DISCUSSION QUESTION & ASSIGNMENT PLEASE SEE ATTACHMENTS…..

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Role of Jurisdiction and Precedent in Cri

m

inal Law

Meshunna D. Ross

Walden University

CRJS 200

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Professor Gregory Koehle

January 3,2020

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Part One

The state police and the county sheriff department have jurisdiction over the Case of the

Missing tribe Member. The incident occurred within a specific state where the state police and

the county sheriff department has jurisdiction. The state police have a statewide mandate of

initiating law enforcement criminal activity. It also has the authority to perform duties beyond

the county sheriff, such as the enforcement of the traffic laws, managing the state security, and

coordinating the multi-jurisdictional task force activities. Notably, the county sheriff’s

department is also responsible for keeping peace and enforcing the law, answerable to citizens in

the respective county and the individual constitution. Therefore, the state police and the county

sheriff department meet the legal and constitutional threshold to take over the missing person

(Lowatcharin & Stallmann, 2017). The two municipalities may not be interested in assuming the

jurisdiction since the case extended to more than fifty miles away from their area of jurisdiction.

The FBI is the ideal agency to take over ‘The Case of the Internet Relationship’ (14

fourteen-year-old Ana in Colorado and Eric, who lives in New Mexico). The federal law allows

the FBI to investigate federal crimes and collect intelligence to aid other law enforcement

agencies (Osowski, 2018). The case of Ana is associated with cybercrime, where the FBI has full

jurisdiction. The state police have jurisdiction over ‘The Case of Cannabis Oil.’ Each state has

enacted its law about the use of cannabis, which the investigative officers will be guided in

executing its mandate.

Part Two

‘The Case of the Internet Relationship’ should be handled by the Federal Bureau of

Investigation. Ana is a Colorado resident, while the internet boyfriend (Eric) is a resident of New

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Mexico. The county sheriff department’s state police cannot claim the authority of the case since

it outside their area of jurisdiction. The power of the state police is limited within the respective

state. Notably, the incident started on the internet where the FBI has the necessary and federal

authority to carry out the investigation and prosecution of the culprit before a law court.

There is a combination of the federal authority that gives the FBI mandate to take over

the Ana-Eric case. FBI is tasked with using advanced intelligence tools such as surveillance or

recruiting the sources to arrest and prosecute Eric for violation of Ana’s fundamental rights and

other applicable laws as enshrined in the supreme law of the land. The Federal Bureau of

Investigation can switch between intelligence collection and action instead of other domestic law

enforcement agencies in other parts of the United States of America. It is also easy for the FBI to

streamline the process of gathering intelligence on the subject (in this case, Eric), learn about the

social activities (Messenger chats), and expedite the arresting process arraigning him before a

competent court of law.

FBI has jurisdiction over a range of crimes (Osowski, 2018). For example, violent crime,

international crime, and other organized crimes fall under its jurisdiction. According to Title 28,

U.S. Code, Section 533, the Federal Bureau of Investigation has the authority to invest crimes

that are not exclusively assigned to either Colorado or the New Mexico state. Title 18, U.S.

Code, section 3052 authorizes the FBI to conduct an investigation, make timely arrests, and

serve court warrants (Sampathkumar, 2020). The authorities’ combination makes the FBI the

right and relevant law enforcement agency to track down the criminal activities of Eric (resorting

to manipulative social mechanisms and use of alcohol) to involve a minor in adult activities and

finally kidnap her.

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There is no doubt that Eric is not only a kidnapper but a cyber-criminal; the right area of

interest for the FBI. As a child predator, he relied on the internet to take advantage of the

unsuspecting Ana. He leveraged the best online scheme of victimizing her for his selfish goals.

Therefore, the federal authorities and other legal requirements place the FBI at the center stage of

taking over the criminal investigation until Eric is brought to account. The FBI has the best cyber

strategy for imposing risk and the consequences of any form of cyber adversaries

(Sampathkumar, 2020). FBI has the best tools for changing the behavior of Eric and other

cybercriminals who are focused on preying on the United States’ minor citizens. Eric understands

the psychology of the fourteen-year-old Ana. He moved with speed by sharing photos of pets,

selfies, and other personal information contrary to the United States of America’s constitution. In

a nutshell, I highly recommend the Federal Bureau of Investigation to take over this matter since

it the best federal agency with full jurisdiction and expertise resources for bringing Eric to

account.

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References

Lowatcharin, G., & Stallmann, J. I. (2017). Developing a Cross-National Index of Police

Decentralization. Social Science Asia, 3(4), 29-53. Retrieved from

https://socialscienceasia.nrct.go.th/index.php/SSAsia/article/view/4

Osowski, K. (2018). Investigating a Serial Killer: The Development of the FBI’s Role Told

Through Public Documents. Step 46, 19.

Sampathkumar, M. (2020). Inside the FBI. Enslow Publishing, LLC. ISBN 9781978507357.

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Assignment: The Role of Jurisdiction and Precedent in Criminal Law

From this week’s readings, you know that jurisdictional decisions affect many cases, even when the jurisdiction may initially seem clear. This can be because one agency exerts general police authority, but the crime relates to an area of specific police interest (such as narcotics), or because there is a lack of precedent for an agency to investigate a given crime.

In this Assignment, you apply what you have learned about jurisdictional decisions by playing the role of a law enforcement officer arguing for jurisdiction.

To prepare:

Read the Week 5 case studies found in the Criminal Justice Case Studies: Criminal Law, Week 5 document.

This Assignment requires you to apply your learning to all the case studies in the document.

By Day 7 of Week 5

Write a paper that is divided into the following two parts.

Part 1

In 250 words, address the following for each of the three cases:

Identify the criminal justice agencies that may want to claim jurisdiction in the case study.

Explain briefly why each agency would want to claim jurisdiction and what the benefit would be to each agency.

Explain briefly why an agency may NOT want to assume jurisdiction.

Part 2

In 500 words, address the following:

Select one of the case studies discussed in Part 1 and choose one of the agencies you discussed that could potentially claim jurisdiction.

Imagine that you are going to argue to your superior that your agency deserves jurisdiction.

Write a report explaining why your agency deserves—or may not want—jurisdiction. Expand upon and build support for the brief explanation from above.

Be sure to state your position and draw upon examples from the case study and Learning Resources to support your position.

STUDENT REPLIES

STUDENT REPLY #1 Kristin Esposito

Ethics should be factored into any major decision passed down by a court. The very definition of jurisdiction is the authority given to a court to decide cases in particular geographical areas. This means that the courts really have a heavy responsibility to ensure the community they rule over will benefit from decisions made. Victims are an important factor in these decisions, because they have suffered the most from the crime committed. There are multiple states that have victim rights laws that require courts to allow victims to not only be present, but to speak out against the accused on how the crime has affected them and/or their family. There are some considerations that need to be factored into for the defendant as well. The defendant, if accused, must be able to actually complete the sentence passed down to them. If the court finds that the defendant is of limited means financially, or has obstacles to staying employed full-time, the court must decide how to properly hand down a punishment that will fit and not make it impossible for someone to pay their debt to society. Things like community service, programs to obtain a GED or job training, and possible alcohol/drug treatment are possible sanctions that would be manageable.

Law enforcement needs to be more attentive to the needs of victims, and not be so focused on the crime/conviction. Victims are easily pushed off when the main focus is on the investigation and pushing a conviction through. Victim involvement in the legal process (i.e. victim impact statements) is a great reminder to the court system and law enforcement that someone’s life was affected by this crime, and it gives the victim a voice in the process. Town halls are another great idea to get community input on particular crimes in the area and how citizens feel about current judicial patterns or decisions.

STUDENT REPLY

STUDENT REPLY #2 Marshelle Owens

In a jurisdiction, I believe that ethical consideration should be at its highest degree when it comes to determining what is best for the victim, the offender, and the community. When deciding what is best for the victim, the court should take into account the history and integrity of the individual. Does he provoke danger to happen to him, or is he a law-abiding citizen? Next, when the court is deciding the fate of the offender, they again need to examine the offender’s history as well and see if they have a history of crimes committed. Lastly, the community is very important. In making decisions on what is best for the community, the courts would have to consider the history and demographics of it and crimes committed. Its past and present would be strongly taken under consideration in determining what is the best next step to take to prevent crime in this area in protecting the citizens who reside there.

Law enforcement could better protect these communities by having a relationship with the people who live in them. They need to communicate with the residents in a respectful way and try to develop a partnership that they all need to get along for the good of everyone. They do not need to intimidate them but give people in the community the chance to hear their voices and concerns as well. They need to work together in preventing future crimes from happening.

Reference:

Lippman, M. (2018). Contemporary Criminal Law: Concepts, cases, and controversies (5th ed.). Thousand Oaks, CA; Sage Publications