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Legal Issues in Criminal Justice Administration

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Paper instructions:

Research Paper Guidelines

Your major writing requirement for this course will be due at the end of Module 7. You will be provided with a number of scenarios which give rise to a variety of legal issues. Your assignment is to identify the legal issues in one of the scenarios, research those issues, and make recommendations for addressing those issues. This will really help you learn to write and correctly document a research paper. And, if you feel you already are an accomplished researcher and writer, it will enhance your ability to perform research. 

General Instructions 

1. Technical 
The completed research paper should be typed in MS Word only, Arial or Times New Roman, 12 pt font, double-spaced format with footnotes and bibliographic references, not less than 8 pages nor exceeding 12 pages in length. It will have a minimum word count of 1750 words. This page requirement does not include an abstract or bibliography page. Always check for grammar, spelling, and proper citation before submitting your work. It is expected that the student will devote a great deal of initiative toward producing a quality product worthy of the high academic standards established at Saint Leo University. This research paper is worth 27 points and will represent 27% of the final course grade. 

This is not a personal opinion paper; all of it must be backed up by your research. Your paper should cite those sources you are relying on to formulate the pros and cons as well as your final recommendations. Your paper should include a minimum of five reference sources. These references can be five cases or five journal articles or a combination of cases and articles. 

As discussed in the syllabus, Saint Leo University uses Turnitin to validate the originality of a student’s work. Turnitin is integrated into the Research Paper Dropbox and your paper will be assigned an originally score. Any papers with an originality score of greater than 15% will be subject to an automatic score of 0, as well as potentially subjecting to the student to referral to the Academic Standards Committee for an academic integrity review. 

A tip: Do not wait until the last few days before the paper is due, to submit it to the Dropbox. A paper may be resubmitted to the Dropbox should the originality score be too high, provided it is still before the final due date for the assignment.

Please note that your instructor is available to assist you at any time. All you have to do is ask! 

2. Background 
You are the Special Assistant to the Saint Leo Chief of Police (or, Saint Leo County Sheriff, as you prefer). As such, you are a very trusted and dependable aide. The chief relies on you for your good judgment, experience, and analytical abilities. 

The Chief/Sheriff is fairly new to the Saint Leo Police Department (SLPD/SLCSO). There are many problems in the department, not all of which are the fault of this chief. However, the Chief/Sheriff wants to address some of the more pressing problems and resolve them, without litigation if possible. 

The Department’s General Counsel is involved in ongoing litigation and is not available to provide guidance, and outside counsel is expensive and premature at this point. The Chief/Sheriff knows you are not an attorney, but you do have a Master’s degree in Criminal Justice Administration from Saint Leo University. The Chief/Sheriff knows that this respected institution has educated you well for this task. Therefore, the Chief/Sheriff needs your analysis of the facts and the relevant law on the problems presented. 

The various problems confronting the Chief/Sheriff can be found at the end of this document. Be sure to notify your professor by the conclusion of Module 2 as to the scenario you are selecting.

3. Format 
Your paper is to be structured as follows for each separate fact situation you are researching. In your paper, put each of the sub-headings listed below in bold, so that it is clear to the reader that you are following the mandatory format: 

a.    Summary of Facts – This is a summary of the facts which are relevant to the issue you are researching. You may add some facts but only if they are necessary to your research.

b.    Issues Presented – What legal issues are created by the facts with which you are presented? The Sheriff usually presents more than one.

c.    Arguments Presented by Each Side – How many sides are there? What is the best case for each side?

d.    Applicable Law – This is where you describe the cases, statutes, regulations, and other sources from your research which are relevant to your issues. If some of the cases briefed in the course apply to your issues, you may cite them. However, you must also show that you have conducted independent research and describe different cases which are relevant.

e.    Recommendation – This is where you advise the Sheriff as to what decisions should be made regarding the issues at hand.

f.    Reasons – In this section, tell the Sheriff why you made those recommendations. Remember, the Sheriff wants the legal basis for your recommendations, NOT your personal opinions.

g.    Core Values – In this section, describe the Saint Leo core values which are implicated in the arguments presented by each side and in your recommendations.

h.    Bibliography – This should contain non-legal references only. Legal case citations should be in footnotes in the body of your paper; follow APA guidelines for citations.

Address each fact situation in your selected scenario separately and write your advisory memorandum to the Sheriff, using each of the sub-headings above. Then go on to the next fact situation and repeat the format. The mandatory format is designed to assist you with focusing on all of the issues while addressing them as separate issues. Some may be easier to address than others.

4. Grading Standards 
a.    Identification of Issues and Relevant Facts: ____/5 points 
b.    Organization (follows format): ____/5 points 
c.    Sources and Authorities (case law, statutes, scholarly journal articles): ____/5 points 
d.    Mechanics and Writing Process (spelling, grammar, proper citation, clarity of thought/writing): ____/5 points 
e.    Analysis (depth of analysis of the issues researched): ____/5 points 
f.    Core Value Integration: ____/2 points  


5. Citation Format 
The Sherriff wants to read your legal memo, not a bunch of text citations, so put them in footnotes. APA provides for this. This does not mean you should not have a well-researched memo, with abundant citations; rather, it simply means you should put your citations in footnotes. 

As always, please feel free to contact the instructor at any time if there are issues or questions! 


Research Paper Problem Scenarios

Scenario #1: 

The governor has just signed into law legislation which gives police the authority to stop anyone in a car or on foot and make inquiry if the officer has reasonable suspicion to believe that the individual is an illegal immigrant. As you can imagine, there is a lot of controversy over this new law. There are challenges to similar laws in Arizona and Alabama and perhaps, other states. The Sheriff wants you to do some research. Does she have to enforce the law if it might be found unconstitutional by an appellate court in the state? If she does enforce it, what kind of training does she have to provide to officers when the standard for a stop is so vague? What kinds of stops would be legal or a violation of constitutional rights? What if an officer refuses to enforce the law? What can the Sheriff do? If she took some adverse employment action against the officer because of his refusal to enforce the law, could the Sheriff be vulnerable to a law suit? Finally, the community is up in arms. Some want the law enforced because they believe that illegal immigration has resulted in a loss of jobs. Some think that the law will lead to numerous Fourth Amendment violations and racial profiling. How does the Sheriff deal with all of her obligations as a law enforcement administrator: to the department, to her officers, and to the public in order to maintain the public’s confidence and trust?

1374 Words  4 Pages
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