Part 1: Legal Memorandum

TO:                  Senior Partner, Attorney for Plaintiff

FROM:           

Date:              

RE:                  Likelihood of a Successful Recovery by Hillary

This memorandum discusses the unfortunate event, providing specific facts that support successful recovery for my client Davis Hillary.

Davis Hillary my client was attacked by Bobby Jones who is his classmate in the school bus which is a school property. My client was trying to alight from the bus when he reached his usual stop but Jones prevented him from exiting the bus. My client was held down by Jones who threatened him and violently assaulted him. One witness Melissa illustrated that h observed Jones assaulting my client with a knife.

Hillary, my client suffered bruises and cuts all over his body and he was also hysterical as was illustrated by the bus driver Ron Clemmons, he was bleeding and crying loudly. Hillary’s mother came to the place of the incident after she was informed about the incident by the other students and she took him to see a paediatrician where he got his treatment. The details of the treatment and the bills for which recovery is desired are listed below;

Date of treatment:                 4/4/11                                                   4/4/11

Description:                Exam Established Patient Level II                Sutured 2.5 centimetres scalp wound

Coding:                                      99212                                                                    77777

Cost:                                              $195                                                             $250

Part 2: Steps taken by paralegal to ensure effective case trial

Following the case presented, it is undeniably true that the accused Bobby Jones has a case to answer because he committed an offense. As illustrated to the attorney, ID NO. 124987, the production of the documents for the recovery of the case was submitted before the stated deadline by attorney David Morris which was enough for the case to be pursued. The last week to a case trial is very busy moment for the supervising attorney who is always busy dealing with other issues regarding the case trial and may not have time to deal with other case issues (Bevans, 2017). The attorneys at this time are hence forced to delegate the paralegals and bestow them the responsibilities of case preparations. I have in this case been bestowed with the responsibility of preparing for the Hillary case and this are some of the steps that I will follow to ensure that everything is covered and ready for the case trial.

1. Create a plan

A well implemented plan is very important in ensuring that a trial becomes a success. The plan means understanding the case, the costs of the case and roles to be played to achieve the objectives of the case trial (Dempsy, 2003). I will begin by creating a task list that has a time line with specific deadlines and space for regular updates on the tasks. The task list will include the tasks that will need to be completed, the team members that are doing certain roles and any other information that is essential. In the course of the plan, duties will be delegated to the selected team members that are working on the case. Making sure that everything is clear and that everyone understands their role in the case.

2. Communicating clearly

Communication is very important element in every organization and most especially in team work (Bevans, 2017). I will ensure that I frequently coordinate with the team so that I can get notified on the progress of every task and any problems that is encountered in the course of accomplishing their tasks. Communicating effectively means ensuring that I discuss the plan that I have implemented with the team to ensure that they understand the importance of their contribution to the case. This will also entail updating my supervising attorney Morris and seeking advice in case there are problems encountered with the case.

3. Taking command of the paperwork

Paperwork is an important part of paralegal work and one’s ability to control the flow of that paperwork is important in ensuring success of the case (Dempsy, 2003). In this case, I will ensure that I mark, record and organize all the documents in a logical manner that will make it easier for the attorney and I to easily access them during the trial. This of course will be done one I have discussed with Attorney Morris on the best record method to use for the case to avoid any complications during the trial.

4. Learn about the judge that will take on the case

Judges have their own unique way of operation and it is the work of the paralegal to understand them so that they avoid making mistakes that can be avoided (Bevans, 2017). I will look into the judge that will be trying Hillary’s case so that I can understand her courtroom rules and the things that she likes or dislikes. This will help me make the right decisions in preparation for the case trial and increase our chances of winning the case.

5. Prepare courtroom presentations

The way that matters are presented in the courtroom plays great role in persuading the audience and also winning the case (Dempsy, 2003). I will ensure that all the presentations are concise, logical and have an impact and this will done by ensuring that everything is clearly labelled and compressed into a small package that will inform and touch the jurors. I will also ensure that Attorney Morris does several practices on video why making the presentation so that we can determine any mistakes in pacing, timing, gestures, vocal variety and eye contact and correct them before the real court trial to increase our chances of winning the case.

Part 3: Issues that would lead to the need to reach out to attorney Morris

1. The need to interview the school bus driver Ron Clemmons

I will need attorney Morris approval on the need to get more information in regard to the events that happened the day that Hillary was assaulted on his way from school. I need to understand if the driver had at any time noticed an argument between the plaintiff and the accused before the incident. I would also like to understand if after the incident he noticed any tool that looks like a knife in the bus in order to effectively use the content acquired from the witness Mellissa Jones about the knife she saw the accused holding during the assault.

2. The need to interview other students that were in the bus

I will also need to discuss with Attorney Morris if I could interview other students that were in the bus to see if we can get additional information as well as witnesses in regard to the case.

Part 4: Letter of settlement written by the paralegal to the attorney in charge of the case

Date

Name

Attorney in Charge,

Dear Attorney Morris,

This letter is to bring my suggestions regarding the settlement offer for Davis Hillary, your client. Please ensure that you make time to consult with Hillary and give a careful consideration to the settlement with response in the course of three weeks after you receive this letter.

The facts of the case include: In the month of April, date 3 the year 2011, Jones prevented Hillary your client from existing the school bus once he had reached his usual stop where he threated and injured him. This was observed by a witness Mellissa Jones who reported seeing Bobby Jones with a Knife while he assaulted Hillary. Our client Hillary incurred scalp wounds sutured t 2.5 centimetres and he was diagnosed with Anxiety index of 300.08 that was related to being beaten by his schoolmate. Furthermore, Hillary has also incurred cranial contusion and abrasions.

The medical expenses that have been incurred by the plaintiff have been itemized as exam established patient level II that amounted to one hundred and ninety five dollars ($195) and there was also the suture of the scalp wound that cost two hundred and fifty dollars ($250). The other diagnoses are yet to be accounted as to how much they would cost. Hillary’s injuries require him to take several weeks before he recovers and he will need special medical care for all the emotional distress that he is going through as an impact of the attack.

I hereby then propose for a settlement because it would be best considering that a speedy trial and a just end to the suit is what both parties need given that they are both minors. I believe that dragging this long to the court will take to much time and it would not be beneficial to either of the parties. I propose that whatever the amount the jury will award and settle, the settlement proposition be half of that amount as an immediate cash reward.

Thank you, I hope you consider this proposal.

Yours Faithfully

Paralegal

References

Bevans, N. R. (2017). Civil law and litigation for paralegals.

Dempsy, D. (2003, August). Critical Steps For Trial Preparations. Retrieved from

            http://paralegaltoday.com/issue_archive/features/feature1_ja03.htm

Constitution Law

 A person is considered "under arrest" when the police officer has a reasonable suspicion of a crime and takes the suspect into custody where he awaits prosecution or interrogation.   While in the custody, it is the role of the duty officer to investigate the cause of arrest and conclude whether there is sufficient evidence or not. When the person is ‘under arrest' he or she cannot walk away from the custody. Another important point to understand is that for a police to put someone ‘under arrest' he must have an evidence to show that the suspect has committed a crime.  Before the arrest, the police is supposed to view and understand the incident and the suspect should know the reason as to why he is denied the freedom of movement (Harr, Hess, & Orthmann, 2011). Under arrest also guarantees the suspect fair treatment, access to human rights such as the right to remain silent, right to use an attorney among other Miranda rights. 

 It is important to understand the difference between a stop and an arrest. The above research has shown that an arrest is an act of taking a suspect to custody following a reasonable belief that the suspect was involved in a crime. While in the custody, the suspect does not have the freedom to leave but rather he stays in the custody awaiting for investigations to be done.  While the investigation is going on, the suspect may be released on bail and after the investigation is completed with sufficient evidence, the suspect should appear before the Magistrate (Harr, Hess, & Orthmann, 2011). On the other hand, a police stop is a process where a police officer may witness a person committing a crime and then he may stop the criminal to question him and engage in conversation. The difference between stop and arrest is that when the police stop a suspect, the criminal may refuse to answer the questions, may end the conversation and may also walk away. On the other hand, a person who is under arrest does not have the freedom to leave the custody.

States may authorize probable cause arrest for a certain unwitnessed misdemeanor to examine whether the police officer viewed the facts and circumstances before arresting the suspect. Many states require a probable cause arrest because the law wants the police to examine the objective circumstances and have an adequate reason to put a suspect in the custody (Harr, Hess, & Orthmann, 2011). The probable cause arrest is under the Fourth Amendment and the law play a significant role in protecting the citizen and ensure that there are facts and evidence for a suspect to be put into custody. In most cases, the courts require a probable cause when there is an arrest without a warrant. Note that when an arrest is associated with a warrant, it means that the magistrate already has a sufficient probable cause for the crime. On the other hand, 95% of arrest is made without a warrant and in this case, the police officer should provide a problem cause to support the felony (Harr, Hess, & Orthmann, 2011). In general, for the court to proceed with certain unwitnessed behaviors, the police officers who suspected the criminal and put him into custody should provide a reasonably trustworthy information. The police officers may find evidence by using their five sense, from secondhand information, from informants, and from witnesses.

 Focusing on the power to arrest, it is important to understand that a police officer receives the power or the authority to arrest from the statutes. The latter gives them the power to apply in enforcing laws in their jurisdictions, making an arrest, presenting evidence among other roles (Levinson, 2002).  When executing an arresting, police officers should use a reasonable force and they should desist from using deadly forces.  Even when the suspect is resisting the arrest, the police officer should not use an excessive power to cause death. Police officer thinks that enforcing laws entails using power and strength.  It is important to understand using excessive power and strength is violating the morality of enforcement and violating the laws. Thus, police officers are supposed to promote morality and adhere to the moral principles of law enforcement (Levinson, 2002). However, it is important to understand that there are factors that determine the amount of force that a police officer can use. The first factor is the severity of the crime, the threat posed by a suspect and an attempt by the suspect to flee. In general, the police officer should use a reasonable force on a case-by-case basis.

I can remember a situation where a police officer used an excessive force or in other words unreasonable force. This happened in the U.S when there was a mass shooting of African Americans.  Police officers used deadly force due to institutional racism in police departments.  The African Americans expressed their grievances the movement influence the minority perceptions that there is a huge racial disparity in police forces. Minority demanded proactive policing where police and public needed interaction and work together I to reduce racial disparity.  Minorities believe that police have negative attitudes toward them and they rely on misperceptions and misunderstanding while enforcing the law and executing arrest in minority population.

Reference

Levinson, D. (2002). Encyclopedia of crime and punishment. Thousand Oaks, Calif: Sage Publications.

Harr J. Scott, Hess M. Karen., & Orthmann H.M. Christine. (2011). Constitutional Law and the Criminal

Justice System. Cengage Learning

Ethical Roles of Paralegals

Paralegals

In the practice of law, lawyers always seek the help of paralegals depending on the nature of their cases to help them in the conveyance of their legal services. Paralegals are very important in a legal setting; these are the people who help the lawyers to maintain and organize case files, research legal cases and also prepare contracts and other legal documentation (Johnstone, 2003). A paralegal does not necessarily need to be exceptional knowledgeable like a lawyer, but they require to have some basic law understanding which is important for them to do their work effectively. The common requirements of paralegal associate or bachelor’s degree and a paralegal studies certificate, this requirement is in regard to education though; there are other key traits that an effective paralegal should possess and they include;

Organization and keenness on details

A legal case in a court room is normally laid out in a sequential manner in order for it to tell the story as it happened and effectively pass the message that the lawyer is looking forward to deliver to the court. A paralegal is perceived as the detail specialist in a legal team, he or she is the individual that is expected to do research on the case and provide important information from their research that will help out in the case. The lawyers rely on the paralegals to keep all the case notes, files and any evidence which is should be systematically categorized for easy retrieval and use (Johnstone, 2003).  It is hence very important for a paralegal to be highly organized and efficient when it comes to time keeping.

Flexibility and precision

As legal cases play out, there are changes that come about and more evidence always requires being sort. This burden of finding new resources and information is always placed on the paralegals regardless of whether they have other duties or tasks they are supposed to do, they hence have to always be flexible and ready to adapt to the changing tasks and the needs of the clients in the legal field (Samborn, 1996). The paralegal field is stressful especially since there are a lot of demands from different people and paralegals regardless of this are expected to deliver accurate detailed information at all time. Lawyers are always expected to move quickly depending on the case requirements meaning that they do not have the time to go through all the data that is provided to them and they trust the paralegals to fact check the evidence they provide to them to ensure that all is okay and that there no mistakes that could affect the case (Nollkamper, 2004). If a paralegal does not counter check his or her findings for accuracy, this can be damaging to the lawyer and the case at large. A paralegal should always have the calm attitude so that they are able to meet all the demands and complete their tasks effectively to avoid any legal problems (Nollkamper, 2004).

Independence

Most of the paralegal duties are normally reading through case files and other documents trying to find useful information for the cases that they are involved in. This means that most of their work time is spent autonomously for effective research which requires a paralegal to be independent. Paralegals are always expected to know their way around their respective duties and they have to deliver quality work within a certain time frame depending on the case that they are working on. The lawyers have very little time to offer more than the basic directions; paralegals have to be very sharp to get the little lessons that are offered to them (Samborn, 1996). Lawyers always expect the paralegals to quickly understand the basic directions and produce results; paralegal should always have basic computer skills that will help them conduct their research and communicate effectively with the rest of the team (Hudson Jr., 2018).

Ethical guidelines that should be followed by paralegals

While practising law, paralegals are often faced by the illegal practice of law, this basically happens with new paralegals that are not much conversant with the legal procedures and guidelines of assisting the attorneys. The paralegals often find themselves dealing with the clients on a one on one basis which may prompt them to do things that they are not supposed to do as paralegals and this basically become an illegal activity in the law practice. New paralegals should possess the key foundational knowledge in regard to the legal system and all the legal information sources which would be important in gathering information that is grounded on operative and efficient research strategies (Johnstone, 2003).

A new paralegal can perform client consultations and maintain broad contact with the clients after they have established who they are in the case and their role as paralegals in the case with the clients. As the paralegal researches on the case details, the client contact should always be supervised by the lawyer who will help the paralegal to determine the appropriate referential laws that are best suited for the case that they are working on (Nollkamper, 2004).

A paralegal that is not sure about the case specifics should always locate and arrange for an interview with witness in order to effectively prepare the most suitable case details and reference materials. While doing this, the witness should always be made aware of the functions of the paralegal to ensure that they are ethical in their roles.

 Paralegals should ensure that they critically evaluate every piece of information that they get and apply it meritoriously to resolve any ambiguous issue that comes about with the case. This requires the paralegal to always be able to distinguish between what is ethical and what is not when it comes to usage of information (Samborn, 1996).

Ways to avoid unauthorized practice of law by paralegals

Paralegals can sometimes engage in unauthorised law practices when their lawyers do not effectively supervise their roles in a case. Lawyers in this case always leave the paralegals with duty of offering advice to the clients and making some decisions that are wrong according to the law. This leads both the lawyer and the paralegal to engage in activities that are unethical according to the legal law (Roper, 2007). To avoid this from happening, the paralegals should always acknowledge their roles as paralegals and understand that they do not have the right to do certain things which are the responsibilities of the lawyer such as;

• Initiating a client lawyer relationship
• Providing of legal advice to clients
• Signing any legal papers on behalf of the clients
• Making any charging fees for rendering legal services
• Taking part in the legal proceedings on behalf of the client

Paralegals should always ensure that they identify themselves and their roles as paralegals with any parties that they interact with (Roper, 2007). This will help the parties understand that the paralegals cannot offer any form of legal advice because it would constitute to unauthorized practice of law. In a case where the paralegal offers any advice, he or she should always ensure that they mention their source for instance cite the lawyer as the source of legal advice which helps the clients get the lawyers views on a case (Hudson Jr., 2018).

Main role differences between lawyers and paralegals

Paralegals and attorneys work hand in hand while preparing for case trial, but their roles on the case are very different because of the high legal credentials of the attorney as compared to the paralegal. The first major difference is the fact that a paralegals does not have a law practice license like that of the lawyer hence his or her role is basically providing research and managing case records while the lawyer represents the clients in court. Attorneys have the role of offering direct guidance to the clients and also file extensive variety of papers on behalf of the clients (Hudson Jr., 2018).

During the preparation of the case, the paralegals have the tasks of completing certain roles that are similar to those of the clients but there are resolute restrictions that preclude paralegals from delivering certain services. An attorney for instance establishes the attorney client relationship and the paralegal are further not allowed to offer any legal advice to the client (Roper, 2007).

The attorney is the only one allowed to represent the client even though the paralegal does all the research and often has all the case details. Paralegals do not have the right to defend or take any deposition even signing of any legal document that requires to be filed in court (Roper, 2007).

References

Hudson Jr., D. L. (2018). Supervision is key to effective employment of paralegals. ABA

Journal, 104(1), 19. Retrieved from http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=127119776&site=ehost-live

Johnstone, Q. (2003). Unauthorised Practice of Law and the Power of State Courts: Difficult

 Problems and Their Resolution. Willamette L. Rev., 39, 795.

Nollkamper, P. E. (2004). Fundamentals of law office management: Webtutor on blackboard.

            Place of publication not identified: Delmar.

Roper, B. D. (2007). Practical law office management. Clifton Park, NY: Thomson Delmar

            Learning.

Samborn, H. V. (1996). Conflicts and confidences. ABA Journal, 82(6), 24. Retrieved from

http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=9606205159&site=ehost-live

Law

The Fair Housing Act

 According to the Fair Housing Act, the State or local policies on land should not prevent minorities from dwelling in places they desire. The law also states that there should be no restrictions on property ownership but rather all minorities including Negros from North and South should buy and sells properties the same as whites (Leiter et al.2002).This law was implemented to eliminate the ‘badges of slavery' as well as racially motivated governments.

 This law comes from the federal level and it was passed in 1968.The law is against the discriminatory housing practices against the people of color. According to the federal law, all people in the U.S both white and black have the right to purchase a home without discrimination.  In specific, the law protects people of color, disabled, and families with children less than 18years, legal guardians who live with children who are below 18years and pregnant women.  The law also protects people from different race, sex, and religion. The law supports equality in renting and selling and mortgage lending (Leiter et al.2002).

 As a citizen, I have the right to petition and in this case, I may want to make a complaint on the Fair Housing Act. In other words, I may want to disapprove the actions by collecting signatures and making peace protest to support the need for the amendment. In amending this law, I would follow the following steps. First is to conduct a research and find the level of the government or the governing structures that I will approach. I would communicate with the local government and introduce the issue and the need for the amendment (Leiter et al.2002). After discussing the issue with the stakeholders or rather the local lawmakers, I would file the petition and gather signatures and forward it to the lawmakers and wait for the lawmakers to take action. 

Reference

Leiter, S., Leiter, W. M., & Project Muse. (2002). Affirmative action in antidiscrimination law and policy:

An overview and synthesis. Albany: State University of New York Press

1

The constitution is a symbol of hope and a shield of truth that protects citizens from harm while granting them human rights. However, there is a dark side to the document. The constitution has glaring factual errors covered with scholarly language to appease the public. In fact, since its inception of the document accounts for some of the political ills such as a low voter turnout, unregulated government activities among others. The arguments were convincing enough. For instance, writers of a constitution may have the aim of protecting their wealth and insulating the country from popular authority (Dolbeare &. Manley, 1987).

2

The founding fathers of America created a nation with one symbol and a common legal structure known as United States to lock out British Empire members from political power. Formation of a state gave the establishing fathers the ability to take over resources. Consequently, they gained enough political power and rebelled against British leaders. Hence, the founding fathers succeeded in establishing a strong privileged form of leadership. To emphasize further, the founding fathers started the American Revolution through this activities and revealed to future generations the need for authoritarianism through unity. In the end, the British leadership came to a halt. The knowledge of American history demonstrates the need for unity and patriotism in the today’s American society (Tyranny is Tyranny).

3

 A union has to ensure peace and tolerate the opinion of different people, which in turn leads to control of the divergent groups within the union. People allied to popular administrations are confident and more likely to be effective in controlling unions without going against their own beliefs. The rise of instability and other injustices from public councils may brew a rebellion that knock down popular administrations to the ground. Councils running unions tend to lean on topics that favor the public and if the government does not comply, then it may lead to their demise. It is equally important to note that the constitution tries to upgrade the relationship between factions and administration through valuable laws and other models (James Madison).

Dealing with different factions is possible. There are two ways of handling factions in the society. First, by identifying the reasons behind their anger and passion. Secondly, by removing their cause and absorbing the effects of the actions. Of course destroying a faction’s cause will destroy their liberty and scatter their course (James Madison).

4

The role of a union is to ensure political security and contentment of the public. Without the presence of a union body, exposure to misrepresentation and evil ambition is eminent. Hence, preservation of union is an essential need. The constitution plays a role in the protection of unions. Even though the position of a union is sure and the feelings and insight of its role has enough support, people must remain alert to the fact that the constitution has loopholes that may eradicate unions. To emphasize further, through the imperfections of the constitution, one can harness enough support to overthrow the role of unions in society. In fact, it is common knowledge that governments do not like unions and most of the times they try inhibit their influence on the vital issues. The independence of people in a country should not be subject to be debate anywhere. Citizens have a right to know what happens within the government and how it affects their lives (Alexander Hamilton).

References

Alexander Hamilton. Concerning the defects of the present confederation, in relation to the principle of legislation for the states in their collective capacities

James Madison Federalist No. 10 (1787).PDF

Tyranny is Tyranny. PDF

Dolbeare, K. M., & Medcalf, L. (1987). The dark side of the Constitution, in K. M.Dolbeare and J.F. Manley, eds., The case against the Constitution: From the Anti-federalists to the present. New York: M. E. Sharpe, pp. 120 – 124, 126 133, and 136 – 137.

      AGE DISCRIMINATION LEGAL CASE

1. HR Legal topic, as approved by Dr. Gresch:

Age Discrimination

2. HR functions that are the focus of this case

The work of the Human Resource department is to ensure that the organization is provided with the structure and the ability to help it meets its needs through proper employee management (Lawler, Boudreau & University of Southern California, 2009). This means dealing with fair recruitment, training, discipline and even employment termination. This department should ensure that employees are fairly treated without any form of discrimination.

3. APA style list of all information sources

• Bobby Nickel v. Staples Contract & Commercial, Inc., et al., [2016] B257420 http://verdictsearch.com/verdict/company-discriminated-against-him-based-on-age-plaintiff/
• Law, N., & Law, N. (2016). Nickel v. Staples – $16M Age Discrimination Verdict Upheld by California Court. Retrieved from https://www.orangecountyemploymentlawyersblog.com/nickel-v-staples-16m-age-discrimination-verdict-upheld-california-court/
• Lawler, E. E., Boudreau, J. W., & University of Southern California. (2009). Achieving excellence in human resources management: An assessment of human resource functions. Stanford, Calif: Stanford Business Books.

4. Case information details
5. Case citation (i.e. plaintiff v defendant). Plaintiff must be a current or former employee (or applicant) of the defendant.  Defendant should be the employer.

Bobby Dean Nickel v.  Staples Contract & Commercial, Inc., et al.,

Court of Appeal of the State of California

1. Date of verdict (Must be within the last 5 years):

2016

1. What was/were the name(s) of each of the law(s) upon which the case was based? (No cases from outside the U.S.).

Violation of California Fair Employment and Housing Act (FEHA)

1. Classify each law as either federal, state, local law

State law

1. Allegation;

 (i) What was the claim and argument of the plaintiff (employee/s)?

Bobby Nickel 66, the plaintiff worked as a facility supervisor for Staples Contract & Commercial Inc. where he was unethically dismissed from his work position. Bobby claimed that the company harassed, discriminated against and in the end unfairly terminated his job contract because he an older employee and because he was a highly compensated employee of the company (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,). The plaintiff went ahead to explain that he had worked in the company for nine years during which he had received very positive job reviews. He went ahead to illustrate that he during his working years, he was constantly harassed by the other employees because he was older and they used names such as ‘old goat’ and ‘old coat’ to refer to him which was depressing (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,).

 Bobby illustrated that the company was looking for a way to get rid of old people within the company and constant remarks on the issues were made by Marrero the manager for instance ‘old people are starting to drag and slow down, ‘we need young energetic people’ (Law & Law, 2016). Bobby and the other older people were constantly suspended for minor offenses something that did not apply when it came to the younger generation. Bobby’s job was terminated for allegedly taking a bell pepper from the company cafeteria to which he claims that it was accepted to take food from the cafeteria after hours and then make payments later (Law & Law, 2016).

  (ii) What was the argument of the defendant (employer)?

The defendant Staples through Marrero claimed that termination of Bobby’s contract was not in any way discriminatory. They claim that Bobby had received two warnings for wrongful doings within the company during the year 2009 from the human resource department (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,). Marrero claimed that Bobby had stolen a bell pepper from the cafeteria and the company did not tolerate theft cases hence the termination.

(iii) In your own words, outline the events that occurred in the workplace that led up to the lawsuit. Provide a numbered sequence to help explain a long sequence of events.  Do not simply cut and paste text from legal documents (plagiarism); however you are welcome to rephrase the information using your own words (Minimum ½ page = 10 lines with 1” page margins).

 Bobby Nickel had worked for corporate Express that was later purchased by Staples Inc. for nine years during which he never had any serious disciplinary issues, except for the year 2009 where he received two warning from the human resources for minor issues (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,). Bobby had all through his nine years work history received positive job reviews. After the integration between Corporate Express and Staple Inc., Bobby continued with his work as the facility manager and he began reporting to Lionel Marrero who was his new manager.

 Marrero was interested in cutting costs and he advocated for young energy which would be cheaper since most of the employees would be part time based. Marrero hence started harassing the older employees which included Bobby and over working them to try and force them to retirement. Bobby explains that he was constantly harassed but stood his ground until his termination that was brought about by the theft accusation of a 0.68 U.S dollars bell pepper from the cafeteria which he later paid for.

1. Outcomes

• In which party’s favor did the court rule? Must be a court ruling by judge or jury - no defendant settlements (consent decrees) with EEOC, DOJ or OSHA.

The court jury ruled in favour of the plaintiff.

• What rationale (or reasoning) did the court provide for its decision? (Minimum ¼ page = 5 lines with 1” page margins).

 The court cited (Hartt v. County of Los Angeles (2011) 197 Cal.App.4th 1391, 1401-1402) and (Guz v. Bechtel National, Inc. (2000) 24 Cal.4th 317, 355 (Guz)) to illustrate that age discrimination for employees is prohibited by FEHA. Bobby was a competent employee despite his age and so his termination was discriminatory and wrong (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,). The court used testimonies from the other employees to justify the fact that the defendant indeed had a motive of eliminating he older employees in order to cut costs and the discriminatory statements by Marrero was also used as evidence against the defendants.

   (iii) If the ruling was against the employer, what did the court require the employer to do (what was the penalty)? Include the amount of the monetary awards ($USD).

 The court ruled that the defendant would pay three millions of dollars in compensatory harms and about twenty two millions of dollars in punitive harms.  After the defendants sought for a new trial the punitive damages were later reduced to thirteen millions of dollars (Bobby Nickel v.  Staples Contract & Commercial, Inc., et al.,).

5. Lessons learnt from the case

(a) What were the important factors in determining the outcome of the case?    What are lessons learned for employees at other organizations who may be considering bringing a similar case – what specific actions should an employee take (and avoid) to increase their odds of winning their case? (Minimum ½ page discussion = 10+ lines with 1” page margins).

This case was ruled in favour of the plaintiff because most of the evidence that was presented was all against the defendants. The defendants did not present any strong argument in regard to why they terminated the employee which made it very easy for the judgement against them to be made. Any employee considering making an age discrimination case should ensure that they have strong evidence against their employers and ensure that other employees in that company is willing to testify on their side.

(b) Based on this decision, what specific actions do you recommend other employers take to prevent/avoid similar lawsuits or increase their odds of winning a similar lawsuit? (Minimum ½ page discussion = 10+ lines with 1” page margins)

Employers should ensure that they follow all the laws that have been implemented to ensure that they provide a fair work environment for all their employees. They ensure that no wrongful terminations are made by their managements  and that proper communication ethics are followed in every work setting to avoid any harassment legal cases on them. Every employee has a right to a peaceful work environment, without any retirement or age based pressures being forced on them. The management should act in an ethical manner understanding that they are the role models for the other employees and so their actions have an effect on the whole human resource.

(c) What is your personal reaction to this case?  Do you believe the law and the ruling were both fair- why or why not?  How would you change the law or verdict to be more fair? (Minimum ½ page response = 10+ lines with 1” page margins).

Discrimination is wrong in any basis whether age, colour or gender. The ruling in this case was fair and I would not change any detail about it. The case clearly shows that the plaintiff was a hard working individual who constantly received positive reviews for his good work despite his age. The defendants do not at any point throughout the case provide any complaints about his work or bad conducts except for two scenarios in all the nine years that he worked with them. The actions of the defendants were selfish; the plaintiff’s termination was unfair and unnecessary.

Criminology

Police officers in the United States are entitled to discretion whose authority enhances their ability to exercise bias, violation or even abuse of individual’s right. Under the color of law as indicated by the American legal provision police officers might exercise authority which the indication that their actions are legitimized by their role as part of the government especially when dealing with a legal violation. The authority that comes with the discretion is one that is accounted as responsible for the increasing rate of racial profiling and police brutality in the United States as there lacks accountability to their personal actions (Burke, 2012). For instance in the case of Whren clearly demonstrates that even though there was no probable cause for a traffic stop and search the legal authorities indicated that the action was not in desecration of the Fourth amendment because when driving in such a high crime area the action was warranted.

According to Acker & Brody (2013) with respect to Terry’s doctrine in the case of Terry V. Ohio, 392 U.S. 1 (1968) court asserted that the exclusion by the fourth amendment for any unjustified searches and arrests are not infringed in the case that a police officer stops and frisks an individual with no reasonable cause as long as there is justified suspicion that a crime might be taking place or one is armed. In other words, the search should be grounded in facts that can be proven when the need arises. However, the authority, therefore, increases the probability of infringement by police particularly based on biased views for conducting searches. In that police officers are likely to search black individuals more when compared to whites even though there is no probable cause but on the suspicion that blacks are highly involved in criminalities.

Police officers have the authority of initiating arrest after determining that an individual was conducting or wanted to carry out a crime. However, just arrest should not be discriminated given that reasonable facts for each arrest should be raised. Consequently, the discretionary authority that the officers own tends to disassociate them from acting within the legal provision as most of them are guided by discriminative rational which are in turn categorized as warranted by the law. I do believe that a police officer can utilize their legal crime fighting equipment’s to enforce an arrest on the basis of bias or discrimination. For instance, most of those arrested are individuals of color which means that some of the actions are fueled by discrimination. Some of the encounters are not desirable as people feel that police officers act as a threat to the community rather than offering safety (PBS, 2016). In other words, they normally utilize their authority to create wellness without respecting the rights of individuals particularly the most vulnerable persons living in disadvantaged areas.

In conclusion, it is without a doubt that the main objective of the American law is to ensure that safety is emphasized across the nation without the violation of people’s right. However, policing appears to be infringing this objective because discrimination and unreasonable searches and arrests are the order of the day. As demonstrated by main cases such as that of Whren it is evident that most of the stops and frisks are unwarranted by the authority that is given to the officers leads to a violation. Suspicions are raised when colored persons of those from low socio-economic backgrounds are involved which therefore demonstrate that such actions will continue to support racial profiling and police brutality.

References

Acker, J. R., & Brody, D. C. (2013). Criminal procedure: A contemporary perspective.    Burlington, MA: Jones & Bartlett Learning.

Burke, A. (2012). Policing, Protestors, and Discretion. Fordham Urb. LJ, 40, 999.

PBS. (2016). One Encounter, Two Perspectives Policing the Police. Frontline PBS. Retrieved from: https://www.youtube.com/watch?v=AbghtzOr2vo&feature=youtu.be

South Carolina Judicial Department

 After reviewing the South Carolina and U.S Supreme Court, I have learned that the South Carolina Supreme Court is the highest judicial body. This means that it has the highest appellate authority and the ruling of this judicial body provides clarity to lower courts.  Being the highest judicial body, it has an administrative power over the lower courts and state' attorneys (SC Judicial Department, 2013). The South Carolina Supreme Court is made of the chief justice and 4 members of a judicial panel who are selected by the legislature to play the role of voting on cases, drafting opinions, circuit oversight and more. In addition, the Supreme Court has an appellate jurisdiction on cases such as the death penalty, abortions by minors, state utility rates and more (SC Judicial Department, 2013). The South Carolina Constitution states that the Supreme Court candidates must have constitutional qualifications, professional ability, and physical healthy and judicial temperament. 

 On the other hand, the U.S Supreme Court was established in 1789 and it is the head of the federal court system. Likewise, the U.S Supreme Court has an appellate authority or in other words, it has the power to control the lower courts in making decisions (United States Courts, N.D).  The major differences between the two Supreme Courts are that the U.S Supreme Court has nine associate justices. Another difference that I have come across is that judges in the South Carolina Supreme Court are selected by the legislature whereas, in the U.S, justices are selected by the presence. Another point is that the Congress has the power to organize the Supreme Court and alter the number of justices. The Supreme Court has the power of judicial review, issue legal orders protect civil rights and ensure that the changing views do not affect the fundamental values (United States Courts, N.D).

 Different trial courts in the South Carolina judicial system

 SC Circuit Courts- the Circuit Court covers the general jurisdiction. The courts contain a civil court, a criminal court among other courts. It conducts general trial jurisdiction but its appellate jurisdiction is limited.  In other words, it does not hear appeal cases from the Probate Court, Municipal Court, and Magistrate Court (SC Judicial Department, 2013).  South Carolina has 16 judicial circuits and each circuit is controlled by one circuit judge. There are other forty-six circuit judges who work together with the sixteen circuit judges.

SC Family Courts- the South Carolina Family Courts was established in 1976 for the purpose of solving matters relating to domestic and family relationship. In general, the Family Court address all cases concerning adoption, divorce, marriage, custody, violation of rights and more (SC Judicial Department, 2013). South Carolina State selects two family court judges who serve for six years to solve the family cases assigned by the Chief Justice.

SC Masters-in-Equity- South Carolina has  Master-in-Equity or   21 judges appointed by the governor to hear the cases assigned by the S.C Circuit Court.

SC Magistrate Courts- Magistrate courts in South Carolina play the role of making a legal decision on minor criminal, civil cases, set bail, issue warrants and ensures that there is enough evidence for the trail.

SC Municipal Courts- the Municipal Courts in South Carolina conducts criminal trials but it does not deal with civil disputes.

SC Probate Courts- the Probate Courts in South Carolina address issues concerning wills, marriage licenses, estates, guardianship, ensure that mentally ill people receive the right treatment and ensure equal distribution of the deceased assets (SC Judicial Department, 2013).

 South Carolina Circuit Courts

Beaufort- the Beaufort County Courts address matters concerning offenses and violation of state laws and ensure that all citizens receive an impartial justice.

Bluffton- the town of Bluffton has a Municipal Court Department that creates and maintain a safe and secure environment.  It ensures that judicial services and court sessions are conducted in a safe environment and resolves misdemeanor violations (SC Judicial Department, 2013).

Hilton Head- the judicial circuit in Hilton Head ensures that citizens submit a letter of intent and a notice of appeal form.

Hampton- in Hampton County, the judicial circuit has the clerk of the court that maintains court records on matters concerning common pleas, family court and more.  The clerk of court also provides an administrative support such as child support and researches (SC Judicial Department, 2013).

References

SC Judicial Department. (2013). STATE OF SOUTH CAROLINA JUDICIAL DEPARTMENT. Retrieved from: https://www.scstatehouse.gov/Archives/aar2013/B04.pdf

United States Courts. (N.D). About the Supreme Court.  Retrieved from:  http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

Consumer's Privacy Bill of Rights

Abstract

This research aims at conducting a literature review of the Consumer's Privacy Bill of Rights while comparing and contrasting it with the existing legislation. The literature review involves the analysis of the principles on which the Bill is based and the existing legislation on consumer personal data control and privacy. The lesson highlighted in the findings involves the understanding of the Bill is an important step towards ensuring consumers have control over the collection, accuracy, and use of their personal data. The study recommends that future research should focus on how legal and social consensus on privacy values can ensure that commercial values are not curtailed by legal frameworks.

Introduction

The introduction of the Consumer Privacy Bill of Rights was aimed at providing consumers with more privacy by allowing them to control the kind of personal information that firms collected and share and the data to be used. The Bill was grounded on the existing Fair Information Practice Principles (FIPPs) and sought to safeguard consumer's personal data against risks resulting from pervasive collection and usage. There are some regulating policies that existed at the time including Fair Credit Reporting Act (FCRA and Health Insurance Portability and Accountability Act (HIPAA); but the policies were not sufficient in allowing consumers access to information and correct inaccuracies. The aforesaid principles could only ensure consumers have control over their information after they are enacted into law to compel firms to abide by them.

Literature review

The Obama Administration introduced the Consumer Privacy Bill of Rights blueprint with an aim of providing personal privacy in the age of digital platform. The intention of the plan was to provide consumers with the ability to control the kind of personal details or information firms gathered from them and how the ways in which the data could be used. The plan was based on the existing Fair Information Practice Principles (FIPPs), a framework on which the 1974 Privacy Act was founded.  The Obama administration wanted to advance the FIPPs so that they could be put into law (Dwork et al. n.d).  Big Data Analytics provides important opportunities for scientific research advancement and uses in many other fields especially marketing field.The consumer information collected by companies provide a way of understanding their behavior and tailoring the services and products offered to the needs of the customers in the market (Whitehouse, 2012). However, there are various actual privacy risks that result from the ubiquitous gathering of personal information and the adoption of data analytic methods in business.  Some of the major risks include re-identification attacks, inaccuracy in data usage or modeling, biased application of sensitive inferences, chilling effect on the behavior of individuals, increased government power over the public and breaching of data on a large-scale (Dwork et al. n.d).

The Privacy Bill of Rights plan sought to address these risks with some of the major principles including transparency, access, security, respect for information context and accountability poised to play huge roles in respect to big-data issues (Whitehouse, 2012). The transparency principle is important, and its augmentation has to expand beyond visibility into laws, to make it possible for individuals and regulators to check the actual flow and usage of personal information (Whitehouse, 2012). The respect for context code has to be implemented with a specific focus on developing and putting limits on the usage of this data more so in situations where limits on collection and consent are hard to attain.  For every privacy risk in big data, the applicable principles found in the Bill provide guidance to come up with tangible responses to the risks in a way that offers clarity for persons and flexibility for applying data analytic (Whitehouse, 2012). Since the applications big data evolution has been rapid, the procedural facets of the Consumer Privacy Bill of Rights provide ways of promptly developing privacy approaches that are principle-based (Dwork et al. n.d). These act as codes of conduct that can be enforced, and are then implemented under the statutory authority already in existence.

In the Individual Control principle, the Consumer Privacy Bill of Rights moves the attention away from the normal notice-and-choice idea to a mechanism that is more flexible and vigorous. The plan aims to have contextual mechanisms for exercising choice while data is being collected so that the process honors the right scale, scope and even sensitivity of the information in question (Lane et al. 2014). The plan also aims to offer additional mechanisms for addressing the application of personal data after it has been collected.  The call for individual control considers that the notice-and-choice principle is ineffective in an age where there is increased speed and varied of information collection, and thus, firms ask the consumers for consent frequently using devices that do not provide a suitable platform for deliberation on an informed consent (Lane et al. 2014). In addition, the individual control principle considers that the speed of data entails more sharing of information with third parties that do not have an established direct relationship with the consumer. The Bill seeks to depart from the "one-size-fits-all" notice and where consumers have to either let go of the control for the data or abandon the service (Dwork et al. n.d).  The idea is to ensure that there is a fair value exchange between the businesses and consumers by providing consumers with better choices of the amount of information to share with the businesses in exchange for certain benefits or features.

 The principle of transparency as per the Bill requires firms to inform the consumers the time and reason for collecting personal data so that individuals can protect their personal information from being misused. Since it is based on this principle, the Consumer's Privacy Bill of Rights allows the policy makers, consumer advocates, press, enforcement agencies, and even the public to take part in criticism and dialogue about the evolution of privacy practices of commercial firms (Brookman, 2015). The society can engage in important dialogue regarding the acceptable practices including those that are socially abnormal or illegal only it is aware of the real privacy practices.  The requirement that firms provide details on how they utilize the collected information is weightier in the context of Big Data than the obligation for businesses to just disclose the kind of data they gather. The idea of Respect for Context is developed on the understanding that expecting consumers to read notices before making choices for each collection and usage of personal information is not sustainable. The Bill recognizes that firms may infer consent in some situations and that protection of privacy will depend on making sure that personal information will be used within the context in which it was provided (Nissenbaum, 2014).  The principle of Security considers that using personal information has innate risks and thus, obligates the firms to assess such risks and take reasonable caution since lack of trust can limit economic growth driven by information. The principle of Access and Accuracy holds that firms have to ensure consumers are able to access personal data in a format that they can easily use. The chance to access and make a correction to personal information is necessary where the diverse range of firms utilize personal information in making decisions that have an impact on customers (Brookman, 2015).  The principle of Focused Collection provides the consumers with the right to limit the information collected and retained by firms, and thus, considers that collection of data that has no apparent relation with the major use of a certain application presents unnecessary risks to consumers. The unnecessary information may lead to unwarranted intrusions into sensitive individual's life details. The accountability principle gives the consumer the right to have private information handles by firms with the right measures that ensure are in line with the Consumer Privacy Bill of Rights (Brookman, 2015).

The transparency principle in this Bill aligns with the existing Fair Credit Reporting Act (FCRA) which details how businesses can collect, give out and use consumer credit information. The FRCA allows individuals to have essential transparency rights providing them with knowledge about how their personal information is being used (Lane et al. 2014). It also gives them the right to have access to and correct such data, and thus, guaranteeing its accuracy. This is similar to the intended aim of the Consumer Privacy Bill of Rights of reducing the risk of making a decision about a person based on information that is inaccurate or incorrect. The high level of transparency is important to ensure that the consumers know their information being used is accurate or choose whether to exclude their data from uses they do not agree to.  Another existing law is the Health Insurance Portability and Accountability Act (HIPAA) which also aims at serving the same purpose (Lane et al. 2014). The sectors or industries that are not covered by these laws do not provide consumers the right to have access to and make a correction on their personal data and the federal government hoped that the Consumer's Privacy Bill of Rights would go a long way in filling the gap.

In contrast, the Fair Information Practice Principles have been viewed as having become narrow and legalistic after being translated into law. They present a procedural method of maximizing personal control over information instead of personal and societal welfare and proved to be practically unsuccessful (Obar & Oeldorf-Hirsch, 2018). They have led to meaningless notices and burdened businesses with legal obligations and the attempt to enforce notices that are not read and thus becomes unreliable (Obar & Oeldorf-Hirsch, 2018). Hence, the Consumer Privacy Protection Principles represent efforts aimed at getting back meaningful dialogue regarding privacy regulation while upholding information flow's value in a market that is increasingly globally connected. The Bill would offer protection against categorizing consumers based on their intimate details such as health and family issues and financial hardships which can potentially bring about unfair treatment. Unlike the existing FIPPs, the Bill goes beyond the mere privacy of information. Other policies have been adopted by states attorneys general and Federal Trade Commission on online privacy but such were voluntary, while compliance was optional (King  & Forder, 2016). The Consumers' Privacy Bills of Rights seeks to make the policies compulsory for all the companies using personal information.

Findings

In the research, I have learned that the Consumer Privacy Bill of Rights was proposed by the Obama administration with an aim of regulating the collection, sharing and using consumer information, especially by business organizations. Through the research, I have found out that were already existing policies safeguarding consumer personal information such as the Fair Credit Reporting Act (FCRA) and the Health Insurance Portability and Accountability Act (HIPAA). I understood the plan as having been grounded in the Fair Information Practice Principles (FIPPs) which include transparency, access, security, respect for information context and accountability. I have learned the major aim of the Bill was to have an Act that would ensure the implementation of these principles and make sure their application is compulsory to all the business organizations. I see this as a departure from the past policies especially the FIPPs that largely established standards on the collection, sharing and use of consumer personal data but failed to have tangible results in terms of safeguarding the public interests.  I have found out that the previous policies were inadequate since they did not provide legal guidelines on how firms should collect, share and use consumer personal information and did not allow them to know about the accuracy of such data or make corrections where necessary. I find the Bill to be an important step towards ensuring that the privacy of the members of the society is safeguarded since the sharing of personal information in this digital age comes with safety and privacy risks.

Recommendations

This research basically focused on relevance and implementation of the Consumer's Privacy Bill of Rights in the society while comparing and contrasting it with existing regulations. It is necessary for the market economy to support the sharing of personal information by consumers for transactions to occur smoothly. This involves various privacy challenges. Hence, future research should focus on how legal and social consensus on privacy values can ensure that commercial values are not curtailed by legal frameworks in an age where there is a rapid speed of extensive data analysis.

Conclusions

The Consumer Privacy Bill of Rights was a plan through which the federal government sought to provide consumers with more privacy by allowing them to control the kind of personal information that firms collected and share and the personal data to be used. The Bill was founded on Fair Information Practice Principles (FIPPs) that were just established standards but could not oblige firms to allow consumers control over their personal information. The Bill was an important step towards safeguarding the privacy of society members and it aligns with the intentions of already existing policies and laws.

References

The American Legal Heritage

Differentiating legal precedent and stare decisis has been a daunting task for many. In most cases, people use the two concepts interchangeably. Drawing a line between them is imperative.

Stare decisis refers to a legal doctrine that mandates courts to review and follow historical cases when deciding similar but current or future cases. It requires that cases with same facts be handled in an identical manner unless overruled by a higher court (McCord, McCord & Bailey, 2012). The words stare decisis are from Latin and mean to go by what has already been decided.

Stare decisis is closely linked to legal precedent. Nevertheless, they do not mean the same thing. A precedent is a past judgment on a particular case. As earlier mentioned, stare decisis demands that courts refer to precedent when analyzing a prevailing case with a similar condition (McCord, McCord & Bailey, 2012). It, therefore, goes without saying that it demand courts to follow legal precedents established by past rulings.

As a paralegal, it is vital to be acquainted with the two concepts. An accurate knowledge of these concepts will facilitate conviction in the law. Moreover, predictableness within the judicial system will be possible if a paralegal understands what the concepts mean.

Besides the two concepts are essential in various ways. For instance, they help courts save time in making decisions on cases under consideration. In addition, by offering guidance in relation to how the case needs to be, the concepts help courts not to make mistakes in judgments. They also help in maintaining consistency in cases (McCord, McCord & Bailey, 2012).

An illustration that can help acknowledge how stare decisis and judicial precedent operate is a case of insider trading. It involves taking advantage of material non-public information for financial benefits. In dealing with this issue, the precedent referred to by courts is of Dirks v Sec, a 1983 case. The supreme court of the US established that an individual is guilty if he or she, whether directly or indirectly, benefited trades information to another party that works on it.

In summary of the discussion, judicial precedent and stare decisis are significant concepts in the judicial system. Getting acquainted with them can be beneficial to individuals in various ways.

References

McCord, J. W. H., McCord, S. L., & Bailey, C. S. (2012). Criminal law and procedure for the paralegal:

Systems approach. Clifton Park, NY: Delmar Cengage Learning.

Unauthorized Practice of Law

One of the most critical professions in the world today is law. Providing professional services such as legal assistance by an individual not approved by the state constitutes Unauthorized Practice of Law (UPL). The act is forbidden by the state laws and anyone found guilty is subject to criminal sanctions (Cannon, & Aytch, 2018).

To be legally allowed to practice law, one must meet some academic requirements. For instance, an undergraduate degree and three years at the school of law are prerequisites. In addition, one must also pass a bar examination (Cannon, & Aytch, 2018). If an individual performs the duties of an attorney yet he or she do not meet these condition, then the person is involved in the unauthorized practice of law.  

In law, some activities only lawyers are allowed to perform. For example, only lawyers can represent the plaintiff or defendants in a court of law, providing a particular legal advice to an individual, carrying out negotiations for settlement or designing legal documents (Cannon, & Aytch, 2018). The unlicensed lawyer or a paralegal should not provide any of these services.

A good example of the unauthorized practice of law is agency relationship. A real estate consultant may want to help his or her client by filling in a form agreement for someone who intends to rent a costly luxurious studio flat. Doing this may translate to UPL since the broker is not a lawyer. Even though there are provisions that allow real estate brokers to fill in such forms, a fee should not be charged unless a lawyer is involved.

Paralegals can avoid UPL by abstaining from rendering services that only licensed lawyers are supposed to offer. Additionally, they need to ensure that the individuals who interact with them know they are paralegals and cannot propose legal advice. When offering material information that may be perceived to be a legal advice, it is essential to mention the source. Lastly, by keeping an attorney posted with regard to the work or activities rendered, a paralegal can avoid UPL (Cannon, & Aytch, 2018).

In a nutshell, Unauthorized Practice of Law is a criminal activity. A number of situations can result in this act. It requires discernment for paralegals to avoid it.

References

Cannon, T. A., & Aytch, S. T. (2018). Ethics and professional responsibility for paralegals. New York : Wolters Kluwer

Legal & Regulatory

Assignment 2: Treatment of Juveniles

Juvenile crime is a serious problem for today's world and the federal and state government officials have shared their concern on this issue. Past researches have confirmed that social and community factors influence development of delinquent behavior. To address the problem, various States have implemented punitive measures to stabilize the juvenile crime rates.   In addressing the case of a 12-year-old boy who killed a 17-year-old kid, the   Florida juvenile justice system could address the case in the following ways;

Correctional Officer- a correctional officer is responsible for supervising, maintaining safety and security to the arrested individual awaiting for trial. The job description of the correctional officer includes; maintain security, conduct inmate searches, examines mail and parcels, monitor the eating areas, and supervise inmates, patrol dorm areas and all interior areas among other roles.  For one to become a correctional officer in Florida, he or she must be a U.S citizen,  complete high school diploma, no felony convictions, physically fit, good moral character, have experience in corrections and law enforcement, supervision, security, and counseling (ProbationofficerEDU.org, 2018).  He or she must have done a graduate-level course in social science, law, and criminology. In addressing the juvenile case, the correctional officer would take responsibility for supervising the juvenile.  The correctional officer should supervise the life of the juvenile including his daily activities and escort him to all destinations. Second, the officer should provide the juvenile with counseling and rehabilitation. The officer should provide counseling, education, and treatment (ProbationofficerEDU.org, 2018).  The officer should conduct medical screening and assessment, offer treatment planning, counseling and self-help education.

Probation Officer- A probation officer in Florida monitors youth on probation (juveniles convicted of a lower-level felony and placed in the community) to ensure that the offender changes behavior and become proactive members of the society.  For a person to become a probation officer in Florida, he or she must be a U.S citizen, possess a driver's license, no felony conviction, and have the ability to enforce policies, be at least 19 years old and have a bachelor's degree (ProbationofficerEDU.org, 2018).  In applying for the job, they should attach their employer recommendations, resume and military service history. After employment, the officer is required to attend 16-week course recruit training in interpersonal skills, defensive tactics, first aid and more.  Probation officer job description is; electronic monitoring, provide counseling, analyze issues and implement a practical solution, parole supervision, community control and conditional release. If the juvenile will be sentenced to probation, two roles that the probation officer will play include; conducting offenders needs assessment. It is the role of the probation officer to create community ties so that he may gather information related to the offender's mental health, gang activity and the support needed (ProbationofficerEDU.org, 2018). Second, the probation officer should offer interventions and supervision.  While the juvenile is in the community, the officer should increase the level of supervision through face-to-face meetings with the offender and the family members.  

Prosecutor- a prosecutor is a person who is responsible for trying cases and providing justice to the guilty.  For one to become a prosecutor, he or she must have a thorough understanding of the criminal law, must have a bachelor's degree in criminology and criminal law.  One should also have a Juris Doctor (JD) from the school law in order to be competent in matters relating to Federal Litigation, law and economics, American law, employment law and more (U.S Department of Justice, 2001).  The prosecutor's job description is; preventing criminal activity by raising awareness in the community, encourage the importance of education to improve the problem behavior and develop diversion programs. In addressing cases, the prosecutor reviews the police reports, communicates with the involved parties in the judicial process, and forwards complaints to the trial court or to the grand jury.  In addressing the above case, two roles that the prosecutor will play in the juvenile's life after arrest are; provision of 'direct file' (U.S Department of Justice, 2001). In Florida, the prosecutor will view the police reports and investigate the crime to determine whether the offender is guilty or not.  Second,   the prosecutor will provide a ‘direct file' to determine whether he will be charged in adult or juvenile courts.  Note that Florida does not have common law standards that give guidance on the age of juvenile offenders.  As long as the juvenile has violated the law, he or she should appear in the juvenile court.

               Judge-A judge is a person who makes laws and defines what is legal and just.  Judges play a significant role in interpreting and imposing law, defining the rights and obligations and ensuring that trials meet rules and procedures. For one to become a judge, he or she should have a Bachelor's degree in areas related to Juvenile Justice, criminal law, Law Enforcement theory and related field.  Judges should also attend the school of law to specialize in a particular field such as criminal law (U.S Department of Justice, 2001).  Judges should have an undergraduate degree, State-specific license, lawyer experience and skills such as decision-making and communication skills.  Judges should also take the Bar exam and receive mediating training.  They should also practice law before becoming a judge. The judges' job description includes;   participate in the legal proceedings, maintain order, determine right and wrong evidence,   states the law that should be applied to a particular case, evaluate the facts and decide the case and sentence the criminal (U.S Department of Justice, 2001). Two roles that the judges should play in addressing the above case are; define law- the judges may decide the legal issues, interprets and apply the applicable law. Second, the judges may define the rights of the juvenile including the constitutional rights that should be followed in imposing charges.

 Police Officer- in Florida, police officer play a significant role in maintaining law and order and ensuring that the community is safe and people are abiding by the laws. For one to become a police officer, he or she should have 19 years and above, U.S citizen, complete high school diploma, no conviction, moral character and no dishonorable discharge from the U.S Army (The Florida Bar, 2016).  In addition, a police officer is expected to attend the required training programs including the Basic Abilities Test and the Basic Recruit Program.  After the approval of the above requirements, the candidate should attend a background investigation, polygraph test, and psychological evaluation.  Police officer job description includes; investigating crime, conducting crime scene investigation, arrest the offenders, provide emergency health care to the injured victims, patrol the community and prevent crime in the community through education, training, and awareness.  In addressing the juvenile's case, the police officer would play the following roles; first, he or she will create police-juvenile interactions (The Florida Bar, 2016). This is a significant role that entails the supervision of juvenile and resolving juvenile problems. A police officer would also play the role of providing rules and guidelines which the juvenile should follow as well as guidelines which the law enforcement agency should follow in treating the juvenile.

 In dealing with the prosecution of the juvenile, the correctional officers will encounter some problems and challenges.  In most cases, juveniles are incarcerated in detention centers, adult prisons or group homes. In these institutions, the parents may abandon or abuse them and as a result, the correctional officer will encounter recidivism, health issues and feel the same pain that inmates are experiencing. A correctional officer will also encounter challenges due to situational factor (Ross, 2016). They encounter threats of violence and the community support provided to them is minimal. The probation officer faces similar challenges since they are blamed when the juvenile commits the crime and when the criminals fail to change the behaviors while in the community.  Correctional and probation officers have high caseloads and paperwork demands. To address these issues, the resources such rehabilitative programs should be increased to support the offender with education and substance abuse treatment so that they can reduce re-offending and achieve a successful re-entry (Ross, 2016). Second, the Florida juvenile criminal system should reduce the challenging assignment by providing adequate workforce who will maintain security and enhance the officer's operational functions.

  Prosecutors also face challenges while ruling the criminal justice system. The prosecutor power is overstated since they not only deal with juvenile and adult cases but they also create policies and strategies. Traditionally, prosecutors were entitled to participate in criminal proceedings but due to the proliferation of criminal status, they have expanded their power and this leads to a problem in the discretion (Ross, 2016). The prosecutorial discretion forces them to rely on race, gender, and ethnicity.  The police officer also encounters the problem of discretion.  In other words, they are forced to make an individual judgment in handling the cases. This leads to abuse of formal rule of law as they are unable to exercise the official procedure stated by the juvenile court act (Ross, 2016).  To address the issues of power concentration and discretion, there should be an adaptive management designed to reduce the power of prosecutors and clarify their roles.  In a police officer case, they should attend the juvenile officers training for them to meet the changing demand.

 In dealing with the juvenile case, the judge faces the challenge of court caseload management.  Note that the judge will not only address the juvenile cases but he will also deal with adult cases.  The problem arises when judges make a critical decision on which cases to handle and which should be handled by the administrative agencies (McCord et al, 2001). To address this problem or to balance the judicial power, there should be welfare agencies for the purpose of transferring responsibility and allow the court to deal with a juvenile who violates the state law.

 The order of the above occupational roles in the criminal justice model should be as follows.  The first occupational role that should be ranked at the higher level is the police officer. The latter should be on the frontline to enforce local laws, maintain security, and ensure that the community understands the rules of law and abides by it. Second is the prosecutor.  Since the role of the police officer is to maintain security in the community and report offenses, the prosecutor should review the police reports and meet with victims and use all the gathered information to confirm the evidence and present the case to the jury. The third occupational role is the judge (McCord et al, 2001).  After the prosecutor has reviewed the presented cases, he or she should present the accused defendant to the judge who then will play the role of assessing the cases and evidence, making decisions and administering the law. The fourth occupational role is the occupational officer.  When judges make a decision and convict the offender, the correctional officer should guard and monitor the prisoners, inspect the cells and maintain security. The last occupation role is the probation officer.  When the arrested defendants are released from the prisons and placed in the community, the probation officer should monitor their behaviors and help them adjust to the community life by providing treatment techniques (McCord et al, 2001). The officer should change the life of the parolees and help them become important people in the society.

References       

 ProbationofficerEDU.org. (2018).  Probation and Parole Officer Careers in Florida. Retrieved from: https://www.probationofficeredu.org/florida/

 CorrectionalOfficerEDU.org. (2018).  Florida Corrections Officer Job Description.  Retrieved from: https://www.correctionalofficeredu.org/florida/

 The Florida Bar. (2016). FLORIDA RULES OF JUVENILE PROCEDURE. Retrieved from: http://njdc.info/wp-content/uploads/2016/08/Juvenile.pdf

McCord, J., Widom, C. S., Crowell, N. A., & National Research Council (U.S.). (2001). Juvenile crime, juvenile justice. Washington, DC: National Academy Press.

 U.S Department of Justice.  (2001). Juvenile Transfer to Criminal Court in Florida: The 1994 Reforms.  Retrieved from: https://www.ncjrs.gov/pdffiles1/ojjdp/fs200122.pdf

Ross, J. I. (2016). Key issues in corrections. Bristol: Ill.

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