamental base of true is progressively hard to harness because of the nature of subtle allowance against a prevalent minority and the rendering subduing of rights, policy, and debate is deflected and voided.

Consequently, the declaration of guilt is conditional upon proving without a questionable doubt that the act was committed and proven. Based upon the Universal Declaration of Human Rights, Article 11, everyone charged with a penal offense has the right to be presumed innocent until proven guilty according to law in a public trial at which he or she has had all guarantee for defense. Therefore, if a prosecutor has obtained a call of guilty because probable cause and intent has been done and thus the importance of the final report has helped support the measure due to clear, precise, details that lead to absolute finality in the judgment of guilty.

However, if a call of acquittal has been acquired then it may be due to inconsistencies, lack of factual details, or erroneous interpretation of the law. This is not a reflection on the prosecutor but may be due to the compilation of the report and lack of cohesiveness of details or acts in relations to transgressions.

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In conclusion, changes that will probably evolve in the processing of cases of a criminal nature will probably include hi-tech crimes that will necessitate having an expert witness and demonstration module to project visual imagery of crime. As the coevolution of crime and justice run hand in hand so does the need to accelerate to counter active changes in the social economy, fluctuating economy, norms, standards, and policy to stand firm against crime. Also, since crime in its act is based upon mindsets of will then the act of crime has to be approached differently to view psychologically in order to differentiate behavior and challenge the nature of fundamental values as well as nurture stronger positive values in children to decrease and minimize criminal behavior and therefore reduce crime by natural stimulant vs. tactical strategy.


References

Acquittal. (2017, February 28). Retired March 11, 2017, from https://en.wikipedia.org/wiki/Acquittal
Paul Bergman J.D., UCLA Law School Professor. (n.d.). How the Prosecutor Decides Which Cases to Charge. Retrieved March 11, 2017, from http://www.nolo.com/legal-encyclopedia/how-prosecutors-decide-which-cases-charge.html
Preparing for the Future: Criminal Justice in 2040. (n.d.). Retrieved March 11, 2017, from https://nij.gov/journals/255/pages/2040.aspx
Carp, R.A. (n.d.). Judicial Process in America. 9th Edition / Edition 9. Retried March 11, 2017, from http://www/barnesandnoble.com/w/judicial-process-in-ameica-9th-edition-robert-a-carp/1119569931
Hess, K. M., Orthmann, C. M., & Cho, H. L. (2013). Criminal investigation. Boston: Cengage Learning.
Krone, T. (2012). Raising the alarm? Role definition for prosecutors in criminal cases. Australian Journal Of Forensic Sciences, 44(1), 15-29. doi:10.1080/00450618.2011.581247
Dandurand, Y. (2007). The role of prosecutors in promoting and strengthening the rule of law. Crime, Law & Social Change, 47(4/5), 247-259. doi:10.1007/s10611-007-9070-8
The Role of the Legal Investigator In The Defense of Capital / Violent Crimes - Law Firm Farese, Farese & Farese Attorneys Ashland, Mississippi. (n.d.). Retrieved March 11, 2017, from http://www.fareselaw.com/Articles/The-Role-of-the-Legal-Investigator-In-The-Defense-of-Capital-Violent-Crimes.shtml
Presumption of innocence. (2017, March 10). Retrieved March 11, 2017, from https://en.wikipedia.org/wiki/Presumption_of_innocence














el final

CRJ320 - DEATH INVESTIGATIONS - ASSIGNMENT TWO

DEATH INVESTIGATIONS
ASSIGNMENT TWO
1








Death Investigations
Strayer University
Felicia McCaw
Professor Tamara Mangum
CRJ320
Online Winter 2017
February 18, 2017

Death Investigations
2

In the field of death investigations is the unique examination of factors and variables used to determine the state of demise as well as the compository steps that caused the propelled act of death. During the query for answers in the criminal justice field is the eternal escalating ride during the criminal investigation segment. A field of sophisticated complexity it involves the analytical attention to detail and laborious minutiae searches throughout land, water, building, atmosphere and sea.

Basically investigators must be able to establish a familiarity with crimes, criminal element, criminal intent, modus operandi and the goals of a successful investigation that includes strategic purpose as a major. Firstly, investigators are not themselves a unit but have to adhere to conditional constitutional safeguards and the legal parameters with which an investigative process can be facilitated.

Case law and conditional constitutional safeguards act as a parallel to the investigative process along with deductive and conductive reasoning. Further with that thought is also emphasized that assumptions are not certainties or a true actuality. As each case develops the logistics prevail which supports all physical evidence collected legally, interviewing of witnesses that can be people or positive imprints left in the scene itself. During the paroling of the case suspects are legally questioned and thoroughly interrogated which might possibly stimulate a lead as the conversations are analyzed. Also, eventual leads may surface in relation to questioning, camera surveillance or from evidential findings.

As investigations require precision of working scientific knowledge also does it require the artful usability of learned techniques acquired by study, experience and skillful application. Further the persistent investigator relies on patience, creativity, knowledge, intellectual value,

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psychological mental adroitness, diverse cultural fluency and an adsorptive memory. Thereby intuition coupled with “street savvy” and “know” is a great prevailer of a find and beginning track zone.

One of the most profound and truthful reasons why a crime scene is more or less seized, secured and locked down is because of Locard’s Principle of Exchange. As a forensic theory it reliably asserts and states that a high prevalence of exchange occurs when objects come into contact with each other and as such evidence transferred by magnetic encounter can be the smallest of molecules but is effective evidence.

During the beginning process of investigation is the knowledge of the “fruit-of-the-poisonous-tree” doctrine and as such it reflectively reveals that all investigations have to be conducted above board with all legality entailed. There are four types of death that require the need for investigation and they are natural death, accidental death, suicide and homicide.

Because of the fundamental differences between the deaths the need to explain the correlating pattern is first needed to adhere to stand and that is they all are cessation of life and the finalized progressive stage of a human life cycle. For example, a natural death would be classified as a conclusionary stage when the human body and its conception cannot function as a self-centralized unit. Usually a statement is issued when a person who is under a physician care dies from unmitigating circumstances that has been revealed to be irreversible.

Unlike natural death, accidental death is caused by circumstances that occur that are unintentional and unplanned that precipitate an injurious state that results in unfortunate death. As with natural deaths, accidental deaths should be viewed as a possible homicide and approached with a suspicious nature until both circumstantial and evidentials prove that a

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homicide or suicide did not occur. Another category of death is suicide and that is the intentional killing of self which can be done by overdose, shooting, stabbing, slitting of wrists, poison, burning, hanging, asphyxiation, or ingesting of non-eatable substances. Even though suicide is not regarded as a criminal offense it is still regarded as a stage of mental instability and dysfunctional phase. As such it differs from both natural death and accidental death because the criteria differs but it should also be viewed as possible homicide when circumstances prove evident that life and its activities prove a natural state of denial and vigorous state for life exists.

Lastly, the last death is listed as homicide and that is the state when either direct or indirect cause of harm not initiated or provoked by an individual results in cessation of life by force. Unlike natural death, accidental death or suicide, homicide is facilitated by deliberate intent to harm either with malice or with no prior malice. It is a state of premeditation, selection and study without provocation to plan and kill an individual(s).

Further homicide is divided into two categories criminal homicide and noncriminal homicide. The nature of homicide is subdivided into the categories of murder and manslaughter and further subdivided into the following categories as follows: Murder, First-degree murder, Second-degree murder, Third-degree murder, manslaughter, voluntary manslaughter and involuntary manslaughter.

Noncriminal homicide is listed under the classification of homicide and that includes excusable homicide and justifiable homicide. With homicide and noncriminal homicide running parallel where no similarity exists to say they are comparable except in the instance of all resulting in death.
As example to further deliberate upon is the state of accidental death by drowning. Brandi Odom, age of nine years and a resident of Bear Creek, Alabama drowned in a

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pond saving her younger brother when she lost her footing in deeper water. After being pulled from the pond Brandi was given CPR until the paramedics arrived and she was then rushed to Lakeland Community Hospital in Haleyville where she was pronounced dead.

The key factor involved that would concern the police to establish accidental death would include investigating as a possible homicide to ensure that all accuracies are established and all legalities are addressed to subsequently report on death of demise is accidental and by drowning. Further the securing of scene to help facilitate that an accidental drowning occurred and the looking for verifiable evidence to support theory. As a prudent investigator the death scene is to be treated as a possible homicide until forensic evaluation states otherwise. In the examining of the death scene the accidental as well as homicide has to be an exemplary scrutinized examination to clarify the accuracy of determination,

During the investigating process a death signifies a possible nonhomicide to homicide and its perpetuity to all crimes is that it is a wrong. A wrong that has caused injurious harm whether from death, during the taking of personal property, intimidation, stalking or the sheer magnitude of what mens rea means. Culpability stands for itself in acts of crimes that parallel and are arguable as a point of what is right or wrong or the acts that certify these acts are against the law.

As such probable cause is an active note that is present in all investigation of crime. Therefore, other types of crimes requiring different approaches that includes canvassing large segments of area, media capture, categorical breakdown of differing crimes and determination to allocate which has been done. Also, since crime has many segments and categories they create special challenges to determine whether the altercation is a civil or criminal matter. If the act is determined noncriminal a possibility of lawsuit could surface to seek restitution for loss by

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victim’s family or attorney elect against either a person, government, city or town or active entity. Consequently, the psychological effect against the victim’s family is steadfast escalating hurt that causes prevailing guilt and emotional suffering and questions of why.

Thereby, the need for a preliminary death investigation becomes a hovering now and starts with the initial response, point of arrival that includes a sweeping analysis of situation or scenario, setting of priorities of handling emergencies first, securing the scene and initialized investigation. As a facilitator and support of the preliminary investigation the questioning of witnesses and possible suspects is primary. Secondary would be neighborhood canvass, measuring and photographing, videotaping and sketching of scene, request for video now interviews, identifying and collecting and examining and processing of physical evidence. Lastly, recording all statements and observation in notes and as well as the need for know-how to deal with news media and non-disclosure of any names until given permission by Chief of Police, victim’s family at a reasonable acceptable time frame with agreeable time slot and appointment.

Conclusively, the goal and preliminary investigation main goal of a death investigation is to ensure all details, peculiarities to quirks are discovered and assured a good ninety percent chance of all “t’s” are crossed and all “i’s” are dotted. Therefore being accurate, detailed oriented and professional assures all of concern, willingness to discover, confidence and knowledge to facilitate a sound base for court as well as for protection against civil liability and recordation for police records.

For example, in the activity of exploration of the active drowning of Brandi Odom, the securing of scene would be first, addressing attention to witnesses, bystanders and determining who needs medical care and relaying to them aid first. The next step is searching for evidence

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even though the scene may have restrictions due to flow of traffic when assisting Brandi, interview of witnesses and canvass and lastly closing scene with parameters drawn for restudy and visit.

Also, the knowledge is prominent that the investigation of an adult and child differs and is inclusive of factors and relative stages that help render a judgment of fault or non-fault in the examination of a child compared to an adult’s vital signs. Also, during the process of investigation obtaining information from adults when a child’s death is being investigated is harder and conclusively more difficult. Further because this is a small locality the family is possibly known by the local police and are aware that the family is struggling with trauma, shock and grief of a sudden death will impede the questioning process. Therefore, a trained empathetic approach is needed as well as respectful probing, compassion and slight detachment.

Further as Hochschild states (1979:562) when exposed to a potentially emotional situation such as a death scene police officers can become conscious of a “pinch” or discrepancy between what they actually feel and what they should feel. Thereby, they try to reconcile the gap of feeling between awareness and cold actuality and reality. Because of this the adherence to code and procedure is prevalent and causes stricter ways of approach and allows continuance to ways to bring emphasis from the preliminary by firstly acquiring DNA evidence to first support identification, acquire imbedded evidential findings from mouth, hair, eyes of dilation, fingers and feet.

The question that probably surfaces in everyone not familiar with DNA is that it is a genetic molecule that holds encoding and hereditary information of an individual and serves as a identifier and confirment. Each individual has differing DNA and allows the providing of information from the biological soecimen found at the death scene. Also, another factor of DNA

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is inclusive of dental identification that helps prove identity as well as the DNA from teeth and its dentin polymerase chain reaction and enamel that provides mitochondrial DNA for basic analysis to also confirm identity. Further DNA is a good stabilizer and proof against false claims with fingerprints and other tests to confirm death and certainty of an individual. Also, the active autopsy prevails and support the determination of stage of rigor mortis when the need to determine the act of how and when.

Further the act of autopsy also facilitates the testing of eyeballs that reflectively reflect a consistency in the eyeballs that indicate drowning and then surface to land. Thereby proving a death by drowning and the interior contents of water, algae and substance should parallel and match the liquidity in the lungs to pond water vs cleaned and filtered water. Lastly as a parallel link the investigative forensic query also acts as a facilitator to determining death as well as helping to prove possible foul play or not. Certifying the act of death also can lead to being classified as undetermined if in relation to drowning since “undetermined deaths” includes a great part of suicide and accident cases. Therefore, the manner of death would be inclusively listed as accidental fall in water and hindered respiratory function due to central respiratory depression as a true cause of death.

Also, some of the main ways in which various environmental factors may influence the medical examination and autopsy in death investigations may be a contaminant in the water which would require a separation of the contaminant from specimen and then a reanalysis. The reanalysis may render positive or the same findings. Also, if the body has reached differing stages of decomposition then alterating steps have to be done to conclusively analyze or try to determine the time of death as well as the cause. Further exterior scar tissue age can be determined by ultra-violet light to establish a possibility toward death or maybe a reflection that

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person had been exhibited to violence prior to death but has to be determined if the environment has caused a hidden scene that has to be dissected, determined and acknowledged.

In conclusion, as with all investigations death investigations hold the theory of being accurate and true means success and success means no impediment to halt forensic analysis to prove a foul or not.






References
Carpenter, B., Tait, G., Quadrelli, C., & Thompson, I. (2014). When death is not a crime. Papers From The British Criminology Conference, 143-16.
Anderson, J. C. (2012, July 26). Brandi Odom, 9-Year-Old Alabama Girl, Drowns Rescuing Brother At Pond. Retrieved February 19, 2017, from http://www.huffingtonpost.com/2012/07/26/brandi-odom-9-year-old-alabama-drowns-rescuing-brother_n_1706147.html
Sampath, K., & Jagannathan, N. (2014). Role of DNA in Forensic Identification. Indian Journal Of Forensic Medicine & Toxicology, 8(2), 43-47. doi:10.5958/0973-9130.2014.00679.3
Advenier, A., Guillard, N., Alvarez, J., Martrile, L., & Lorin de la Grandmaison, G. (2016). Undetermined Manner of Death: An Autopsy Series. Journal Of Forensic Sciences (Wiley-Blackwell), 61S158. doi:10.1111/1556-4029.12924
Chintalwar, R. S., Gajbhiye, S. M., & Dhawane, S. G. (2016). Estimation of Time Since Death From Rigor Mortis. Indian Journal Of Forensic Medicine & Toxicology, 10(1), 197-199. doi:10.5958/0973-9130.2016.00045.1
Kanable, R. (2011). Crib deaths. Law Enforcement Technology, 38(8), 16-21
Carpenter, B., Tait, G., Quadrelli, C., & Thompson, I. (2014). When death is not a crime. Papers From The British Criminology Conference, 143-16


el final

CRH320 - CRIME SCENE INVESTIGATIONS - ASSIGNMENT ONE


CRIME SCENE INVESTIGATIONS
ASSIGNMENT ONE
1








Crime Scene Investigations
Strayer University
Felicia McCaw
Professor Tamara Mangum
CRJ320
Online Winter 2017
January 22, 2017

Crime Scene Investigations
2

As in all vehicles of investigations the venturing in the arena of crime and its prevalency of malevolence, danger and threat becomes the most unique journey of discovery. Crimes as defined is the deflection and eroding of social norms and legalistic norms in the facilitating of acts that are flagrantly against society and all.
The complexities of crime spiral from the lowest level to the highest level that is comparative to the simple and the most sophisticated complicated of acts. These acts are planned, deliberate with deliberate intent immersed in each premeditated act. Looking at crime from a psychological bent it is obvious and apparent that the mental mindsets are not affective to a level of mental or psychological disorder. Basically as compelled analytical thought, evaluation and prevalent summation these acts are done due to deliberate will to usurp the nature of societal order and willful intent to destroy its complex substructural levels of difficulty.

Therefore, since a crime is a deliberate attempt to cause mayhem it also stands that it is a violation against the established legal system that has been enacted to prevent harm to citizens and country. Consequently, since the willful abuse of the laws or public right it further supports the need for criminal investigation to understand these criminal acts as well to catch a “fleeing bird” who has done the deed and prays for continuous “elusiveness”.

As such the roles or acts of crimes have been established as an act that supersede the statute or ordinance in straight rebellion and hate of order and correctness. Being thus an act must be correlated and acknowledged as an offense and being seen as a chargeable offense. As stipulated crimes fall into two established categories, felonies and misdemeanors, and depend on the penalized codes for dealing with behavior that is defined as criminal establishment with allocation of punishment according to the severity of the act. Also, the true definition becomes

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evident when determination reveals whether they are violations of municipal county, state or the federal level.

As a criminal investigator the first step is understanding the elements of crimes, the true criminal intent and the modus operandi (MO). During the process of investigation, these requirements help fulfill the goals of criminal investigations with knowledge that assumptions or assertions are not certainties of a true factual actuality. Suspects that don’t have a MO should never be discarded or looked past because of assumptions that the thought does not fit the pattern.

Going further it is indeed the intent to clarify the scene and the acts of wrong portrayed by the scene. Therefore, the first step is the preliminary investigation and its entitlement that includes the following guidelines to conduct and start the investigation. During the preliminary investigation, the first step is to detail the scene, secure the scene with photographic imagery, e.g., If outside – GPS detail close-up – 100%, erection of measured tape off, barrier to restrict traffic, deal with any emergencies, two or three at most top forensic officers on and in site, removal of samples with notation of all physical evidence or trace evidence found. Next, identify witness(s) or reporter of body found or trauma scene with no locality of body, obtain permission to use and look for leads.

After the compilation of notes and substantial analysis of the scene the reflective information found should assist in the following of leads to support presentation for apprehension of suspect. The criminal investigator should first establish the truth and have supportive that inductive reason allowed the parallel of samples, details of scene and position of body or lack to establish a possible clue to who is the suspect by skeletal details or by expansive if a record of another party was found at the locality.

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The reason for the comparison of trace evidence to the scene and suspect is to provide and retain an established base to support additional queries and questioning. Without a parallel reason the act of questioning would be viewed as unfounded and an act of harassment and thereby cause a dismissal of evidence due to none clarification and lack of authencity.

In support of the above mention criteria two major crimes that entail differences in reporting by comparison and contrast are rape and homicide. Rape is itself a controversial investigation because it deals with or has consequence that hinder the conjunctive evidence found and that is disbelief by the police. This unfortunate circumstance cause an unmitigated reduction in reports as well as the lack of action taken to remedy the situation with proper punishment and curtailment. Further the view of women and rape has connotation of prejudicial thought which are “that she asked for it”. The impossibility to stay objective is unfortunately prevalent and the sympathy is rendered to the attacker and not the victimized. Not only are the police non-objective but society as a whole have underlayment of hostility that view the victim as her own worst enemy and the cause of her dismal situation.

If this situation continues the steadfast increase of rape will escalate with no justification or ability to hinder because of skepticism, doubt and lack of concern. Further the level of skepticism lays heavily on a study done by Schwartz and Leggett (1999) that reflects the women who were raped claimed blame for their treatment. As seen by an observer or examiner conclusions to be made would be that indeed doubt would increasingly rise and be a subsequent thought or question to the act of validity.

Consequently, the process in reporting an act of rape begins with a questionnaire, pictures of bruises, marks, contusions, bite marks or others scarring. The level of investigation would be


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paramount to evaluating every point of injury reflecting sedimentary evidence, e.g., semen, area of dirt for analysis, teeth – DNA check for possible contact with tissue for possible contact with assaulter, nails, pubic hair and inner vaginal walls, anus, urine, mouth, throat, and esophagus. The element of discovery whether said victim is alive or deceased begins with an objective, cold, analytical approach to solve the crime.

In comparison, a homicide is also reflective of taking sedimentary evidence and using it to find the cause of death and use conclusionary analysis to gather information to try to find the perpetrator of the crime. In contrast, both crimes are different and pertains and requires a different approach to detailing with inner analysis of the victim being done but with a homicide this could lead to the removal of organs to determine if a weapon and what type was used in penetration for the cause of death or if simultaneous injuries was a leading factor in death in correlation to penetration marks or wounds. Further these wounds of entry can also make the analysis of a rape victim expand and cause reflective analyzation as to whether victim’s injuries caused death and then has the capacity to move the act of rape to a homicide. Both acts are intertwined, intricate and requires skill to think, analyze, process and parlay details of a factual nature to determine if the probable perpetrator can be or if a chance exist to apprehend.

These aspects that help evolve this process of and make an effective criminal investigator include the ability to be first intelligent which constitute the act of being objective, logical, tenacious with inductive and conductive reasoning. The second characteristic involves the range of psychological ability to withstand emotionally, mentally retain distance, be self-directed, intuitive, self-disciplined and willing to persevere and hold. Thirdly, physically the need for fitness is important, with good vision, hearing and scent to withstand the hours involved in investigation and interaction with victims, witnesses or suspects.

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Based upon intellectual value the criminal investigator must be absorptive with the ability to be able to learn the technical and non-technical aspects involved using trajectory equipment and other defining equipment. Further keeping an open mind allows creative ventures to be expanded and cause new ways to evolve the investigative process. Next, comes the psychological view that pertains to stability of mentality, retainership of mental acuity throughout the rigor of criminal investigation that can be affective to a person both mentally, physically and psychologically. Lastly, a fit physicality allows the defuse of trauma and prevention of injuries, with protection of vison, hearing and scent when participating in investigations.

Consequently, the nature of each criminal investigation requires the call for “mum” during the process and conducting of the investigation. As such, the amount of information relayed to the media is carefully filtered to them to prevent the tipping off a suspect or the covering of trails or avenues to pursue leads. Further this prevents the endangering of the public, witnesses and workers at the crime scene. In conclusion, the effective protection of all is considered with regards to privacy to fulfill a good, tight, criminal investigation.





References
Orthmann, C. M., & Hess, K. M. (2013). Criminal investigation. Clifton Park, NY: Delmar Cengage Learning.
Schwartz, M. D. (2012). Rape Investigation Roadblocks: Two Studies. Sexual Assault Report, 16(1), 1-12
http://www.in.com/new/current-affairs/38-wounds-bite-marks-on-kerala-rape-victims-body-says-autopsy-55874331-in-1.html
Barrett, E. C., & Hamilton-Giachritsis, C. (2013). The Victim as a Means to an End: Detective Decision Making in a Simulated Investigation of Attempted Rape. Journal Of Investigative Psychology & Offender Profiling, 10(2), 200-218. doi:10.1002/jip.1385
Mercadal, T. (2016). Moral Policing. Moral Policing -- Research Starters Sociology, 1-5.
Greene, J. (2016). Criminal Investigation. Salem Press Encyclopedia,
McGarry, J. (2011). Named, Shamed, and Defamed by the Police. Policing: A Journal of Policy and Practice, 5(3), 219-227. doi:10.1093/police/par032
Shearing, C., & Marks, M. (2011). Being a New Police in the Liquid 21st Century, Policing: A Journal Of Policy & Practice, 5(3), 210-218. Doi:10. 1093/police/par035
COROIU, V. (2014). METHODOLOGY INVESTIGATION OF HOMICIDE CRIME. Romanian Journal of Forensic Science, 15(5), 1755-1758.




el final

CRJ320 - WEEK 11 - DISCUSSION 11

"Top Three Concepts or Skills"

Specify the top three (3) concepts or skills you learned in this course that you believe will be the most useful to you in your present or future professional career or education. Provide at least one (1) specific example to support your response.

The top three concepts that I learned in this class pertain to investigative strategies, techniques that make a search and the study of forensic evidence and physical evidence. For example, during the process of forensic evidence the meticulous combing for evidential finds to help support the case is what I find interesting and the ability to help correlate the finds to the scene and perpetrator is the most unique tracking and hunting for those tips that make the game worth the play.

Additionally, the investigative procedures of death and its internal marks and how each element is broken down to reflect a parallelism to the act, cause and catalyst and accelerator of demise. Further, the shocking rate of elder abuse, levels of stalking and the causal effect of domestic violence in relation to a charge of domestic rather than what I feel it should be is assault and based on varying degrees to match the charge.

Levels of sex offenses, crimes against children and the predatorial actions that help identify and find the leads. Further, mostly I am concerned about the effects regarding the children and statistical criminal acts against women in a declining economy.

Explain the main reasons why these three (3) concepts or skills you described are important to someone in the field of criminal justice.

The main reasons why these three concepts that I described are important is for the fine tuning and gearing up of analytical, cold analysis and tracking to the point and beginning strategic planning to find the culprit and put them in.

Thank you.

Felicia