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damage at an early age can lead to neurodevelopmental disorders

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Assignment: Study Guide Forum

Abnormal brain development or damage at an early age can lead to neurodevelopmental disorders. Within this group of disorders, some are resolvable with appropriate and timely interventions, either pharmacological or nonpharmacological, while other disorders are chronic and need to be managed throughout the lifespan.

For this Assignment, you will develop a study guide for intellectual disability and share it with your colleagues. In sum, these study guides will be a powerful tool in preparing for your certification exam.

To Prepare

· Your Instructor will assign you to a specific neurodevelopmental disorder from the DSM-5-TR –(intellectual disability).

· Research your assigned disorder using the Walden Library. Then, develop an organizational scheme for the important information about the disorder.

The Assignment

Create a study guide for your assigned disorder (intellectual disability). Your study guide should be in the form of an outline with references, and you should incorporate visual elements such as concept maps, charts, diagrams, images, color coding, mnemonics, and/or flashcards. Be creative! It should not be in the format of an APA paper. Your guide should be informed by the DSM-5-TR but also supported by at least three other scholarly resources.

Areas of importance you should address, but are not limited to, are:

· Signs and symptoms according to the DSM-5-TR

· Differential diagnoses

· Incidence

· Development and course

· Prognosis

· Considerations related to culture, gender, age

· Pharmacological treatments, including any side effects

· Nonpharmacological treatments

· Diagnostics and labs

· Comorbidities

· Legal and ethical considerations

· Pertinent patient education considerations

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Diagnosis of Schizophrenia Spectrum and Other Psychotic Disorders

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Assignment: Diagnosis of Schizophrenia Spectrum and Other Psychotic Disorders

This week, you have focused on key symptoms related to schizophrenia spectrum and other psychotic disorders. Now, in this Assignment, you practice diagnosing in this area.

This is your fifth practice in diagnosing mental disorders. When reviewing the case study, remember that social workers keep a wide focus on several potential syndromes, analyzing patterns of symptoms, risks, and environmental factors. Narrowing down from that wider focus happens naturally as you match the individual symptoms, behaviors, and risk factors against criteria and other information in the DSM-5-TR.

Here are a few tips or reminders:

· Catatonia is a specifier, although it does have a code. It even appears on a line of its own and may look like a code. However, it cannot be used as a diagnosis on its own.

· Remember to include all of the words that go with the diagnostic code.

Note: Remember that symptoms can occur in many disorders. As a result, all disorders in the DSM-5-TR covered up until this point may factor into your diagnosis (for example, as a possible additional disorder you diagnose).

To Prepare

· Review the case study for this week.

· Start by familiarizing yourself with the disorders from the DSM-5-TR found in the Learning Resources this Week.

· Look within the noted sections for symptoms, behaviors, or other features the client presents within the case study.

· If some of the symptoms in the case study cause you to suspect an additional disorder, then research any of the previous disorders covered so far in the course.

· This mirrors real social work practice where you follow the symptoms.

· Review the correct format for how to write the diagnosis noted below. Be sure to use this format.

· Remember: When using Z codes, stay focused on the psychosocial and environmental impact on the client within the last 12 months.

By Day 7

Submit your diagnosis for the client in the case. Follow the guidelines below.

· The diagnosis should appear on one line in the following order. Note: Do not include the plus sign in your diagnosis. Instead, write the indicated items next to each other.

Code + Name + Specifier (appears on its own first line) Z code (appears on its own line next with its name written next to the code)

Then, in 1–2 pages, respond to the following:

· Explain how you support the diagnosis by specifically identifying the criteria from the case study.

· Describe in detail how the client’s symptoms match up with the specific diagnostic criteria for the disorder (or all the disorders) that you finally selected for the client. You do not need to repeat the diagnostic code in the explanation.

· Identify the differential diagnosis you considered.

· Explain why you excluded this diagnosis/diagnoses.

· Explain the specific factors of culture that are or may be relevant to the case and the diagnosis, which may include the cultural concepts of distress.

· Explain why you chose the Z codes you have for this client.

· Remember: When using Z codes, stay focused on the psychosocial and environmental impact on the client within the last 12 months

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The voice of my heart in my side or the voice of the sea

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YEARS

PROJECT M :USE 11

The Souls of Black Folk W.E.B. Du Bois, Shawn Leigh Alexander

Published by University of Massachusetts Press

Bois, W.E.B. Du and Shawn Leigh Alexander. The Souls of Black Folk: Essays and Sketches. University of Massachusetts Press, 2018. Project MUSE. muse.jhu.edu/book/59563.

For additional information about this book https://muse.jhu.edu/book/59563

[ Access provided at 17 Aug 2020 23:33 GMT from University of California, Berkeley ]

https://muse.jhu.edu

https://muse.jhu.edu/book/59563

OF OUR SPIRITUAL STRIVINGS

O water, voice of my heart, crying in the sand, All night long crying with a mournful cry,

As I lie and listen, and cannot understand The voice of my heart in my side or the voice of the sea,

O water, crying for rest, is it I, is it I? All night long the water is crying to me.

Unresting water, there shall never be rest Till the last moon droop and the last tide fail,

And the fre of the end begin to burn in the west; And the heart shall be weary and wonder and cry like the

sea, All life long crying without avail,

As the water all night long is crying to me. ARTHUR SYMONS.

BETWEEN me and the other world there is ever an unasked question: unasked by some through feelings of delicacy; by others through the dif-

fculty of rightly framing it. All, nevertheless, futter round it. They approach me in a half-hesitant sort of way, eye me curiously or compassionately, and then, instead of saying directly, How does it feel to be a problem? they

2 THE SOULS OF BLACK FOLK

say, I know an excellent colored man in my town; or, I fought at Mechanicsville; or, Do not these Southern out- rages make your blood boil? At these I smile, or am inter- ested, or reduce the boiling to a simmer, as the occasion may require. To the real question, How does it feel to be a problem? I answer seldom a word.

And yet, being a problem is a strange experience, — peculiar even for one who has never been anything else, save perhaps in babyhood and in Europe. It is in the early days of rollicking boyhood that the revelation frst bursts upon one, all in a day, as it were. I remember well when the shadow swept across me. I was a little thing, away up in the hills of New England, where the dark Housa- tonic winds between Hoosac and Taghkanic to the sea. In a wee wooden schoolhouse, something put it into the boys’ and girls’ heads to buy gorgeous visiting-cards — ten cents a package — and exchange. The exchange was merry, till one girl, a tall newcomer, refused my card, — refused it peremptorily, with a glance. Then it dawned upon me with a certain suddenness that I was different from the others; or like, mayhap, in heart and life and longing, but shut out from their world by a vast veil. I had thereafter no desire to tear down that veil, to creep through; I held all beyond it in common con- tempt, and lived above it in a region of blue sky and great wandering shadows. That sky was bluest when I could beat my mates at examination-time, or beat them at a foot-race, or even beat their stringy heads. Alas, with the years all this fne contempt began to fade; for the worlds I longed for, and all their dazzling opportunities, were theirs, not mine. But they should not keep these

3 OF OUR SPIRITUAL STRIVINGS

prizes, I said; some, all, I would wrest from them. Just how I would do it I could never decide: by reading law, by healing the sick, by telling the wonderful tales that swam in my head, — some way. With other black boys the strife was not so fercely sunny: their youth shrunk into tasteless sycophancy, or into silent hatred of the pale world about them and mocking distrust of every- thing white; or wasted itself in a bitter cry, Why did God make me an outcast and a stranger in mine own house? The shades of the prison-house closed round about us all: walls strait and stubborn to the whitest, but relentlessly narrow, tall, and unscalable to sons of night who must plod darkly on in resignation, or beat unavailing palms against the stone, or steadily, half hopelessly, watch the streak of blue above.

After the Egyptian and Indian, the Greek and Roman, the Teuton and Mongolian, the Negro is a sort of seventh son, born with a veil, and gifted with second-sight in this American world, — a world which yields him no true self- consciousness, but only lets him see himself through the revelation of the other world. It is a peculiar sensation, this double-consciousness, this sense of always looking at one’s self through the eyes of others, of measuring one’s soul by the tape of a world that looks on in amused con- tempt and pity. One ever feels his two-ness, — an Ameri- can, a Negro; two souls, two thoughts, two unreconciled strivings; two warring ideals in one dark body, whose dogged strength alone keeps it from being torn asunder.

The history of the American Negro is the history of this strife, — this longing to attain self-conscious man- hood, to merge his double self into a better and truer self.

4 THE SOULS OF BLACK FOLK

In this merging he wishes neither of the older selves to be lost. He would not Africanize America, for America has too much to teach the world and Africa. He would not bleach his Negro soul in a food of white American- ism, for he knows that Negro blood has a message for the world. He simply wishes to make it possible for a man to be both a Negro and an American, without being cursed and spit upon by his fellows, without having the doors of Opportunity closed roughly in his face.

This, then, is the end of his striving: to be a co-worker in the kingdom of culture, to escape both death and isolation, to husband and use his best powers and his latent genius. These powers of body and mind have in the past been strangely wasted, dispersed, or forgotten. The shadow of a mighty Negro past fits through the tale of Ethiopia the Shadowy and of Egypt the Sphinx. Throughout history, the powers of single black men fash here and there like falling stars, and die sometimes before the world has rightly gauged their brightness. Here in America, in the few days since Emancipation, the black man’s turning hither and thither in hesitant and doubtful striving has often made his very strength to lose effectiveness, to seem like absence of power, like weakness. And yet it is not weakness, — it is the contra- diction of double aims. The double-aimed struggle of the black artisan — on the one hand to escape white con- tempt for a nation of mere hewers of wood and drawers of water, and on the other hand to plough and nail and dig for a poverty-stricken horde — could only result in mak- ing him a poor craftsman, for he had but half a heart in either cause. By the poverty and ignorance of his people,

5 OF OUR SPIRITUAL STRIVINGS

the Negro minister or doctor was tempted toward quack- ery and demagogy; and by the criticism of the other world, toward ideals that made him ashamed of his lowly tasks. The would-be black savant was confronted by the para- dox that the knowledge his people needed was a twice-told tale to his white neighbors, while the knowledge which would teach the white world was Greek to his own fesh and blood. The innate love of harmony and beauty that set the ruder souls of his people a-dancing and a-singing raised but confusion and doubt in the soul of the black artist; for the beauty revealed to him was the soul-beauty of a race which his larger audience despised, and he could not articulate the message of another people. This waste of double aims, this seeking to satisfy two unreconciled ideals, has wrought sad havoc with the courage and faith and deeds of ten thousand thousand people, — has sent them often wooing false gods and invoking false means of salvation, and at times has even seemed about to make them ashamed of themselves.

Away back in the days of bondage they thought to see in one divine event the end of all doubt and disappoint- ment; few men ever worshipped Freedom with half such unquestioning faith as did the American Negro for two centuries. To him, so far as he thought and dreamed, slavery was indeed the sum of all villainies, the cause of all sorrow, the root of all prejudice; Emancipation was the key to a promised land of sweeter beauty than ever stretched before the eyes of wearied Israelites. In song and exhortation swelled one refrain — Liberty; in his tears and curses the God he implored had Freedom in his right hand. At last it came, — suddenly, fearfully,

6 THE SOULS OF BLACK FOLK

like a dream. With one wild carnival of blood and passion came the message in his own plaintive cadences: —

“Shout, O children! Shout, you’re free! For God has bought your liberty!”

Years have passed away since then, — ten, twenty, forty; forty years of national life, forty years of renewal and development, and yet the swarthy spectre sits in its accustomed seat at the Nation’s feast. In vain do we cry to this our vastest social problem: —

“Take any shape but that, and my frm nerves Shall never tremble!”

The Nation has not yet found peace from its sins; the freedman has not yet found in freedom his promised land. Whatever of good may have come in these years of change, the shadow of a deep disappointment rests upon the Negro people, — a disappointment all the more bitter because the unattained ideal was unbounded save by the simple ignorance of a lowly people.

The frst decade was merely a prolongation of the vain search for freedom, the boon that seemed ever barely to elude their grasp, — like a tantalizing will-o’-the-wisp, maddening and misleading the headless host. The holo- caust of war, the terrors of the Ku-Klux Klan, the lies of carpet-baggers, the disorganization of industry, and the contradictory advice of friends and foes, left the bewildered serf with no new watchword beyond the old

7 OF OUR SPIRITUAL STRIVINGS

cry for freedom. As the time few, however, he began to grasp a new idea. The ideal of liberty demanded for its attainment powerful means, and these the Fifteenth Amendment gave him. The ballot, which before he had looked upon as a visible sign of freedom, he now regarded as the chief means of gaining and perfecting the liberty with which war had partially endowed him. And why not? Had not votes made war and emancipated millions? Had not votes enfranchised the freedmen? Was anything impossible to a power that had done all this? A million black men started with renewed zeal to vote themselves into the kingdom. So the decade few away, the revolution of 1876 came, and left the half-free serf weary, wonder- ing, but still inspired. Slowly but steadily, in the following years, a new vision began gradually to replace the dream of political power, — a powerful movement, the rise of another ideal to guide the unguided, another pillar of fre by night after a clouded day. It was the ideal of “book- learning”; the curiosity, born of compulsory ignorance, to know and test the power of the cabalistic letters of the white man, the longing to know. Here at last seemed to have been discovered the mountain path to Canaan; lon- ger than the highway of Emancipation and law, steep and rugged, but straight, leading to heights high enough to overlook life.

Up the new path the advance guard toiled, slowly, heavily, doggedly; only those who have watched and guided the faltering feet, the misty minds, the dull understandings, of the dark pupils of these schools know how faithfully, how piteously, this people strove to learn. It was weary work. The cold statistician wrote down the

8 THE SOULS OF BLACK FOLK

inches of progress here and there, noted also where here and there a foot had slipped or some one had fallen. To the tired climbers, the horizon was ever dark, the mists were often cold, the Canaan was always dim and far away. If, however, the vistas disclosed as yet no goal, no resting-place, little but fattery and criticism, the journey at least gave leisure for refection and self-examination; it changed the child of Emancipation to the youth with dawning self-consciousness, self-realization, self-respect. In those sombre forests of his striving his own soul rose before him, and he saw himself, — darkly as through a veil; and yet he saw in himself some faint revelation of his power, of his mission. He began to have a dim feel- ing that, to attain his place in the world, he must be himself, and not another. For the frst time he sought to analyze the burden he bore upon his back, that dead- weight of social degradation partially masked behind a half-named Negro problem. He felt his poverty; with- out a cent, without a home, without land, tools, or sav- ings, he had entered into competition with rich, landed, skilled neighbors. To be a poor man is hard, but to be a poor race in a land of dollars is the very bottom of hard- ships. He felt the weight of his ignorance, — not sim- ply of letters, but of life, of business, of the humanities; the accumulated sloth and shirking and awkwardness of decades and centuries shackled his hands and feet. Nor was his burden all poverty and ignorance. The red stain of bastardy, which two centuries of systematic legal deflement of Negro women had stamped upon his race, meant not only the loss of ancient African chastity, but also the hereditary weight of a mass of corruption from

9 OF OUR SPIRITUAL STRIVINGS

white adulterers, threatening almost the obliteration of the Negro home.

A people thus handicapped ought not to be asked to race with the world, but rather allowed to give all its time and thought to its own social problems. But alas! while sociologists gleefully count his bastards and his prostitutes, the very soul of the toiling, sweating black man is darkened by the shadow of a vast despair. Men call the shadow prejudice, and learnedly explain it as the natural defence of culture against barbarism, learning against ignorance, purity against crime, the “higher” against the “lower” races. To which the Negro cries Amen! and swears that to so much of this strange prejudice as is founded on just homage to civilization, culture, righteousness, and progress, he humbly bows and meekly does obeisance. But before that nameless prejudice that leaps beyond all this he stands helpless, dismayed, and well-nigh speechless; before that personal disrespect and mockery, the ridicule and systematic humiliation, the distortion of fact and wanton license of fancy, the cynical ignoring of the better and the boister- ous welcoming of the worse, the all-pervading desire to inculcate disdain for everything black, from Toussaint to the devil, — before this there rises a sickening despair that would disarm and discourage any nation save that black host to whom “discouragement” is an unwritten word.

But the facing of so vast a prejudice could not but bring the inevitable self-questioning, self-disparagement, and lowering of ideals which ever accompany repres- sion and breed in an atmosphere of contempt and hate.

10 THE SOULS OF BLACK FOLK

Whisperings and portents came borne upon the four winds: Lo! we are diseased and dying, cried the dark hosts; we cannot write, our voting is vain; what need of education, since we must always cook and serve? And the Nation echoed and enforced this self-criticism, say- ing: Be content to be servants, and nothing more; what need of higher culture for half-men? Away with the black man’s ballot, by force or fraud, — and behold the suicide of a race! Nevertheless, out of the evil came something of good, — the more careful adjustment of education to real life, the clearer perception of the Negroes’ social respon- sibilities, and the sobering realization of the meaning of progress.

So dawned the time of Sturm und Drang: storm and stress to-day rocks our little boat on the mad waters of the world-sea; there is within and without the sound of con- fict, the burning of body and rending of soul; inspiration strives with doubt, and faith with vain questionings. The bright ideals of the past, — physical freedom, political power, the training of brains and the training of hands, — all these in turn have waxed and waned, until even the last grows dim and overcast. Are they all wrong, — all false? No, not that, but each alone was over-simple and incomplete, — the dreams of a credulous race-childhood, or the fond imaginings of the other world which does not know and does not want to know our power. To be really true, all these ideals must be melted and welded into one. The training of the schools we need to-day more than ever, — the training of deft hands, quick eyes and ears, and above all the broader, deeper, higher culture of gifted minds and pure hearts. The power of the ballot

11 OF OUR SPIRITUAL STRIVINGS

we need in sheer self-defence, — else what shall save us from a second slavery? Freedom, too, the long-sought, we still seek, — the freedom of life and limb, the free- dom to work and think, the freedom to love and aspire. Work, culture, liberty, — all these we need, not singly but together, not successively but together, each growing and aiding each, and all striving toward that vaster ideal that swims before the Negro people, the ideal of human brotherhood, gained through the unifying ideal of Race; the ideal of fostering and developing the traits and tal- ents of the Negro, not in opposition to or contempt for other races, but rather in large conformity to the greater ideals of the American Republic, in order that some day on American soil two world-races may give each to each those characteristics both so sadly lack. We the darker ones come even now not altogether empty-handed: there are to-day no truer exponents of the pure human spirit of the Declaration of Independence than the American Negroes; there is no true American music but the wild sweet melodies of the Negro slave; the American fairy tales and folk-lore are Indian and African; and, all in all, we black men seem the sole oasis of simple faith and reverence in a dusty desert of dollars and smartness. Will America be poorer if she replace her brutal dyspep- tic blundering with lighthearted but determined Negro humility? or her coarse and cruel wit with loving jovial good humor? or her vulgar music with the soul of the Sorrow Songs?

Merely a concrete test of the underlying principles of the great republic is the Negro Problem, and the spiri- tual striving of the freedmen’s sons is the travail of souls

12 THE SOULS OF BLACK FOLK

whose burden is almost beyond the measure of their strength, but who bear it in the name of an historic race, in the name of this the land of their fathers’ fathers, and in the name of human opportunity.

And now what I have briefy sketched in large outline let me on coming pages tell again in many ways, with loving emphasis and deeper detail, that men may listen to the striving in the souls of black folk

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Difficult Conversations

Specifics for the Difficult Conversations Assignment Difficult Conversations: (120 points) After reading this book, you will be asked to construct a business proposal that seeks change by applying both the concepts in the “difficult conversations” text as well as what has been learned regarding the proper format for business reports/proposals. Topics to consider—what they are, common problems, how we can improve them, etc. Most of what you discuss will come from ideas explored in the book Difficult Conversations, yet many of the things studied in this class, and the diversity and inclusion content from MGMT 490, can assist you in helping others productively manage conflict. Once you are comfortable with the required format/content, then think about how you can apply what you read to a current/past workplace situation and use the proposal to identify the current state, why change is needed, and how that change could be implemented based on what you read. This assignment is confidential, and only my eyes will see it. I am looking to see if the content in this book was meaningful and if you know how to better handle a real-world situation because of it. You will upload your document in your week. To ensure you are detailed, the final product should be 3-6 single-spaced pages with a minimum of six citations either from the book or other credible sources. In reading, I should clearly understand the situation, why these concepts would help, a walkthrough of concept application, and either results or anticipated results. I encourage all students to submit their topic choice before preparing their proposals. What I would do if I were Preparing for this Assignment: 1. Carefully go through the book Difficult Conversations and select the quotations and ideas you believe support a workplace current or past conflict you can use as your inspiration to suggest workplace change. 2. To ensure maximum points, review the rubric under Assessments called Difficult Conversations before preparing your proposal.3. Review chapters 9 and 10 in your text for visual formatting requirements for business reports and proposals, including spacing and heading. (I believe you will find chapter 10 the most helpful. Specifically, 10.9 for a works cited sample, and 10.2 and 10.4 for a format sample. Pages 288-290 discuss minimum content sections). · This is an informal proposal, meaning TOC and title page are not needed but practice formal, third-person business writing. 4. You want to write formally, but for the purpose of this assignment, generate an informal letter proposal so you can focus on applying your effort to the book concept application and not creating a table of contents. Follow the format in the book regarding single-spacing, headings, etc., and be sure these elements are included:· Introduction· Background of the problem· Proposal· Staffing and budgeting needs· Authorization· Appendix (optional, not required)· References, work cited page properly formatting giving proper credit to the quotations, graphics within the proposal.· Be sure you properly cite within the proposal AND have a reference page· If you are unsure of the proper format, follow the sample in your chapter, or go to https://owl.purdue.edu/owl/purdue_owl.html for guidance. 5. Be sure your proposal is detailed enough that I clearly understand the situation and can clearly see DC concepts directly applied as to how to improve this situation. Your proposal should be free of errors: grammar, punctuation, and spacing.6. Upload your proposal in your week. This is confidential for my eyes to see only. Tips: 1. Assume the audience has not read this book or situation you are analyzing2. You are a manager/teacher/problem solver here—please be professional and thoughtful in your approach3. Don’t recite the book; I’ve read it. Show that you read and mastered the concepts by applying them and citing them.4. This should be fun, educational, and professional. Be creative.5. Feel free to get help from friends. For example, if you wanted to include a survey, case study, or outcome from a role play, that is fine but not required.6. You are welcome to cite more than just this book to support your proposal.7. I should read it, understand the issue/need, see how the change would play out, what is needed to make the change, and, based on the problem, want to make the change.

8. Have fun…create something that teaches others a few things that might help them not avoid difficult conversations in the future but approach them more confidently and earn more positive results

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What About Jesse?

Chapter 10 Assignment

Please put answer in the template provided

1. Read “What About Jesse?” Answer the following questions:

a. Where were the legal responsibilities of each of Jesse’s teachers and the building principal at the school?

b. How do you think the due process hearing officer ruled in this case and why?

2. Which of the Supreme Court cases do you believe has had the most impact on students with disabilities and why?

3. What is the 4-prong test established to determine least restrictive environment?

4. What is the major difference between Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act-2004?

5. Why is it so important to have laws and regulations that protect the rights of students with disabilities?

6. Do you believe that school districts would provide services if they were not mandated to do so? Why or why not?

7. What are the laws that protect the rights of students with disabilities?

8. Define the following terms:

a. Adequate year progress (AYP)

b. Related Services

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explore numerous classroom management models and theories

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Assignment Details

In this course, you will explore numerous classroom management models and theories. You will begin this journey by choosing one model to research for this paper. This assignment provides you an opportunity to develop your understanding of one particular model. In this paper, you will choose one of the models or theories presented in the textbook. The research project should include the following elements:

Introduction: The introduction should state the name and author of the model or theory you have chosen along with a short overview. Explain why you chose this model or theory over others.

Body: The body of the paper contains the key points of the model or theory with specific explanations of those points and examples of how they would work in the classroom. Include a discussion of the advantages and disadvantages of implementing this model. A minimum of three credible, reliable sources should be used to support your writing.

Summary and Conclusions: In this section you should discuss how you would implement three of the key points of the model or theory into your own classroom (noting any changes in your present management style you would need to make or any training you feel you might need) to make this implementation successful. If you disagree with one of the key points, discuss why that point could not be successfully implemented into your classroom and support this reasoning with evidence from another model or theory.

This paper should be 2–3 pages in length. Present the research project in APA format, with a title page and properly formatted citations and reference list.

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identify the ethical implications of classifying costs correctly

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Purpose: The purpose of this assignment is to allow you to identify the ethical implications of classifying costs correctly and following the appropriate rules of the accrual process.

Parameters: For this assignment, you will write a 3-4 page paper, not including the Title and Reference pages. The paper must include at least 2 references, including the Bible. Your paper should follow current APA format. You should compose your paper in a professional format, including complete, coherent sentences.

Prompt: After reviewing the Reading & Study materials for the week, identify the ethical implications of classifying costs correctly and following the appropriate rules of the accrual process. The paper must also include a discussion on how your personal faith should guide your ethical behavior in your career.

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What types of crimes do organized crime groups commit?

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Abadinsky

Discussion Board Topic: What types of crimes do organized crime groups commit? Why do you feel that these types of criminal actions are chosen? How do some of these crimes harm legitimate businesses? Use evidence from your readings and module videos to support your thoughts.

Discussion Board Guidelines: Submit an answer to the discussion board. Each discussion board post will be between 250 – 350 words long. Refer & cite current resources in your answer.

CHAPTER THIRTEEN

Organized Crime in Labor, Business, and Money Laundering

Abadinsky, Organized Crime 10th ed.

In 1957, Albert Anastasia, boss of the Gambino Family and unofficial ruler of the Brooklyn waterfront, was murdered in a barber’s chair at a New York hotel. His brother, (“Tough”) Tony Anastasio, a member of the Gambino Family and official ruler of the Brooklyn waterfront, remained head of International Longshoremen’s Local 1814 in Red Hook, Brooklyn, until his natural death in 1963. This chapter discusses the four international unions connected to OC.

LABOR RACKETEERING

 Infiltration, domination, and use of a union for personal benefit by illegal, violent, and fraudulent means.

Labor rackets assume 3 basic forms:

 Sale of “strike insurance.”

 “Sweetheart deal.”

 Siphoning of union funds.

ORGANIZED LABOR IN AMERICA

 Civil War led to dramatic industrialization of U.S.

 Industrialization led to unionization.

 Labor wars.

 Wagner Act of 1935: Right of workers to organize and engage in collective bargaining.

LABOR RACKETEERING: IN THE BEGINNING…

 In the early days, labor unions provided “muscle” from the ranks of their membership to deal with management Pinkerton agents and strikebreakers.

Abuse of power, needless strikes, extortionate practices.

Benjamin “Dopey” Fein: Jewish gang leader, part of Jewish labor movement.

 Protected pickets and union delegates against management goons.

LEPKE BUCHALTER

Worked as strong-arm for labor-industrial racketeers.

Revolutionized labor racketeering.

 Infiltrated unions and management to gain control.

 Extorted wealth from NY garment, leather, baking, trucking industries.

LABOR RACKETEERING AND THE BIG FOUR

Unions also fought with each other.

 During struggles over jurisdiction and representation between the AFL and the CIO, both sides resorted to muscle from organized crime.

 Many locals and some internationals were delivered into the hands of organized crime.

1982 congressional committee: International unions (LIUNA, HEREIU, ILA, IBT) are dominated by OC.

LABORERS’ INTERNATIONAL UNION OF NORTH AMERICA (LIUNA)

Close ties to the Outfit.

Surveillance tapes of New Jersey Family boss Sam DeCavalcante, discussing how control of Laborers’ Union locals enabled him to “shake down” building contractors who wanted to avoid using expensive union labor.

2000: 127 LIUNA officials found to be OC members or associates.

HOTEL EMPLOYEES AND RESTAURANT EMPLOYEES INTERNATIONAL UNION (HEREIU)

HEREIU charters often provided the basis for extortion.

 “If an owner knew what was good for him, he agreed to have his place unionized upon the first visit of the organizer.”

 The Philadelphia local was controlled by the Family headed by Angelo Bruno.

Bruno Family members forced hotels in Atlantic City to buy supplies and provisions from companies they own.

INTERNATIONAL LONGSHOREMEN’S ASSOCIATION (ILA)

The NY waterfront harbor plays a critical role in the movement of goods throughout the Eastern seaboard.

Without government regulation, OC controlled it.  In control of the ILA, OC targeted the shipping

industry.  Ship turnaround time is crucial to shippers.  Shakedown shippers by threatening walkouts.

The “shape up” provided corrupt ILA officials with kickbacks from workers eager for a day’s wage.

WATERFRONT COMMISSION

 In 1952, it was revealed that OC, using its control of the ILA, “had for years been levying the equivalent of a 5 percent tax on all general cargo moving in and out of the harbor.”

 Outrage led to the 1953 establishment of the New York–New Jersey Waterfront Commission.

 Commission has banned persons with serious criminal records from the docks.

 Eliminated the “shape-up.”

 Convicted criminals prohibited from holding office in waterfront unions.

 Commission audits books and records of licensed stevedore firms to guard against illegal payoffs and other violations.

INTERNATIONAL BROTHERHOOD OF TEAMSTERS (IBT)

 IBT is the most important union to come under the domination of organized crime because virtually every consumer product needs to be trucked.

Largest labor union in U.S.  1.4+ million truckers, delivery drivers, warehouse

workers, flight attendants, and other workers.  Lost membership since 1970s.  Once represented 80 percent of long-haul truck

drivers, but now represents only about 8 percent. 12

JIMMY HOFFA, TONY PROVENZANO (“TONY PRO”), JOHN DIOGUARDI AND ANTHONY CORALLO,

ALLEN DORFMAN, JACKIE PRESSER

Some of these went from union reformer to labor racketeer. Others began as racketeers.

They used corrupt methods to gain high position in the union, and used union funds for personal use.

Most were convicted of crimes. Some were acquitted when witnesses were murdered.

Several corrupt local unions were placed in trusteeships by the government.

HOFFA VERSUS KENNEDY

Hoffa was subpoenaed to appear before the Senate Select Committee on Improper Activities in the Labor or Management Field.

 He referred to committee counsel Robert Kennedy as “Bob” or “Bobby” and as “nothing but a rich man’s kid.”

 1960: John F. Kennedy was elected president of the United States and appointed his brother Robert attorney general. Robert Kennedy made the Labor Racketeering Unit of the Criminal Division his personal “Get Hoffa Squad.”

Hoffa was subsequently accused of trying to bribe jurors and in 1964 was convicted of jury tampering and sentenced to eight years’ imprisonment.

BUSINESS RACKETEERING

There is no hard-and-fast line separating labor racketeering from business racketeering—one is often an integral part of the other.

 In many schemes involving corrupt union officials, “legitimate” businessmen have willingly cooperated in order to derive benefits such as decreased labor costs, inflated prices, or increased business in the market.

THE GARMENT CENTER

 Business racketeering in NY’s garment industry dates back to Lepke Buchalter.

 Today it centers on racketeer control of local trucking: whoever controls trucking controls the industry.  The fast-paced nature of the fashion industry cannot

countenance delays in shipping garments. Until 1992, garment center trucking was controlled by

Carlo Gambino’s sons.  1992 plea deal: Gambino brothers pled guilty to restraint

of trade violations and agreed to quit NYC’s garment center and pay a fine of $12 million.

RESTRAINT OF TRADE

Bid rigging and customer allocation are restraint of trade violations of the Sherman Act.

 Maximum fine for corporations: $100 million.

 OC provides a restraint-of-trade policing service.

Sometimes, OC “muscles in” to extort a part, when otherwise legitimate businesses have illegal restraint of trade agreements among themselves.

CONSTRUCTION INDUSTRY

OC can limitt competition by enforcing a system of collusive bidding.

Construction contractors, assisted or led by union officials and LCN family members, allocate jobs among themselves and exclude non-cartel.

Participant companies are beneficiaries, not victims, since the benefits of the cartel offset the increased costs it imposes.

PRIVATE SOLID WASTE CARTING

Companies “faced with the constant threat of cutthroat competition are tempted to pay gangsters for protection against competitors.”

Competition drives down profits until, with or without help from OC, an association is formed.

Members divide up the industry, allocating territories or specific customers.

Members (illegally) agree not to compete for another member’s business.

CRIMINALS IN A LEGITIMATE BUSINESS

6 reasons for OC involvement in legitimate business:

 Profit

 Diversification

 Transfer

 Services

 Front

 Taxes

THE SCAM / BUST OUT

Bankruptcy fraud that victimizes wholesale providers of various goods and sometimes insurance companies

The business used as the basis for a scam may be set up with that scheme as its purpose, or it may be an established business that has fallen into OC control as a result of gambling or loan shark debt.

STOCK FRAUD

Through the OC network, stolen securities can be transferred to a country with strict bank secrecy laws.

The securities are deposited in a bank, which issues a letter of credit, which is used to secure loans that are then defaulted.

 Used as collateral for bank loans from “cooperative” loan officials or “rented” to legitimate businessmen in need of collateral for instant credit.

MONEY LAUNDERING

Cash-rich criminals have a problem: laundering their illegal gains.

Modern financial systems permit instant transfer of millions of dollars through personal computers and satellite dishes.

Money is laundered through currency exchange houses, stock brokerage houses, gold dealers, casinos, automobile dealerships, insurance companies, and trading companies.

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Black’s Law Dictionary, jury nullification

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According to Black’s Law Dictionary, jury nullification is “[a] jury’s knowing and deliberate rejection of the evidence or refusal to apply the law either because the jury wants to send a message about some social issue that is larger than the case itself or because the result dictated by law is contrary to the jury’s sense of justice, morality, or fairness.” For the purposes of this response paper, assume that jury nullification can happen only in a criminal proceeding when a jury returns a verdict of “not guilty.” (Of course, a jury can acquit a criminal defendant even when it does not nullify – when it is not convinced beyond a reasonable doubt, on the basis of the law and the evidence, that the defendant is guilty. But if a jury nullifies, then it does so only by acquitting a criminal defendant.)

Does the possibility of jury nullification make the American criminal legal system better or worse (all things of relevance to justice, societal well-being, and the rule of law considered)?

The paper should: (1) start by taking a clear position on whether, all things considered, allowing for jury nullification makes the American criminal legal system, overall, better or worse; (2) then offer arguments in favor of that position in an organized way; and (3) then respond to at least one (you may respond to more than one) of the strongest arguments against that position.

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Police involvement in the deaths of Freddie Gray, Walter Scott, Eric Garner, and Michael Brown are examples of abuse of police power

In this journal entry, reflect on at least two things you learned or discovered through the Chapter’s readings. Reflect on how a particular topic in the chapter was interesting, challenging, boring, surprising to you and how you may apply a particular concept or theory you learned in the reading in your current or future profession.

Instructions: There is no minimum word limit for your journals, however, you will need to put in some effort and write at least a couple of good paragraphs for your reflection journals.

Criminal Justice: A Brief Introduction Thirteenth Edition

Chapter 5 Policing: Legal Aspects

The Abuse of Police Power

• Police involvement in the deaths of Freddie Gray, Walter Scott, Eric Garner, and Michael Brown are examples of abuse of police power

• The beating of Rodney King by L A P D officers was the most widely discussed abuse of police power prior to these events

• No one is above the law, not even the police

A Changing Legal Climate

• The U.S. Constitution and Bill of Rights are designed to protect citizens against abuses of police power

• In the 1960s, the Warren Court focused on guaranteeing individual rights during criminal prosecution by holding the criminal justice system to strict procedural requirements

• More recently, a new conservative Court philosophy has reversed some Warren-era advances

Table 5.1 Constitutional Amendments of Special Significance to the American System of Justice (1 of 2)

This Right Is Guaranteed By This Amendment

The right against unreasonable searches and seizures

Fourth

The right against arrest without probable cause Fourth

The right against self-incrimination Fifth

The right against “double jeopardy” Fifth

The right to due process of law Fifth, Sixth, and Fourteenth

The right to a speedy trial Sixth

The right to a jury trial Sixth

The right to know the charges Sixth

The right to cross-examine witnesses Sixth

The right to a lawyer Sixth

Table 5.1 Constitutional Amendments of Special Significance to the American System of Justice (2 of 2)

This Right Is Guaranteed By This Amendment

The right to compel witnesses on one’s behalf Sixth

The right to reasonable bail Eighth

The right against excessive fines Eighth

The right against cruel and unusual punishments

Eighth

The applicability of constitutional rights to all citizens, regardless of state law or procedure

Fourteenth

Note: The Fourteenth Amendment is not a part of the Bill of Rights.

Checks and Balances

• The Constitution provides for checks and balances among the legislative, judicial, and executive branches

– One branch is always held accountable to other branches

– System ensures that no individual or agency can become too powerful

• People who feel their rights were violated can appeal to courts for redress

Due-Process Requirements

• Due process required by 4th, 5th, 6th, and 14th Amendments

• Areas where due process requirements are relevant to the police:

– Evidence and investigation (search and seizure) – Detention and arrest – Interrogation

• Landmark cases produce major changes in justice system operations

Search and Seizure

• Fourth Amendment protects against unreasonable searches and seizures:

–“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Exclusionary Rule (1 of 2)

• Holds that evidence illegally seized by the police in violation of a defendant’s constitutional rights cannot be used in a trial

• Exclusionary rule acts as a control over police behavior

• Weeks v. U.S. (1914) – First landmark case concerning search and

seizure – Only applied exclusionary rule to federal officers

The Exclusionary Rule (2 of 2)

• Writ of Certiorari – A writ issued from an appellate court for the

purpose of obtaining the lower court’s records of a particular case

– A mechanism for discretionary review

• Fruit of the poisonous tree doctrine – Evidence later developed as a result of illegal

search and seizure is excluded from trial – Silverthorne Lumber Co. v. U.S. (1920)

Protective Searches (1 of 2)

• Most police searches are conducted without a warrant (warrantless searches)

• Chimel v. California (1969) – Warrantless search incident to arrest is limited

to area in suspect’s immediate control

• Minnesota v. Olson (1990) – Extended protection against warrantless

searches to overnight guests in the name of another

Table 5.2 Implications of Chimel v. California (1969)

What Arresting Officers May Search

The defendant

The physical area within easy reach of the defendant

Valid Reasons for Conducting a Search

To protect the arresting officers

To prevent evidence from being destroyed

To keep the defendant from escaping

When a Search Becomes Illegal

When it goes beyond the defendant and the area within the defendant’s immediate control

When it is conducted for other than a valid reason

Protective Searches (2 of 2)

• Minnesota v. Carter (1998) – Reasonable expectation of privacy required for

4th Amendment protection

• Georgia v. Randolph (2006) – Officers may not conduct a warrantless search

if one resident gives permission, but the other refuses

• Bailey v. U.S. (2013) – Limited the power of the police to detain

people who are away from home while police search their residence

The Warren Court (1953-1969)

• Before the 1960s, the U.S. Supreme Court rarely intruded into the overall operations of the criminal justice system

• Mapp v. Ohio (1961) – Applied exclusionary rule to the states – Started the Warren Court on a course that would

guarantee recognition of individual rights

• Warren Court known as liberal or “progressive” court

The Burger Court (1969–1986)

• Court distanced itself from earlier decisions of Warren Court

• Decisions supportive of a “greater good era”—emphasis on social order and communal safety

• Criminal defendants had most of the responsibility of demonstrating that the police went beyond the law in the performance of their duties

The Rehnquist Court (1986–2005)

• The United States showed strong swing toward conservatism and renewed concern with protecting the interests of those living within the law

• Rehnquist Court invoked a characteristically conservative approach to important criminal justice issues

– Limited the exclusionary rule – Broadened police powers – Limited opportunities for appeals by offenders

The Roberts Court (2005–Today)

• Court known for conservative nature, although many opinions closely divided

• Court willing to change the law; gives little weight to precedent and stare decisis

• Roberts Court has been eroding the exclusionary rule

– Herring v. U.S. (2009): Exclusionary rule may be used only if there is an intentional or reckless violation of Fourth Amendment rights or systematic police violations with regard to searches and seizures

Good-Faith Exceptions to the Exclusionary Rule

• Good-faith exception – Allows evidence seized on the basis of good

faith, but later shown to be a mistake, to be used in court

– U.S. v. Leon, Massachusetts v. Sheppard (1984) – Clear reversal of Warren Court philosophy

• Probable cause – A set of facts that would induce a reason person

to believe that a crime was committed

The Plain View Doctrine

• Officers may seize evidence in plain view without a warrant if they are in a place where they have a legal right to be

• Key cases – Harris v. U.S. (1968) – U.S. v. Irizarry (1982) – Arizona v. Hicks (1987) – Horton v. California (1990)

• Electronic evidence creates a special problem

Emergency Searches of Property and Emergency Entry (1 of 2)

• Emergency searches involve warrantless searches which are justified on the basis of some immediate and overriding need

• Three threats provide justification for emergency warrantless action

– Clear danger to life – Clear danger of escape – Clear danger of the removal or destruction of

evidence

• Exigent circumstances searches

Emergency Searches of Property and Emergency Entry (2 of 2)

• Key cases – Warden v. Hayden (1967) – Maryland v. Buie (1990) – Wilson v. Arkansas (1995) – Richards v. Wisconsin (1997) – Illinois v. McArthur (2001) – Hudson v. Michigan (2006) – Kentucky v. King (2011)

Anticipatory Warrants

• Anticipatory warrant – Search warrant issued on the basis or probable cause

to believe that evidence, while not currently at the place described, will likely be there when the warrant is executed

• U.S.v. Grubbs (2006) affirmed the constitutionality of anticipatory warrants

Detention and Arrest (1 of 2)

• Arrest – The act of taking someone into physical custody

by authority o flaw to charge that person with a crime, delinquent act, or status offense

– Occurs when a law enforcement officer restricts a person’s freedom to leave

• Arrest is a form of seizure under the Fourth Amendment

• Investigative detention is not the same as arrest – A temporary detention for investigative

purposes, based on reasonable suspicion

Detention and Arrest (2 of 2)

• Key cases – U.S. v. Mendenhall (1980) – Stansbury v. California (1994) – Yarborough v. Alvarado (2004) – Muehler v. Mena (2005) – Rodriguez v. U.S. (2015) – Payton v. New York (1980)

Searches Incident to Arrest

• A warrantless search of an arrested individual to ensure the safety of the officer

• Terry-type stop – Brief stop and frisk based on reasonable

suspicion

• Reasonable Suspicion – Belief that would justify an officer in making

further inquiry or in conducting further investigation

– Sufficient for investigative detention but not arrest

Searches Incident to Arrest—Cases (1 of 2)

• U.S. v. Robinson (1973)

• Terry v. Ohio (1968)

• U.S. v. Sokolow (1989)

• U.S. v. Arvizu (2002)

• Minnesota v. Dickerson (1993)

Searches Incident to Arrest—Cases (2 of 2)

• Brown v. Texas (1979)

• Hibbel v. Sixth Judicial District Court of Nevada (2004)

• Smith v. Ohio (1990)

• California v. Hodari D. (1991)

Emergency Searches of Persons

• Fall under exigent circumstances exception

• F B I guidelines for conducting searches – Probable cause at the time of the search to

believe that evidence was concealed – Probable cause to believe an emergency threat

of destruction of evidence existed – No prior opportunity to obtain a warrant – Action was no greater than necessary

Emergency Searches of Persons— Cases

• Arkansas v. Sanders (1979)

• U.S. v. Borchardt (1987)

Vehicle Searches

• Motor vehicles create a special problem for law enforcement, due to their mobility

• Fleeting-targets exception – Exception to the exclusionary rule that permits

police to search a motor vehicle based on probable cause but without a warrant

– Justified by the fact that vehicles are highly mobile and can leave police jurisdiction quickly

Vehicle Searches—Cases (1 of 3)

• Carroll v. U.S. (1925)

• Preston v. U.S. (1964)

• Arizona v. Gant (2009)

• South Dakota v. Opperman (1976)

• Colorado v. Bertine (1987)

• Florida v. Wells (1990)

Vehicle Searches—Cases (2 of 3)

• Ornelas v. U.S. (1996)

• Florida v. Jimeno (1991)

• U.S. v. Ross (1982)

• Whren v. U.S. (1996)

• Maryland v. Wilson (1997)

• Brendlin v. California (2007)

Vehicle Searches—Cases (3 of 3)

• Knowles v. Iowa (1998)

• Wyoming v. Houghton (1999)

• Thornton v. U.S. (2004)

• Illinois v. Caballes (2005)

• Davis v. U.S. (2007)

Roadblocks and Motor Vehicle Checkpoints

• Community interests may require temporary suspension of personal liberty even if probable cause is lacking

• Michigan Dept. of State Police v. Sitz (1990) – Highway sobriety checkpoints legal if essential

to community welfare

• U.S. v. Martinez-Fuerte (1976) – Suspicionless seizures to intercept illegal aliens

legal

• Illinois v. Lidster (2004) – Information-seeking highway roadblocks

permissible

Watercraft and Motor Homes

• U.S. v. Villamonte-Marquez (1983) – Police may conduct warrantless searches of

watercraft

• California v. Carney (1985) – Police may conduct warrantless searches of

motor homes

• U.S. v. Hill (1988) – Police may conduct warrantless searches of

houseboats

Suspicionless Searches

• The need to ensure public safety may provide compelling interest to justify limiting the right to privacy

• Suspicionless search – A warrantless search conducted when a person

is not suspected of a crime – National Treasury Employees Union v. Von Raab

(1989) – Skinner v. Railway Labor Executives’ Association

(1989)

Suspicionless Searches—Cases

• National Treasury Employees Union v. Von Raab (1989)

• Skinner v. Railway Labor Executives’ Association (1989)

• Florida v. Bostick (1991)

• Bond v. U.S. (2000)

• U.S. v. Drayton (2002)

• U.S. v. Flores-Montano (2004)

High-Technology Searches

• Use of high technology to discover and investigate crimes is forcing courts to evaluate applicability of constitutional protections to high-tech searches and seizures

• People v. Deutsch (1996) – California appellate court held that high-tech

searches may violate reasonable expectations of privacy

• Kyllo v. U.S. (2001) – Supreme Court held high-tech searches may be

presumptively unreasonable without a warrant

Informants (1 of 3)

• Use of paid informants raises ethical concerns – Informants may be paid to get away with crimes

– Police may agree not to charge an offender if he or she will testify against others in a group

• Successful use of informants in supporting requests for warrants depends on demonstrable reliability of their information

Informants (2 of 3)

• Two-pronged test – Established by Aguilar v. Texas (1964)

– Informant information could establish probable cause if:

▪ The source of the informant’s information is clear ▪ The officer has reasonable belief that the informant

is reliable

– U.S. v. Harris (1971)—exception to two-pronged test

Informants (3 of 3)

• Totality of the circumstances test – Established by Illinois v. Gates (1983)

– Probable cause for issuing a warrant exists where an informant can be reasonably believed on the basis of everything the police know

Police Interrogation

• Interrogation is the information-gathering activity of police that involves direct questioning of suspects

• Not limited to verbal questioning

• Interrogation of suspects is subject to constitutional limits as interpreted by the courts

Physical Abuse

• Brown v. Mississippi (1936) – Physical abuse cannot be used during interrogation to

obtain a confession or elicit information from a suspect

Inherent Coercion

• The tactics used by police interviewers that fall short of physical abuse but pressure the suspect to talk

– Includes nonphysical coercion, hostility, pressure to force a confession

• Ashcraft v. Tennessee (1944) – 5th Amendment prohibits inherent coercion

during interrogation

Psychological Manipulation

• Involves manipulative actions by police interviewers, designed to pressure suspects to divulge information, that are based on subtle forms of intimidation and control

• Leyra v. Denno (1954) – Banned use of professionals skilled in

psychological manipulation to gain confessions

• Arizona v. Fulminante (1991) – Interrogation may not involve sophisticated

trickery or manipulation

The Right to a Lawyer at Interrogation —Cases

• Escobedo v. Illinois (1964)

• Edwards v. Arizona (1981)

• Michigan v. Jackson (1986)

• Minnick v. Mississippi (1990)

• Arizona v. Roberson (1988)

• Davis v. U.S. (1994)

• Montejo v. Louisiana (2009)

• Maryland v. Shatzer (2010)

Suspect Rights: The Miranda Decision

• Miranda v. Arizona (1966) – Must advise suspects of their rights before

questioning (Miranda warnings) – No evidence obtained as a result of an

interrogation conducted without a rights advisement can be used against the suspect

– Rights extended to illegal immigrants living in the United States

• Key cases – U.S. v. Dickerson (1999) – U.S. v. Patane (2004)

CJ Exhibit 5.2 The Miranda Warnings

ADULT RIGHTS WARNING Suspects 18 years old or older who are in custody must be advised of the following rights before any questioning begins:

1. You have the right to remain silent. 2. Anything you say can be used against you in a

court of law. 3. You have the right to talk to a lawyer and to

have a lawyer present while you are being questioned.

4. If you want a lawyer before or during questioning but cannot afford to hire a lawyer, one will be appointed to represent you at no cost before any questioning.

5. If you answer questions now without a lawyer here, you still have the right to stop answering questions at any time.

WAIVER OF RIGHTS After reading and explaining the rights of a person

in custody, an officer must also ask for a waiver of those rights before any questioning.

The following waiver questions must be answered affirmatively, either by express answer or by clear implication. Silence alone is not a waiver.

1. Do you understand each of these rights I have explained to you? (Answer must be YES.)

2. Having these rights in mind, do you now wish to answer questions? (Answer must be YES.)

3. Do you now wish to answer questions without a lawyer present? (Answer must be YES.)

The following question must be asked of juveniles under he age of 18:

1. Do you now wish to answer questions without your

2. parents, guardians, or custodians present? (Answer

3. must be YES.)

Waiver of Miranda Rights by Suspects

• Suspects may waive their Miranda rights through a voluntary, knowing, and intelligent waiver

• Knowing waiver – Suspect must be advised of rights, must be in a

condition to understand them

• Intelligent waiver – Suspect must understand the consequences of

not invoking rights

Inevitable-Discovery Exception to Miranda

• Evidence gathered inappropriately can be used in court if it would invariably turned up in the normal course of events

• Key cases – Brewer v. Williams (1977)—“Christian burial

speech” – Nix v. Williams (1984)

Public-Safety Exception to Miranda

• Overriding considerations of public safety may negate the Miranda requirement in order to prevent further harm

• Key cases – New York v. Quarles (1984) – Colorado v. Connelly (1986) – Kuhlmann v. Wilson (1986) – Illinois v. Perkins (1990)

Miranda and the Meaning of Interrogation

• Rock v. Zimmerman (1982) – If the suspect is not in custody and probable

cause is lacking in the investigator’s mind, questioning can occur without Miranda warnings

– Interrogation within the meaning of Miranda has not yet begun

• Miranda triggers – The dual principles of custody and interrogation – Both are necessary before an advisement of

rights is required

Miranda and the Meaning of Interrogation—Cases

• Arizona v. Mauro (1987)

• Doyle v. Ohio (1976)

• Brecht v. Abrahamson (1993)

• Missouri v. Seibert (2004)

• Florida v. Powell (2010)

• Berghuis v. Thompkins (2010)

• Salinas v. Texas (2013)

Gathering Special Kinds of Nontestimonial Evidence (1 of 2)

• Nontestimonial evidence – Generally physical evidence – Special category includes personal items within

or part of a person’s body (ingested drugs, blood cells, DNA, fingerprints, etc.)

• Gathering of very personal nontestimonial evidence complicates the issue of constitutional protections

Gathering Special Kinds of Nontestimonial Evidence (2 of 2)

• Right to privacy – The courts have placed limits on seizures of

personal nontestimonial evidence – Hayes v. Florida, Winston v. Lee (1985) Police involvement in the deaths of Freddie Gray

• Body-cavity searches – Very problematic for police – U.S. v. Montoya de Hernandez (1985)

Electronic Eavesdropping—Cases

• Olmstead v. U.S. (1928)

• On Lee v. U.S. (1952)

• Lopez v. U.S. (1963)

• Berger v. New York (1967)

• Katz v. U.S. (1967)

• Lee v. Florida (1968)

• U.S. v. White (1971)

• U.S. v. Karo (1984)

Minimization Requirement for Electronic Surveillance

• U.S. v. Scott (1978)

• Officers must make all reasonable efforts to monitor only those conversations specifically related to the criminal activity under investigation

• As soon as it becomes obvious that a conversation is innocent, monitoring personnel must cease their invasion of privacy

The Electronic Communications Privacy Act of 1986

• Established the due-process requirements police must meet to legally intercept wire communications

• Deals with three areas of communications – Wiretaps and bugs – Pen registers recording numbers dialed from a

telephone – Tracing devices that determine the number from

which a call emanates

The Telecommunications Act of 1996

• Title V of this Act made it a federal offense for anyone engaged in interstate or international communications to engage in communications that are obscene, lewd, indecent, etc. with intent to annoy, abuse, threaten, or harass another person

• Communications Decency Act (CDA) criminalized the transmission to minors of “patently offensive” obscene materials over the Internet or other computer telecommunications services

– Reno v. ACLU (1997) invalidated portions of the CDA

The USA PATRIOT Act of 2001

• Made it easier for police to intercept many forms of electronic communications

• PATRIOT II (2006) extended or made permanent a number of provisions, including roving wiretap provision

• In 2011, President Obama extended several provisions of the U S A PATRIOT Act that would have otherwise expired

Cybersecurity Information Sharing Act (C I S A)

• Designed to improve cybersecurity in the United States by facilitating information sharing about cybersecurity threats

• Allows for easy sharing of Internet traffic information between the U.S. government and technology and manufacturing companies

• Critics say it facilitates mass surveillance of private communications

Electronic and Latent Evidence

• Latent evidence—not readily visible to the unaided eye

• Special characteristics of electronic evidence – Latent – Transcends national/state borders – Fragile – Time-sensitive

• Police must take special precautions when documenting, collecting, preserving electronic evidence

Criminal Justice: A Brief Introduction
The Abuse of Police Power
A Changing Legal Climate
Slide 4
Slide 5
Checks and Balances
Due-Process Requirements
Search and Seizure
The Exclusionary Rule (1 of 2)
The Exclusionary Rule (2 of 2)
Protective Searches (1 of 2)
Table 5.2 Implications of Chimel v. California (1969)
Protective Searches (2 of 2)
The Warren Court (1953-1969)
The Burger Court (1969–1986)
The Rehnquist Court (1986–2005)
The Roberts Court (2005–Today)
Good-Faith Exceptions to the Exclusionary Rule
The Plain View Doctrine
Emergency Searches of Property and Emergency Entry (1 of 2)
Emergency Searches of Property and Emergency Entry (2 of 2)
Anticipatory Warrants
Detention and Arrest (1 of 2)
Detention and Arrest (2 of 2)
Searches Incident to Arrest
Searches Incident to Arrest—Cases (1 of 2)
Searches Incident to Arrest—Cases (2 of 2)
Emergency Searches of Persons
Emergency Searches of Persons—Cases
Vehicle Searches
Vehicle Searches—Cases (1 of 3)
Vehicle Searches—Cases (2 of 3)
Vehicle Searches—Cases (3 of 3)
Roadblocks and Motor Vehicle Checkpoints
Watercraft and Motor Homes
Suspicionless Searches
Suspicionless Searches—Cases
High-Technology Searches
Informants (1 of 3)
Informants (2 of 3)
Informants (3 of 3)
Police Interrogation
Physical Abuse
Inherent Coercion
Psychological Manipulation
The Right to a Lawyer at Interrogation—Cases
Suspect Rights: The Miranda Decision
CJ Exhibit 5.2 The Miranda Warnings
Waiver of Miranda Rights by Suspects
Inevitable-Discovery Exception to Miranda
Public-Safety Exception to Miranda
Miranda and the Meaning of Interrogation
Miranda and the Meaning of Interrogation—Cases
Gathering Special Kinds of Nontestimonial Evidence (1 of 2)
Gathering Special Kinds of Nontestimonial Evidence (2 of 2)
Electronic Eavesdropping—Cases
Minimization Requirement for Electronic Surveillance
The Electronic Communications Privacy Act of 1986
The Telecommunications Act of 1996
The USA PATRIOT Act of 2001
Cybersecurity Information Sharing Act (C I S A)
Electronic and Latent Evidence

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