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APA
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Law
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Essay
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English (U.S.)
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CRJ:325 Questions Law Essay Research Paper Coursework

Essay Instructions:

Please see attached questions and answer briefly. Please answer them in format that they are in. Essay type answer is not necessary.

 

Please answer each question briefly. Use references if you must but not required. Please keep answers labeled so that I know each question was answered.

1. "Immunity” Please respond to the following:

  • Assume you are a judge in state court presiding over a high-profile criminal case in which the governor, who is married and has five children, allegedly killed his campaign manager (who was also his mistress) because she wanted to break off their relationship. The case has generated tremendous publicity in the local and national media. Discuss the following: (a) what constitutional issues might arise during the trial, given the nature of the case; and (b) what you, as the trial judge, can do to avoid the conviction being reversed by the U.S. Supreme Court on those issues if raised on appeal. Support your response.

2. "Legal Liability" Please respond to the following: 

  • Officer Harris, a police officer in Kansas, violated a court order by refusing to arrest Frank, a husband against whom a restraining order had been issued by the court. Officer Harris’s refusal resulted in serious injury to Frank’s wife and daughter. A case is brought against Officer Harris alleging a violation of Section 1983 (federal law) and a violation of Kansas state tort law. Will Officer Harris be liable under one or both of these laws? Justify your answer.

3. "Electronic Surveillance" Please respond to the following: 

  • Use the Internet or the Strayer Online Library (https://research(dot)strayer(dot)edu) to research, identify, and examine a case involving suspected terrorist activities where electronic surveillance was used from within the last five years. Summarize the case and the circumstances. Then, support your opinion for or against the use of electronic surveillance of U.S. citizens without court orders in cases of suspected terrorist activities. Provide support for your opinion.

 

 

 

Essay Sample Content Preview:
CRJ QUESTIONS
Name
Institution
Question one
a). Considering the criminal is a Governor, the constitution provides sovereign immunity that states that government cannot commit a legal wrong making it immune from criminal and civil suit prosecution (Jaffe, 1963). The Governor in our case is acting on behalf of the government and hence may raise issues while trying to prosecute the same.
b). As a trial judge, there is exception to the said sovereign immunity. The sovereign immunity protects the government from prosecution however there are exceptions where we can depart from the immunity to sue the officer of the government, as law states that a private party can sue a government officer if their act resulted in injuries. The federal Tort Claim Act will help to prevent the Supreme Court from reversing the lawsuit. As because of the governor’s act, there was harm to another party. The action is justiciable based on tort principles and thus the said immunity loses meaning.
Question two
Officer Harris is not liable for violation of tort law because officers are protected through the public duty doctrine. The public duty states that government functions are not owed to private individuals but to the public in general. There is also the question of whether a reasonable well trained officer could have found a probable cause existing with the issued order based on the concept of Harlow and Leo...
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