- Readings and ResourceseBook:Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. (2022). Business law: The ethical, global, and e-commerce environment (18th ed.). New York: McGraw-Hill Education.In Chapter 5, you will read about the differences between crimes and torts and the role that criminal law plays in our society. This chapter examines what a prosecutor must prove to convict a defendant of a crime and how the Constitution limits the government’s ability to criminalize behavior. You will read about criminal procedure with a special emphasis on the Fourth Amendment and its exceptions. Chapter 5 wraps up with a discussion of white collar and computer crimes.
- Chapter 5: Criminal Law and Procedure
- Berghuis v. Thompkins. (2010). Oyez.
- Supreme Court procedures. (n.d.). United States Courts.
- Blakely, R.G. (n.d.). Double jeopardy. The Hertiage Guide to The Consitution.
- What is RICO?. (n.d.). HG.org.
- Computer fraud and abuse act (CFAA). (n.d.). NACDL.
- Unit 3 – Practice Pointers Practice Pointers – Alternative Formats
- TED (Producer). How judges can show respect [Video File].
- Films for the Humanities and Sciences (Producer) (2012). Courts, trials and sentencing: Due process [Video File].
- Chapter 5: Criminal Law and Procedure Chapter 5: Criminal Law and Procedure – Alternative Formats
- Unit 3 Knowledge CheckKnowledge Checks are designed to assess unit content. Take this short knowledge check quiz after reading/viewing all of the content in Unit 1. You may take this quiz multiple times to improve your score – the highest grade received will stand!Submit your completed quiz by 11:59 p.m. EST, Sunday of Unit 3.
- Unit 3 DB: Berghuis v. ThompkinsUnit 3 DB: Berghuis v. ThompkinsIn this case, after agreeing to hear the case (known as granting certiorari) the United States Supreme Court held that detectives interrogating Thompkins did not violate Thompkins’ Miranda rights in obtaining his confession.
- Read the case of Berghuis v. Thompkins. You may also find it helpful to listen to the oral arguments the lawyers made before the United States Supreme Court.
- If your last name begins with A through M you must argue in favor of the majority’s decision in the case. (Finding that the detectives did not violate Thompkins’ Miranda rights).
- If your last name begins with N through Z you must argue against the majority’s decision and in favor of the dissent. The dissent argued that Thompkins’ confession was illegally obtained in violation of his Miranda rights.
Instructions
This assignment requires you to complete the assigned reading and answer questions based on what you have learned.
See the attached document for complete instructions and grading rubric. Submit your completed assignment to the above submission link by 11:59 p.m. EST, Sunday of Unit 3.
- Unit 3 Assignment Template.docxUnit 3 Assignment.pdf
Due Date: 11:59 p.m. EST, Sunday of Unit 3
Points: 100
Overview:
This assignment requires you to complete the assigned reading and answer questions based on what you have learned.
Instructions:
• Fill in the attached template.
• Answer each of the following 5 questions in a short answer essay format. Be sure to use examples to support your analysis.
o What are the purposes of our criminal justice system? In your opinion, is one goal more important than another?
o Can a criminal defendant be prosecuted twice for the same act?
o Define each of the following: white collar crime, the Sarbanes-Oxley Act, and RICO.
o What is the Computer Fraud and Abuse Act?
o What is a whistleblower? What conflicting ethical duties might a whistleblower encounter?
Requirements:
• Use APA format for non-legal sources such as the textbook. Use Bluebook citation format for any legal citations.
• Submit a Word document using the template.
• Maximum two pages in length, excluding the Reference page.
Be sure to read the criteria below by which your work will be evaluated before you write and again after you write.
LAW204 – Business Law I
Criminal Law
Copyright 2022 Post University, ALL RIGHTS RESERVED
Evaluation Rubric for Criminal Law Assignment
CRITERIA
Deficient
Needs Improvement
Proficient
Exemplary 0 – 44 Points 45 – 59 Points 60 – 74 Points 75 Points
Analysis
Does not concisely and clearly answers the questions.
Somewhat concisely and clearly answers the questions.
Mostly concisely, succinctly, and clearly answers the questions.
Concisely, succinctly, and clearly answers the questions. 0 – 5 points 6 – 7 points 8 – 9 points 10 points
Paper Length
More than 2 pages
n/a
n/a
2 pages or less 0 – 8 points 9 – 11 points 12 – 14 points 15 points
Clear and Professional Writing and APA/Bluebook Format
Errors impede professional presentation; guidelines not followed.
Significant errors that do not impede professional presentation.
Few errors that do not impede professional presentation.
Writing and format are clear, professional, APA/Bluebook compliant, and error fre
