Overview:

The following are real-world scenarios. Read each scenario and discuss the applicable exception to the search warrant requirement.

Scenario 1:

An officer stops a car for speeding. The driver has a warrant for failure to appear on a misdemeanor battery case. The officer arrests the driver and searches the car. The officer finds cocaine in the center console. Which lawful exception to the search warrant applies? Does probable cause or reasonable suspicion exist?

Scenario 2:

An officer sees a suspicious 18-year-old male hanging around an open campus high school at the lunch hour. The officer sees the male exchange something for cash with another male. The suspicious male sees the officer and begins to walk away quickly. The officer stops the male, conducts a pat-down, and locates 10 pounds of marijuana in zip lock bags inside his coat. The male is arrested for possession with intent to deliver on school grounds. Which lawful exception(s) to the search warrant applies? Does probable cause or reasonable suspicion exist?

Scenario 3:

An officer is working with a news crew in a shopping mall parking to bring awareness to the high level of thefts that occur during the holiday months. While walking around the parking lot looking for examples of valuables in plain view, the officer sees what she believes is methamphetamine paraphernalia and methamphetamine in a small plastic bag. The officer opens the unlocked door and takes the paraphernalia and suspected methamphetamine. Which lawful exception(s) apply to this scenario? Does probable cause or reasonable suspicion exist?

Scenario 4:

Police officers on foot patrol make consensual contact with a female they have not seen before in the neighborhood, known for narcotics sales. The officers introduce themselves and ask for her name and date of birth, which she provides. The officers discover she has a warrant for her arrest. The officers handcuff and search the female. The officers find a bindle of heroin in her shoe. Which lawful exception(s) of the search warrant applies? Does probable cause or reasonable suspicion exist?

Scenario 5:

Officers are surveilling a residence where a burglary suspect lives. The officers take the suspects’ garbage bags (from the curb) and, inside the garbage, locate evidence of the burglaries. The suspect is also on probation. The officers arrange a probation visit with the probation officer. The probation officer enters the suspects’ residence, and police follow. More evidence of the burglaries is seen inside the house, and it is seized. The suspect is arrested for a probation violation and burglary. Which lawful exception(s) of the search warrant applies? Does probable cause or reasonable suspicion exist?

• Discusses the applicable exception to the search warrant requirement.
• If no valid exception applies, explains why.
• Supports rationale with appropriate case law.
• Cites credible sources in APA format, includes a reference page.

This semester we will be following the ongoing cases related to opioid lawsuits. You are tasked with following the cases and collateral developments and keeping a journal of your findings.

In this course we will follow the opioid cases and trace its history and follow with your updates on the developments in the case. We will follow the Opioid Cases brought against major pharmacy companies by Attorneys General of several states. Recently a case in Oklahoma was decided by a jury against the “Big Pharma” companies. Some defendants have already settled and one has gone bankrupt since settlement. The opioid crisis in this country is at an epidemic level and this is the first major case against a major drug maker to go to trial. Johnson & Johnson (J&J) is vigorously defending the lawsuit. Most of us know someone who has had an opioid issue. We all need to develop opinions and attitudes toward this problem and provide the basis for regulations, legislation and laws to regulate the use of these drugs.

You will follow the case for this semester, and you should create a file that shows what has happened to date and make entries several times during the course. There are Case Journals in the following weekly modules where you will post weekly with any updates you have.

Analyze the current cases

Determine the Procedural Posture (what’s going on what courts involved)

Facts

Issues of law

Outcomes to date and the ongoing cases

In Module 8, during the last week of the semester, you will present and turn in your final journal regarding these cases.

You should review the facts and issues of law and in your final journal you should speculate about the outcomes of these cases. If the case has not concluded by the end of the semester you should write your decision on how the case will be concluded. Your task is to read about this case and keep a journal until the end of the class and in your final report render a decision as if you are the judge. Determine your personal position and then determine how to influence public policy to comply to your position.

The below will give you a start to understand what has happened to date. Start with the history of the drug and the family/company that pioneered the drugs. Below is a sample of information on the cases but any google search will produce an abundance of information.

https://www.npr.org/2019/05/27/724093091/this-case-will-set-a-precedent-first-major-opioid-trial-to-begin-in-oklahoma

https://www.cnn.com/2019/03/26/health/purdue-pharma-oklahoma-opioid-lawsuit-settlement-bn/index.html

https://www.washingtonpost.com/health/in-oklahoma-opioid-case-windfall-starts-winners-squabbling/2019/06/20/92ce0f60-92bb-11e9-b570-6416efdc0803_story.html?noredirect=on

https://www.youtube.com/watch?v=zGcKURD_osM

https://fortune.com/2017/09/27/big-pharma-opioid-lawsuits/

https://www.npr.org/sections/health-shots/2019/03/13/702665619/opioid-litigation-brings-company-secrets-into-the-public-eye

https://www.cbsnews.com/news/johnson-johnson-opioid-verdict-company-found-guilty-in-oklahoma-by-district-judge-in-opioid-abuse-lawsuit/

https://www.washingtonpost.com/national/health-science/oklahoma-teva-pharmaceuticals-reach-85-million-settlement-in-opioid-case/2019/05/26/15a70278-7fd1-11e9-933d-7501070ee669_story.html

https://www.apnews.com/db97cb62d659426292112e8ed5f33fb1

Determining the right to counsel depends on the circumstances of a case. For this assignment, select and complete one of the three options below to demonstrate what you have learned about the right to counsel. 

Option 1: Right to Counsel Presentation

Analyze two cases involving the right to counsel and document your observations in a 7- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation.

Address the following topics:

The aspects of right to counsel for the cases

How the historical development of right to counsel relates to the cases

When the right to counsel attaches to criminal procedure for the cases

Whether the defendants in the cases exercised their right to self-representation

The role of the attorneys in the cases as it applies to right to counsel

Include videos, audio, photos, diagrams, or graphs as appropriate.

Option 2: Right to Counsel Attorney Interview

• Research one case involving the right to counsel using the Internet or University Library.
• Analyze the case and identify two or three questions you want to ask an attorney regarding the right to counsel.
• Find an attorney to interview by searching the Internet, checking your local phone book, or referring to the National Association of Criminal Defense Lawyers.
• Write a 700- to 1,050-word paper that incorporates the attorney’s responses about the right to counsel for the case. Include the following:
• The aspects of right to counsel for the case

How the historical development of right to counsel relates to the case

When the right to counsel attaches to criminal procedure for the case

Whether the defendant in the case exercised his or her right to self-representation

The role of an attorney in the case as it applies to right to counsel

Option 3: Right to Counsel Article

You are a guest writer for a legal aid blog. You noticed in the comments several people have asked questions about the right to counsel and whether they have a right to counsel based on their situation. To address this need, you decide to write an article on the topic. 

Analyze two cases involving the right to counsel and refer to these cases in your article.

Write a 700- to 1,050-word article about the right to counsel that addresses the following topics:

The aspects of the right to counsel for these cases

How the historical development of the right to counsel relates to the cases

• When the right to counsel attaches to criminal procedure for the cases
• Whether the defendants in the cases exercised their right to self-representation
• The role of the attorneys in the cases as it applies to the right to counsel

Today you are researching issues of social conflict in the news. Using the software of your choice or in a slide presentation, create a diagram or presentation that depicts the relationship between 4 of the 6 social conflict theories as discussed in Chapter 9 to a social conflict event. These include the Radical Criminology Theory, The Left-Realist Criminology Theory, Feminist Criminology, Peacemaking Criminology, Cultural Criminology, & Convict Criminology Theory. A quick reference for these theories can be found on page 239 in the text or under the Theory in Perspective section found in the e-book in Chapter 9.

Using 4 of these theories as your base, research and identify an everyday issue or past event, that you believe serves best to represent the components of each of your selected Social Conflict Theories.

Starting with your first theory, include a brief summary on a slide or in a text box on your diagram of how that theory approaches and explains social conflict. Then find an example (video or media story) that illustrates this theory. Insert the links to the video/media story in a text box that connects to that respective social conflict theory. You should have a total of 4 videos or media stories for this assignment. Once you have identified your video and/or media story, write a sentence or two explaining why or how each video/story exemplifies each theory. Reference table 9.1 Key Elements of Social Conflict Perspective to assist you in this process.

Here is a quick example: “Feminist Criminology” intends to redirect the thinking of mainstream criminologists to include gender awareness. They see conflict and inequality present in society as being based primarily on gender. A real life example of this theory in action is the #MeToo movement. Started back in 2006, this movement exposed the prevalence of sexual harassment & abuse issues in the workplace by publicizing these sex crimes. A good example of this is the case of Harvey Weinstein, a former American film producer and now convicted sex offender. I believe this case is a good example of the feminist criminology theory because it demonstrates the differences in the understanding of what is considered right and wrong/acceptable behaviors in the workplace between men and women.

Chapter 09

1. Why do many victims not report their crimes to police? How does this complicate understanding victimology?
2. Explain the difference between environmental criminology and traditional criminological theories
3. Discuss the rational-choice perspective.
4. Explain the routine-activities approach.
5. Provide an example how a crime prevention technique relying on the rational-choice perspective or routine-activities approach. In your assessment, does it work?
6. Compare the various theories of victimization
7. Explain the idea of hot spots. What would be an example of a local hot spot?
8. Understand situational crime prevention and its pros and cons
9. What is displacement? What are it’s positive and negative consequences?

AFTER ACTIONS REPORT – Chapter 10

1. Which theory best explains criminal violence? Why? What are the weaknesses?
2. In your opinion, what form of violence is most pressing today? How do you justify your answer?
3. Differentiate among the various categories of criminal homicide
4. Explain the concept of victim precipitation
5. Explain the difference between a simple assault and an aggravated assault
6. Discuss family-related crimes and the evolution of and laws related to rape
7. Discuss kidnapping and the characteristics of robbers
8. Discuss the rise of organized crime, terrorism, hate crimes, militias, and violence in schools in the United States. Of these issues, which is most pressing to society today?
9. Discuss the relationship between violence and gun control. In your assessment, does gun control work?AFTER ACTIONS REPORT – Chapter 11
   1. Discuss the elements of larceny
   2. Discuss the crossover of theft prevention measures designed for motor vehicles that are increasingly being used for boats and other watercraft
   3. Compare the various types of fraud
   4. Explain the various forms of auto insurance fraud
   5. Discuss the problems of detection and prosecution of high-tech crimes
   6. Discuss burglary and fencing
   7. Explain the role juveniles play in arson
   8. Explain the classification system of fire setters

   AFTER ACTIONS REPORT – Chapter 12

   1. Discuss the various types of white-collar crime
   2. Explain the significance of the Sarbanes-Oxley Act of 2002
   3. What is the significance of the Frank-Dodd Act?
   4. Describe the problems associated with defining and determining the frequency of corporate crime
   5. Research a classic example of white collar crime, what were the specifics of the crime, what were the consequences?
   6. Explain the development of corporate criminal law in the United States
   7. Compare the different models of corporate culpability
   8. Why are White Collar offenses often the least penalized crimes?