Tag: freddie

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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Writers Solution

Freddie is confused about taxation of superannuation contributions. He has friends who write a cheque, send it to their superannuation fund and claim a tax deduction

The Assignment (student to complete)
Section 1: Establish the relationship with the client and identify their objectives, needs and financial situation
Section 1 Part A — Establish relationship
Apart from the initial contact with the Rosenbergs at your retirement seminar, you have met with them twice in order to gather the information you need to assess their situation and provide them with advice.
Briefly explain at least five (5) strategies you are likely to use with a client in order to ensure that they are comfortable with you and the interview process. (200 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 1 Part B — Adviser obligations
Referring directly to yourself and your licensee, explain what an FSG is and why it is necessary. Provide details of the law you must comply with and the information the FSG must contain, including your complaints procedure. (250 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 1 Part C — Tax and cash flow
Using the information you have gathered from your clients (i.e. the information provided in the case study and fact finder), complete the table below and determine their cash flow position and annual savings capacity.
You can assume that the clients have no tax deductions or liabilities other than those stated in the case study or fact finder.
Section 1 Table 2
Tax calculation Freddie Sara Combined Comments
Income from employment
Salary or income from employment
Salary sacrifice
Salary after salary sacrifice
Rental income
Unfranked dividends
Franked dividends
Franking (imputation) credits
Interest
Other income (e.g. taxable benefits, trust income, investment income)
Capital gains 1 yr
Capital gains 1 yr
Tax-free component of capital gains
Assessable income
Deductible expenses
Donations
Income protection insurance
Business overheads insurance
Other
Taxable income
Tax on taxable income
Non-refundable tax offsets (e.g. LITO/SAPTO/LMITO)
Medicare levy
Medicare levy surcharge
Franking rebate
Refundable rebates and offsets
Total tax
Cash flow Freddie Sara Combined Comment
Salary less any salary sacrificed amount
Total expenses
Total income received before tax less total expenses
Total tax payable from tax table above
Total net cash flow
Assessor feedback:
[insert feedback]
Date assessed: Click here to enter a date
Does the student need to resubmit? No
Questions that need to be resubmitted
First submission Not yet demonstrated
Resubmission Not applicable
To pass this subject, you will need to be assessed as DEMONSTRATED for either your first submission or your resubmission.
Section 2: Analyse client objectives, needs, financial situation and risk profile to develop appropriate strategies and solutions
Section 2 Part A — Gaps in information
Identify any gaps in your data collection based on the fact finder in Appendix 1 and the summary of information provided. From the interviews, are there any other issues that would need to be followed up with Freddie and Sara? (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 2 Part B — Risk profile
Identify the Rosenbergs’ likely risk profile based on the information they have provided. Identify any concerns that you may have with their responses compared with the information in the case study.
• Suggest questions you could use to clarify the responses.
• Justify why you do or do not think that the score and the resulting risk profile category is an accurate reflection of their tolerance to risk, and decide on a profile for each. (250 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 2 Part C — Strategies
Summarise appropriate retirement strategies for Freddie and Sara.
• Consider superannuation and non-superannuation assets and strategies.
• Provide a detailed explanation of why you consider these assets and strategies to be appropriate.
• Include the lump sum amount that Freddie and Sara will need at retirement to achieve their income goal, and strategies to help them reach that goal.
• Provide a summary of other recommendations that you will include in your SOA for Freddie and Sara. (500 words)
Answer here
Assessor feedback: Resubmission required?
No
Assessor feedback:
[insert feedback]
Date assessed: Click here to enter a date
Does the student need to resubmit? No
Questions that need to be resubmitted
First submission Not yet demonstrated
Resubmission Not applicable
To pass this subject, you will need to be assessed as DEMONSTRATED for either your first submission or your resubmission.
Section 3: Address clients’ questions and concerns about superannuation matters
Section 3 Part A — Product research
Freddie and Sara have stated they are happy with their current superannuation funds. Provide a summary of the type of research you would conduct to ensure the suitability of these funds for the clients’ future retirement needs. (250 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 3 Part B — Client queries on superannuation contributions
Freddie and Sara have a number of questions about superannuation contributions after the seminar they attended and as a result of their research. Respond to their questions, basing your answer on their personal situation. You may be required to re-educate the clients where they are confused or misunderstand the superannuation rules.
Question 1
Freddie is confused about taxation of superannuation contributions. He has friends who write a cheque, send it to their superannuation fund and claim a tax deduction. He asks:
Am I correct in assuming that we can both claim personal tax deductions for any superannuation contributions we make? Could you explain the tax deduction rules
that apply to our situations, how much can we contribute and when we can start?
Answer Freddie’s questions. (250 words)
Answer here
Assessor feedback: Resubmission required?
No
Question 2
Sara asks:
We read an article recently that said Freddie can split the superannuation contributions he makes to my superannuation account. Is that correct, and if so, how does it work?
Answer Sara’s question. (150 words)
Answer here
Assessor feedback: Resubmission required?
No
Question 3
Freddie is concerned about tax payable if they invest any of their cash savings into superannuation. He says:
I’ve heard that some people have had to pay tax on superannuation contributions at the highest tax rates. How can we be sure we won’t fall into that trap?
Answer Freddie’s question. (150 words)
Answer here
Assessor feedback: Resubmission required?
No
Section 3 Part C — Client queries on superannuation benefit payments
Question 1
Sara asks:
When and how can we access our superannuation? Can we get it if we are still working?
Explain the rule that applies in their circumstances. Explain when and under what circumstances they will be able to access their superannuation. Assume Sara (53) was born in April 1967 and Freddie (55) was born in May1965. (200 words)
Answer here
Assessor feedback: Resubmission required?
No
Question 2
Freddie asks:
I understand this may not apply to us, but my older brother is 58 and he told me he pays a bit of tax now when he takes money out of super, but when he turns 60, it will be almost nothing. Why is that?
Discuss the situation if the lump sum was taken at retirement after age 60 and just before age 60. Include a brief explanation of components of a lump sum, how they are taxed and any other matters relating to them? (200 words)
Answer here
Assessor feedback: Resubmission required?
No
Question 3
Sara asks:
Tell us more about these income stream options we would have in retirement. How do they work? When can we start one? What are the rules that apply and how much tax do we pay?
Discuss this in broad terms and explain the situation immediately before and after reaching age 60. Assume Sara and Freddie will continue to work until age 65 and then retire. (300 words)
Answer here
Assessor feedback: Resubmission required?
No
Assessor feedback:
[insert feedback]
Date assessed: Click here to enter a date
Does the student need to resubmit? No
Questions that need to be resubmitted
First submission Not yet demonstrated
Resubmission Not applicable
To pass this subject, you will need to be assessed as DEMONSTRATED for either your first submission or your resubmission.
Section 4: Present appropriate strategies and solutions to the client and negotiate a financial plan, policy or transaction. Provide ongoing service where requested by the client
You must now prepare an SOA based on the recommendations made, which will be used to record this advice (including amendments, if any) for Freddie and Sara. Remember that the SOA must be of a standard that is compliant and would be suitable to present to a client.
Important instructions
• What to submit: You have been provided with cash flow templates to use for the assignment SOA. Please include them with your submission.
• Template SOAs and SOA preparation software: Do not use the sample SOA published by ASIC as a basis for your submission. The use of financial planning software and dealer templates to prepare your SOA is also not permitted. Submissions that exhibit excessive reliance on SOA templates may be considered to be plagiarism or collaboration, and may not be considered to be a reasonable attempt at the assignment.
• Assumptions: You must list the assumptions used in your SOA in your assignment submission. These will generally include:
– any assumptions you have made regarding missing background information on the clients
– any assumptions you have used to calculate future income from your recommended investments
– any assumptions used for fees and premiums relating to the products you have recommended.
• Strategy advice: You must provide specific strategy recommendations in the following areas based on the information given:
– wealth creation strategies to meet retirement needs
– personal investments
– strategies using superannuation
– asset allocation.
Use the information on each of these areas given in the subject notes to provide reasons for each of the strategies recommended.
• Product advice: Specific product recommendations are not required; however, you do need to make and justify any recommendations of the type of product(s) selected for the client’s consideration.
You have been told the clients are happy with their current superannuation funds and do not require any specific advice on their current personal insurance arrangements. However, it is expected that you will provide in the ‘Things to consider section’ of the SOA, appropriate comments about any issues you have identified with these areas and their future estate planning needs.
• Cash flow projections: You must include detailed cash flow tables using Appendices 1 and 2 as a template, showing Sara and Freddie’s situation before and after your recommendations. These should be included as Appendices 1 and 2 to your SOA.
• Recommendations: You should include superannuation projections up to the retirement age of your clients before and after your recommendations as Appendix C to your SOA. In addition, please show that your strategy will enable your clients to meet their retirement income goal for 21 years (based on Freddie living to age 86 and Sara to age 84).
The SOA template
An SOA has been commenced for Freddie and Sara Rosenberg, using the data collected in the interviews, their fact finder and their risk profile. You must complete the remaining sections in the SOA as directed. The SOA starts on the following page. Please review the sample case study and the text as a guide to completing your SOA.
Statement of advice
Prepared for
Freddie and Sara Rosenberg
Prepared by
Your name
Authorised Representative Number: 66666
AR address
AR contact details
Authorised Representative of
EANWB Financial Planning
ABN: 1010101010
Australian Financial Services Licensee
Licence No. 101010
Head office: 88 Money Lane, Accumulation.
You are entitled to receive a statement of advice (SOA) whenever we provide you with any personal financial advice. Personal financial advice is advice that takes into account any one or more of your objectives, financial situation and needs.
This SOA is a record of the personal financial advice provided to you and includes information on the basis on which this advice is given, information about fees and commissions and any interests or associations which might influence the advice.
If this advice includes a recommendation to you to acquire a particular financial product, other than securities, or an offer to issue or arrange the issue of a financial product to you, we will also provide you with a product disclosure statement containing information about the particular product to help you make an informed decision about that product.
Be aware that the advice contained in the following SOA is valid for a period of 30 days only. If the plan is not implemented within this time, it will need to be reviewed for accuracy.
Executive summary
In this section, you need to provide your client with a concise summary of:
• their situation
• their objectives
• your recommended strategy to achieve the objectives
• the outcomes your client can expect from adopting the strategy.
The client should be able to read this executive summary and understand the advice you are giving and the reason/s underpinning the advice, and be able to determine whether or not their goals have been achieved. There should be sufficient detail to allow the client to make a decision, taking into account any risk/s involved and your fees. It should be written without using jargon and in clear, unambiguous language, and be appropriate to their level of financial understanding.
Your situation
Summarise your clients’ current situation. Provide a brief statement about their family, employment, health, asset and debt position. (150 words)
Answer here
Assessor feedback: Resubmission required?
No
Your objectives
List your clients’ objectives (i.e. their financial and non-financial goals, objectives and needs). Freddie and Sara expressed a desire to address their immediate needs and medium and long-term objectives. Summarise these in point form for Freddie and Sara to confirm. (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Summary of our strategy and recommendations
For the short term — up to one year
Summarise your recommendations for your clients’ short-term goals. Present the strategies in point form to provide a quick picture of your intentions.
Answer here
Assessor feedback: Resubmission required?
No
For the medium term — two to five years
Summarise your recommendations for your clients’ medium-term goals. Include strategies that cannot be considered immediately or require monitoring.
Answer here
Assessor feedback: Resubmission required?
No
For the long term — more than five years
This is where you need to summarise your recommendations for your clients’ long-term goals.
Answer here
Assessor feedback: Resubmission required?
No
Summary of expected outcomes if you implement our advice
For example:
Should you proceed with the recommendations contained within this report, we estimate that:
• You will reduce your debt by $XYZ and/or save $ABC.
• You will build wealth in non-superannuation assets to $Y through regular contribution of $X.
• Your objective of yyy will be achieved by…
• Align the outcomes with the objectives.
Answer here
Assessor feedback: Resubmission required?
No
Risks in our advice
Identify both financial and non-financial risks that can impact the desired outcome.
Refer to the sample SOA for examples of relevant descriptions that should be included here and under each subheading below. Include risks that are specific to your strategies.
Answer here
Assessor feedback: Resubmission required?
No
Summary of our fees and commissions
Answer here
Assessor feedback: Resubmission required?
No
Your next steps
Refer to the sample SOA for examples of relevant descriptions that should be included here.
Answer here
Assessor feedback: Resubmission required?
No
Body
While this section contains similar headings as the executive summary, the information provided is more detailed and supports the recommendations made. As with the executive summary, it should be written without using jargon and in clear, unambiguous language, and be appropriate to your client’s level of financial understanding.
Important information about you
This section contains information about you that we used in preparing our advice, such as:
• your reasons for seeking advice
• what you would like to achieve
• your personal and financial information.
Present position
Your reasons for seeking advice
Outline why the clients sought advice.
Answer here
Assessor feedback: Resubmission required?
No
What you would like to achieve
Summarise here what you understand to be your clients’ main objectives.
Following our discussions, here is what I understand to be your main objectives and needs:
Answer here
Assessor feedback: Resubmission required?
No
Your personal and financial information
Listed below is a summary of your relevant personal and financial details that you have provided.
Personal information
Personal details
Fill the gaps
Client 1 Client 2
First name(s) Freddie Sara
Surname Rosenberg Rosenberg
Age
Marital status Married Married
Health status
Smoker status Non-smoker Non-smoker
Employment status Permanent Part-time
Employer name
Occupation Sales representative Marketing consultant
Annual salary $120,000 $90,000
Summarise the discussion points that could/need to be raised here.
Answer here
Assessor feedback: Resubmission required?
No
Children and dependant details
Answer here
Your existing insurance
Fill any gaps.
Personal insurance Answer here
Car insurance Answer here
Home contents Insurance Answer here
Health insurance Answer here
Your existing estate planning
Summarise the clients’ existing estate planning provisions here.
Answer here
Assessor feedback: Resubmission required?
No
Financial information
Current income and expenses details
Income and expenses
Complete the table:
Freddie Sara Total
Assessable income Answer here Answer here Answer here
Net tax payable Answer here Answer here Answer here
Yearly expenses Answer here Answer here Answer here
Estimated surplus Answer here Answer here Answer here
Discussion points:
From the table you have prepared and your cash flow analysis, identify questions you will need to ask about their income, lifestyle, expenses and intentions, before you start preparing your strategies. What are the gaps? (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Assets and liabilities
Complete the table:
Value Liability Net value
Home Answer here Answer here Answer here
Home contents Answer here Answer here Answer here
Motor vehicles Answer here Answer here Answer here
Personal assets
Employer superannuation — Freddie Answer here Answer here Answer here
Employer superannuation — Sara Answer here Answer here Answer here
Savings account Answer here Answer here Answer here
Investment assets Answer here Answer here Answer here
Net worth Answer here Answer here Answer here
Discussion points:
Prepare discussion points you will use to obtain a better understanding about how your clients see their situation and future. What are their attitudes to debt, personal assets, investments and superannuation assets that can assist you with your advice? What are the gaps? (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Incomplete and/or inaccurate information warning
Note that if, for any reason, the information on which our advice is based is incomplete or inaccurate, then it may not be appropriate. Before acting on the advice, you should consider its appropriateness in light of your particular circumstances, needs and objectives.
Your risk profile
In this section, you need to provide:
• an overview of the different risk profiles
• the risk/return characteristics of various asset classes
• the client’s risk profile including the appropriate mix of assets (the asset allocation) for the client’s risk profile, the appropriate investment return time horizon for that profile and any specific concerns. Discuss their attitudes to investing and any other experience or interests that can support your assessment.
Answer here
Assessor feedback: Resubmission required?
No
Strategy recommendations
This section tells you:
• what our advice is and why it is appropriate for you
• reasons for our recommendations
• what you need to consider and any risks associated with our advice.
Read this section carefully and ask me if you have any questions.
Recommended action — first year
You will use your findings from the analysis you did in the assignment above as the basis for the information you will need to provide in this section.
For each recommendation below discuss the reasons, risks, advantages and disadvantages.
All recommendations should be listed here. They are to include investment and debt management recommendations. You are not required to provide specific advice to your client about their estate planning needs. However, if after analysis of their situation you believe that advice is required, you need to explain what advice they should seek and why.
Concept. If you use technical terms or concepts in your discussion explain what the terms mean. For example, do not assume they know what ‘gearing’ or ‘franking’ means
Note: You do not have to complete all of the recommendation boxes below. You can add more boxes if required.
Recommendation 1
Answer here
Assessor feedback: Resubmission required?
No
Recommendation 2
Answer here
Assessor feedback: Resubmission required?
No
Recommendation 3
Answer here
Assessor feedback: Resubmission required?
No
Recommendation 4
Answer here
Assessor feedback: Resubmission required?
No
Things you should consider
In this section briefly discuss strategies that you did not recommend that could be considered at another time and how they could benefit the clients.
Refer to the sample SOA for examples of relevant descriptions that should be included here and under each subheading below.
Answer here
Assessor feedback: Resubmission required?
No
Retirement planning
Briefly state what has been achieved with your strategies and highlight what still needs to be addressed or reviewed.
Answer here
Assessor feedback: Resubmission required?
No
Estate planning
You have recorded the clients’ estate planning details for completeness of information gathered in the fact finder. You have explained that you cannot provide legal advice. However, if you see deficiencies in their current structure, discuss them briefly and suggest a course of action. (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Taxation issues
My strategies and recommendations have had the following impact on your tax position:
Answer here
Assessor feedback: Resubmission required?
No
Recommended asset allocation
Proposed asset allocation
Your investment assets are invested across various asset classes. The table below summarises:
• weight: the proposed asset allocation resulting from our recommendations
• risk profile weight: the recommended asset allocation for your investment risk profile
• variance (weight): the variance between the recommended and proposed asset allocation.
Asset allocation after implementation of recommendations
Asset allocation Weight Risk profile weight Variance (weight)
Defensive assets
Australian cash Answer here Answer here Answer here
Australian fixed interest Answer here Answer here Answer here
International fixed interest Answer here Answer here Answer here
Total for defensive assets Answer here Answer here Answer here
Growth assets
Australian equities Answer here Answer here Answer here
Australian property Answer here Answer here Answer here
International equities Answer here Answer here Answer here
International property Answer here Answer here Answer here
Total for growth assets Answer here Answer here Answer here
Grand total Answer here Answer here Answer here
Comments on proposed asset allocation versus your risk profile
You need to explain the reason for any large (greater than 10%) variances here. Refer to the sample SOA for a discussion on variances. Discuss how the situation will change over time.
Answer here
Assessor feedback: Resubmission required?
No
Investment product recommendations
Product recommendations
Note that I can only recommend products on our recommended list, which has been approved by
EANWB Financial Planning.
Use the space below to list the products that you are recommending Freddie and Sara invest in and those that they already have that you recommend they keep.
Freddie and Sara Rosenberg, following our investment strategy, we recommend that you invest in the following products:
Answer here
Assessor feedback: Resubmission required?
No
Relevant research material and product disclosure statements (PDSs) are attached for your attention. It is important that you read these documents carefully and contact us if you have any questions or if there are areas of the document that you do not fully understand. All of these products are on our approved recommended list.
Note: You do not need to include these PDSs as part of your assignment. The above statement is a standard inclusion in an SOA.
Cooling-off period
Details on the cooling-off period for each product are provided in the PDS.
Disclosure of remuneration, commissions and other benefits
How are we paid?
Commissions and fees — upfront, ongoing and financial planning advice fees
If you are charging SOA preparation fees, implementation fees, ongoing advice fees, or any other non product related fees, you must provide the details here. You may need to source information outside of the subject notes to complete this requirement. However, you can use the examples of how fees are shared between advisers and licensees from the sample SOA if needed.
If you are not charging these fees you may either delete the table below or fill it in with $0 as the fee charged to make it clear.
Fee type Initial fee Initial fee paid to licensee Initial fee paid to adviser
SOA fee Answer here Answer here Answer here
Implementation fee Answer here Answer here Answer here
Ongoing advice fee* Answer here Answer here Answer here
Total Answer here Answer here Answer here
*If the ongoing service fee is charged as a percentage of the product(s), you may use the table below instead. If you are charging a flat fee
or an hourly fee you should use this table.
Investment recommendations
Summarise all of the products that you have recommended to the client here. Refer to the sample SOA for examples of what to include. You will need to source information outside of the subject notes to complete this table, based on the products you have used (or created).
Assessor feedback: Resubmission required?
No
If you wish to implement the products I have recommended, there may be initial and ongoing fees applicable as detailed below.
Product Initial fee Initial fee paid to licensee Initial fee paid to adviser Ongoing fees
paid to licensee Ongoing fees
paid to adviser
Answer here Answer here Answer here Answer here Answer here Answer here
Answer here Answer here Answer here Answer here Answer here Answer here
Total Answer here Answer here Answer here Answer here Answer here
Note: Please see the sample SOA for directions on completing the answers in the paragraphs below.
Product providers will also charge a fee for the management of the funds invested in their products. The annual management fee charged by Answer here is Answer here%. The amount you will be charged will depend on the funds you have invested.
For example, $ Answer here invested with them will incur a $Answer here annual management cost.
Commissions
Our policy on taking commissions from product and service providers is summarised below:
Answer here
Assessor feedback: Resubmission required?
No
Other fees and benefits
EANWB Financial Planning and I may also receive additional benefits. Where the benefits received are greater than $300 in value, they will be recorded in a register that meets the requirements of the Financial Planning Association (FPA) Code of Professional Practice on alternative forms of remuneration. A copy of the register for EANWB Financial Planning is publicly available and can be provided on your request.
Ongoing services
You need to make sure that your client fully understands what you are offering in terms of ongoing service.
Draft an outline of the level of ongoing service you intend to recommend to Freddie and Sara. In your outline, discuss the type of information that you would regularly provide to Freddie and Sara in relation to their financial planning needs. (250 words)
Refer to the sample SOA for the sorts of services you could include here.
Answer here
Assessor feedback: Resubmission required?
No
Ongoing service fee
What would you do to ensure that Freddie and Sara know the specific costs relating to an ongoing service? (100 words)
Answer here
Assessor feedback: Resubmission required?
No
Implementation schedule
In order to ensure that your recommendations will be implemented efficiently, you need to ensure that all tasks that need to be completed by both you and the clients are itemised in the schedule. The schedule should highlight the priority of each task, as well as the order of completion. The time frame should be as specific as possible.
Freddie and Sara Rosenberg, in order to proceed with our recommendations, you will need to complete the steps below:
Action By whom By when
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Answer here Answer here Answer here
Note: The recommendations contained in this SOA are current for 30 days only. Please contact me for further discussion if you are unable to act on our recommendation within this time frame.
Assessor feedback: Resubmission required?
No
Authority to proceed
By signing this authority to proceed, I/we Freddie and Sara Rosenberg acknowledge the following:
• I/We acknowledge that the information I/we provided in the financial needs analysis has been used to arrive at the recommendations contained in this SOA.
• I/We have read, understood and retained a copy of the SOA prepared by Your name dated Date . This document contains information which accurately summarises my/our current situation, investments and financial objectives.
• I/We have been provided with an EANWB Financial Planning FSG.
• I/We have read and understood the PDSs for the recommended products.
• I/We acknowledge that the product(s) listed in the table below are to be implemented in my/our name/s:
Product(s) Amount
Answer here Answer here
Answer here Answer here
Answer here Answer here
• I/We wish to make the following change/s to the recommendations within the SOA:
Product(s) Amount
Answer here Answer here
Answer here Answer here
Answer here Answer here
Signed Date / /
Client Name
Signed Date / /
Client Name
Signed Date / /
Financial Adviser
Please note that a cooling-off period may apply to your initial investment or insurance policy.
Refer to the PDS.
Consent to ongoing contact
I/We consent to being contacted by our adviser on an ongoing basis, in line with the agreed ongoing service review structure detailed within this recommendation. My/our preferred hours of contact are between __ an

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