2 part assignment each assignment has different formatting and word count**goal of assignment is to provide feedback to the responses given, it is ok to disagree it is ok to add more detail and expand. that is the main point.citations ****see attachments SEPARATE EACH ALONG WITH REFERENCES FOR EACH
rights_at_trial.docx
sampling_and_causation_.docx
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Replies to each should be at least {250} words. So 500 words total
for 2
Responses to classmates are informative and contribute to advancing
knowledge of the topic.
It is ok to disagree**
Include at least 1 properly cited peer reviewed reference for each.
bluebook format
Original Question.
1.
discuss numerous rights a defendant receives at trial. Discuss, in detail, two of those rights and
explain why they are crucial to ensuring a fair trial.
JOHNSON RESPONSE 1111111111111111111
The Sixth Amendment was established to ensure that certain rights are protected under the
Constitution. One such right, is the right to a speedy trial. According to our text, in 1966, the Supreme
Court made specific guidelines about securing a speedy trial for the accused. First, a speedy trial keeps
the accused from being detained longer than necessary while waiting for a trial date. Second, it protects
the accused from the stigma that sometimes comes from public scrutiny. If it is a high-profile case with
any media attention, it can cause a great amount of stress and anxiety for the accused before they have
even been found guilty. Finally, a speedy trial can help minimize damage to their case. [1] In United
States v. Marion, the Supreme Court concentrated on the language of the sixth amendment and made it
clear that the assurance of a speedy trial does not begin until the accused is arrested or indicted. In this
case, the defendants were not indicted until roughly three years after the crime they were accused of
happened. The case was dismissed by the district court citing that delay would have caused prejudice
against the defendants although there was no such prejudice discovered. On appeal, the Supreme Court
reversed the decision and concluded that the sixth amendment rule was not applicable to the defendants’
allegation during the thirty-eight-month delay between the act they were charged with, and the time of
the indictment, was in violation of their right to a speedy trial. [2]
The right to compulsory process provided under the sixth amendment means that the accused is entitled
to have testimony incorporated in his or her defense by use of subpoena. The defense for the accused
can subpoena written documents, or witnesses that have information that could potentially aid in proving
their case. [3] In Webb v. Texas, the defendant, who was accused of burglary, called his only witness to
testify who was in prison at the time. The Judge in the case admonished the witness as to what would
happen to him if he lied under oath, stating that if he committed perjury, he would face many additional
years in prison. The defense objected citing that the witness could not testify freely because the court
placed him under such distress. Subsequently, despite counsel’s objection, the court rejected the
defense. In turn, this put a hindrance on the defendant’s case. The defendant was convicted, however, on
appeal, the Supreme Court, reversed the defendant’s conviction because the judge’s threatening behavior
towards the defense’s only witness deprived him of his due process under the Fourteenth
Amendment. [4] Under Washington v. Texas, the Supreme Court went on to say that the due process
clause guarantees the right to have a witness testify in his favor and that the use of witness intimidation is
unconstitutional. [5]
[1]
[2]
[3]
[4]
[5]
John L. Worrall, Criminal Procedure: From First Contact To Appeal 5th Ed. (2015).
United States v. Lovasco 431 U.S. 783 (1977).
John L. Worrall, Criminal Procedure: From First Contact To Appeal 5th Ed. (2015).
Webb v. Texas 409 U.S. 95 (1972).
Washington v. Texas 388 U.S. 14 (1967).
GREG RESPONSE 22222222222222
There are three main rights provided by the constitution, the right to a speedy trial, the right to an
impartial judge and the right to an impartial jury. I think that all these rights are important and play a
vital role in preserving a defendant’s rights. One of the rights a defendant receives at trial is within the
Sixth Amendment of the U. S. Constitution. The Sixth Amendment to the U.S. Constitution states “In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of
the state and district wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause of the accusation; to be
confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.”
I believe that the right to a speedy trial is important because it is crucial to preserve the integrity of the
witnesses and limits interference to suppress any statements or facts that may or may not be used during
trial. I also believe that the right to a speedy trail helps limit the things that happen or take place during
incarceration. Mental stress as well as physical stress occur while in custody and providing a speedy trial
prevents these burden from being long term when the defendant may be innocent.
Another case helps make this point in showing the importance of the 6th Amendment in that of
United States v. Ewell where it was held that the new indictment was not barred by the Sixth or Fifth
Amendment. The right to speedy trial depends on the circumstances of the case. I believe this is
important because it protects the rights of people in that as Justice Abe Fortas dissented that due process
prevents the government from indicting an individual after vacation of that individual’s conviction arising
out of the same transaction.
One such case that shows why a speedy trial may be important also is Barker v. Wingo, this case
stated that basically if a defendant could not make bail they would remain incarcerated awaiting trial and
that the effects of this could be harmful on the individuals. I also think this case brings up a good point as
well about a speedy trial in that the inability of courts to provide a prompt trial has contributed to a large
backlog of cases in urban courts which, among other things, enables defendants to negotiate more
effectively for pleas of guilty to lesser offenses and otherwise manipulate the system.
Another right is that of an impartial judge. Under the 14th Amendment the defendant is
guaranteed the right to an impartial judge. It is the function of the judge to make sure each side’s rights
are preserved, and a judge who is not impartial is unable to do this. Furthermore, there are many trials in
which there is no jury, and then it is even more important to have an impartial judge.
References.
United States v. Ewell, 383 U.S. 116 (1966).
Barker v. Wingo 407 U.S. 514 (1972).
Replies to each should be at least {300} words. So 600 words total
for 2
Responses to classmates are informative and contribute to advancing
knowledge of the topic.
It is ok to disagree**
Include at least 1 properly cited peer reviewed reference for each.
APA format
Original Questions.
1. What are Independent and Dependent variables? How do they work together in a hypothesis? Using
your own research project, highlight what it is that you want to study. Please give one example of a
hypothesis using one independent and on dependent variable from your research proposal. Please write
the hypothesis as an If/Then statement!
2. Briefly review the research design for either of the two assigned articles for this week. What do you
think about how the research was done? Assess and critique the research design.
111111 HAYES 1111111
What are independent and dependent variables? How do they work together in a hypothesis?
A hypothesis is a statement about an observation that shows a relationship between two or more
variables. These variables are either independent or dependent. An independent variable is the “cause”
and the dependent variable is the “effect.” The independent variable is assumed to cause or lead to a
variance in the dependent variable. The independent variable can be changed in order to determine if
there is an effect on the dependent variable. The dependent variable is assumed to vary because of the
impact of the independent variable. The dependent variable relies on the independent variable to
determine effect the change has (Research Observatory, 2007).
Using your own research project, highlight what it is that you want to study.
For my research proposal, I have chosen to focus on the death penalty and whether or not it acts
as a deterrent for criminals not to commit crimes that could be punishable by a death sentence.
Please give one example of a hypothesis using one independent and one dependent variable from your
research proposal.
I hypothesize that the death penalty does act as a deterrent for criminals not to commit crimes punishable
by the death penalty instead of a life sentence in prison.
Please write the hypothesis as an If/Then statement.
If the death penalty is an option for a criminal’s punishment then it does act as a deterrent for the criminal
not to commit crimes that could result in a death sentence.
What do you think about how the research was done? Assess and critique the research design.
I chose to assess and critique the article authored by Baumer and Adams, “Controlling a Jail
Population by Partially Closing the Front Door: An Evaluation of a ”Summons in Lieu of Arrest”
Policy.” The authors presented informative material about overpopulation in jails and prisons they had
obtained by using the county’s computer system to gather the data needed to find cases and to find a
comparison group from the previous year. Baumer and Adams explained about the court litigation
ordering the county to reduce its jail and prison populations by handing out tickets instead of arresting
offenders and putting them in jail for violating one or more of the seven non-violent misdemeanor
offenses, such as possession of marijuana, possession of paraphernalia, driving with a suspended license,
operating a vehicle never having received a license, prostitution, patronizing a prostitute, and conversion
(generally shoplifting). These are petty grievances and to put offenders in jail for violating them causing
overpopulation and the jurisdiction to spend money feeding and housing the offenders isn’t necessary
because the offenders do not find jail time as a deterrent, if the offenders felt jail time was a deterrent
they would not violate these laws. The results may have been muddled by offenders who had been
arrested multiple times for the same offense. Offenders who had old cases and then were arrested and
booked for one or more of the seven misdemeanors. The authors’ research does show a reduction in
bookings, but to get a truer picture, a longer period needs to be evaluated and compared. The
information needs to be sorted more to reduce the issues with the individuals being arrested multiple
times for the same offense (Adams & Baumer, 2006).
Overpopulation is definitely an issue that needs researched and addressed. According to Lee Simmons,
over 60 percent of inmates nationwide have yet to be convicted of a crime. They are in jail awaiting their
trials. He also stated that it costs over 17 billion dollars annually to keep offenders in jail until they are
convicted of a crime (Simmons, 2016).
REFERENCES
Adams, K., Baumer, T.L. (2006). Controlling a Jail Population by Partially Closing the Front Door. An
Evaluation of a “Summons in Lieu of Arrest” Policy. The Prison Journal. Vol. 86. No.3
Research Observatory @ UWE. (2007). Ro.uwe.ac.uk. Retrieved from
http://ro.uwe.ac.uk/RenderPages/RenderLearningObject.aspx?Context=6&Area=1&Room=3&Constellation
=54&LearningObject=297
Simmons, L. (2016). How to Fix Overcrowded Jails. Stanford Graduate School of Business. Retrieved from
https://www.gsb.stanford.edu/insights/how-fix-overcrowded-jails
222222222 GERALDINE 22222222222222
Independent variable is a variable that that researcher control and can change a research. The dependent
variable is the variable that is affected by the independent variable. Variables are of critical importance in
research because, in a hypothesis, variation in one viable is proposed to predict, influence, or cause a
change in other. The proposed influence is the independent variable, and its effect or consequences are
the dependent variables. Researchers formulate one or more hypothesis and develop research procedures;
they collect data with which to test the hypothesis (Bachman & Schutt, 2014).
I chose for study the effect of a school shooting. Because of the school shooting, it is important that the
children are safe when they are away at school. If school shooting is on the decrease, then why have so
many young lives been taken. What steps can be taken to ensure their safety? There are many victims of
school shootings, including, most obviously, the students that are killed. The tragedy of slain children is
evident and unjustified that it would be easy to construct the meaning of school shootings based on
deaths. Even when child shooters are partly motivated by the vicious bullying of their peers, it is rarely
the bullies themselves who are killed or maimed ( Warnick et al., 2010).
Briefly review the research design for either of the two assigned articles for this week. What do you think
about how the research was done? Assess and critique the research design
I chose the article “Discretionary Decision Making by Probation and Parole Officers: The Role of Extralegal
Variables as Predictors of Responses to Technical Violations.” The study used data collected in a national
self-report survey of 332 probation and parole officers (PPOs), the study investigated the extralegal
predictors of discretionary decisions made by Probation and Parole Officers when their clients committed
technical violations during community supervision.
According to Kerbs et al., 2009, the literature has historically found the legal factors relate to the offender
(e. g., offense history, offense severity, etc.) were key to predicting the outcomes of the discretionary
decision made by criminal justice personnel. Also, the literature has yet provided a detailed quantitative
analysis that examines the demographic predictors of discretionary decisions made by PPOs responding to
offenders that violate the technical conditions of community supervision. The study takes a final step
examining the extralegal predictors (i. e., individual, occupational, and organizational predictors) of
Probation and Parole Officers decisions regarding offenders who commit technical violations.
In the article, the independent variable refers to the PPO socio-demographic, occupational, and
organizational characteristics. The dependent variable indicates to the officer discretionary responses to
specific offender technical violations, i, e., verbal/written reprimands, other administrative sanctions, or an
arrest warrant or formal hearing for legal sanctions (ncjrs, 2009).
Although the authors did a good job in providing good results of the study, it was also noted that there
were limitations and future research for the study. The survey experienced a “words-versus-deeds”
challenge. The officers were only able to predict what they would do given a particular scenario. The
scenarios presented were brief, and there were other factors presented that could have been relevant in
decision making. The officers were not presented with choices about what sort of formal intervention they
might have taken at formal hearings. The results cannot be generalized because this study did not utilize a
random sample; moreover, the Appa membership was not representative of all PPOs in the U. S., mainly
because the Appa roster appeared to be top heavy with administrators and short on line-level officers.
Therefore, future research should aim to replicate and advance these findings with random samples that
can be generalized to the country, state, or federal levels(Kerbs et al., 2009).
References
Bachman, R. & Schutt, R. (2014). Fundamentals of research in criminology and criminal justice
(3rd ed.). Thousand Oaks, CA: Sage Publications.
Kerbs, J., Jones, Mark, and Jennifer M, Jolley (2009). Discretionary Decision Making
By Probation and Parole Officers: The Role of Extralegal Variables as Predictors
Of Responses to Technical Violations, Journal of Contemporary Criminal
Justice 25: 424.
Warnick, B. R., Johnson, B. A., & Rocha, S. (2010). Tragedy and The Meaning of School
Shooting, Educational Theory, 60(3), 371-390. Retrieved from http://search-proquestCom.ezproxy1.apus.edu/docview/744663795? Accountid=8289
Retrieved from https://www,ncjrs.gov/App/Publications/abstract.aspx?ID=250836
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