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CASE INFORMATION: Find a court case where the company indicated they were surprised the employee  charged was a fraudster (use the *KU library (Westlaw) to find the court case). ANALYSIS REQUIREMENTS: Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion: What type of fraud schemes took place in this case?  Analyze the internal controls of this company for "red flags". Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future? WRITING REQUIREMENTS: ·         3-5 pages (not including title page, abstract, or reference page) ·         Proper APA format ·         Minimum of 3 scholarly sources (not including your textbook)  GRADING REQUIREMENTS: Click on link to view grading requirements   AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.” In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct. Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.” Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.CASE INFORMATIONFind a court case where the company indicated t.docx

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Between the time that the police make an arrestand a case is eventually resolved at sentencing, traditional prosecutions involve several steps withpsychological implications. One feature of traditionalprosecutions with obvious psychological overtones isa trial. The grand finale in our adversary system ofjustice—the trial—is a public battle waged by twocombatants (prosecution versus defense in a criminaltrial, plaintiff versus defendant in a civil trial), eachfighting for a favorable outcome. Trials can befiercely contested; prosecutors desire convictions,criminal defendants seek their freedom throughacquittals, civil plaintiffs want compensation forwrongs they have suffered, and civil defendants hopeto be absolved of wrongdoing and not required to paydamages. Psychological issues abound.Although the trial may be the most visible anddramatic ritual in our system, many other factors playlarger—often decisive—roles in determining caseoutcomes. For example, in the weeks and months following arrest, many criminal cases are simplydismissed for lack of evidence or other difficulties thatprosecutors perceive in the case. Of some 49,000defendants charged with a felony from 1990 to 2002in the 75 most populous counties in the United States,24% had their cases dismissed prior to trial (Cohen &Reaves, 2006).For the vast majority of people charged withcrimes and not fortunate enough to have the chargesdropped,plea bargains, not trials, resolve their cases.Plea bargaining, described in more detail later in thechapter, is a process in which a defendant agrees toplead guilty in exchange for some concession fromthe prosecutor. Such concessions typically involve areduction in the type of charge, the number ofcharges, or the recommended sentence. By pleadingguilty, defendants give up their right to a trial,allowing attorneys and judges to move on to othercases. The vast majority of civil cases are also resolvedwithout a formal trial in a process termedsettlementnegotiation, described in more detail in this chapter.If most cases are settled without a trial, why is oursociety (including psychologists who work in the legalarena) so fascinated by trials and trial procedures?Without a doubt, there are theatrical aspects to manytrials, especially those featured in news media, films,and novels. Trials grab our attention because theyvividly portray the raw emotions of sad, distraught,and angry people. Interest in trials is also related totheir very public nature; most trials are conducted inopen court for all to see. Some are televised or evenavailable for online viewing.In contrast, negotiations about plea bargains andsettlements are largely hidden from public view.Prosecutors offer concessions to defense attorneysover the phone or in courthouse hallways. Defenseattorneys convey these offers to their clients in officesor jail cells. Settlement negotiations in civil cases arealso conducted in private. In fact, the eventualsettlements in civil ca ...Between the time that the police make an arrestand a case is event.docx

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What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis statement for this ? What is the role of a jury in a criminal case? Is it important or unnecessary ? Can I get a thesis statement for this ? Solution ROLE of JURY Juries are seen as playing an important role in our legal system. Juries have been used as part of our legal system for more than one thousand years but it was not until trial by ordeal was done away with in 1215 that they became an integral part of our criminal justice system. In the same yearMagna Carta also formally acknowledged the principle of an individual’s right to trial by their peers. The jury we are now familiar with and whose role it is to “faithfully try the defendant and give a true verdict according to the evidence” is relatively young. It is only over the last 300 years or so that a jury has become established which is as independent as we now see it and which does not have any influence on law making or any knowledge of the defendant. Set out below is the role of juries in criminal cases. Juries are used in trials in the Crown Court. The jurisdiction of the Crown Court provides for the hearing of more serious offences on indictment. The offenders will have first appeared in the Magistrates’ Court and been committed or indicted to trial at the Crown Court. If there is a not guilty plea there will be a jury trial. If a guilty plea is entered then there will be no need for a trial and the Judge will decide upon the appropriate sentence. The jury is randomly selected from persons entered on the electoral register and they must not be involved in any way with the case. They are required to make an informed decision about whether the accused is guilty or innocent. The jury is told by the trial judge that they must base their decision upon the evidence put before them during the trial and not upon anything else, including things said outside of the court or anything they may have read. The jury must therefore listen to the evidence but their role may also include being made aware of physical exhibits and photographs and in some complex cases may include accompanied visits to crime scenes. Towards the end of the trial, and once all the evidence has been presented by both sides, it is the job of the trial judge to assist the jury in their task by summing up the evidence and directing them as to what the law is. After the summing up, the jury are put in the hands of a jury bailiff who is sworn in and made aware of their duties by the trial judge. The jury leaves the court and must retire to a jury room where they are required to deliberate and come to a decision as to whether the defendant is guilty or not. The jury will deliberate in private. Despite any direction by the trial judge about the law and the facts of the case at the end of the trial, one feature of the jury system is that the jury are free to make up their own minds, free from any outside influence and pressure. Th. What is the role of a jury in a criminal case Is it important or.pdf

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CHAPTER 8: Law and Legal Professionals Lecture Slides prepared by Cheryn Rowell * Administers justiceEnforces rightsIs a tool of behavior changeIs educativeNatural law: Laws inherent in the natural world that can be discovered by reason.Positive law: Laws written and enforced by society. Law * Protection from Harm Social contract theory holds that people sacrifice certain freedoms in exchange for the protection of society. How much freedom should be sacrificed? Only the minimum necessary to protect the liberty of others. * Justifications for LawThe harm principle: to prevent harm to persons other than the actor (assault, robbery, arson) The offense principle: to prevent serious offense to persons other than the actor (public indecency or lewdness)Legal paternalism: to prevent harm to the actor (seat belts) Legal moralism: to prohibit conduct that is inherently immoral (gambling)Benefit to others: to provide some benefit to persons other than the actor (toxic waste dumping) * Protection From Self (Paternalism) Laws that prevent people from harming themselves. Ethics of care: OK—behavior is “good” for the subject even though he or she may not agree. Utilitarianism: OK—such laws reflect a “public good.” Ethical formalism: NOT OK—violates the concept of treating all with regard. * Paternalism with Restrictions?Should be as limited as possible. Should only apply if a person is incapable of making a competent decision. Should seek only to prevent a serious and irreversible error. * Protection of Morals (Moralism)The state often makes laws based on moral standards, even though there is no consensus within society about these moral standards. Some behaviors are defined as “wrong” and are prohibited, although those involved in them are consenting. Legal moralism may change through time. The U.S. Supreme Court upheld Georgia’s right to declare sodomy illegal in 1986. In 2003, the same court declared Texas’s law against same-sex sodomy unconstitutional. * Paradigms of Law Consensus paradigm Society is a community of like-minded individuals who agree on goals important for ultimate survival. Conflict paradigm Society contains competing and conflicting interests. Governance is based on power; if some win, others lose, and those who hold power promote self-interest. Pluralist paradigm Society contains competing interests, but more than two basic interest groups exist; the power balance may shift as part of the dynamics of societal change. * Perceptions of Judicial Processing The Ideal: The American Justice system is fair and unbiased. Two equal advocates, with a neutral judge, arrive at the truth. The Reality: Most defendants are represented by overworked and/or inexperienced advocates. * A “Confidence Game”: Advocacy a pretence Individualized justice a pretence Bureaucratic Justice: Bureaucratic efficiency supplants goal of justice Presumption of guilt (plea bargaini ... CHAPTER 8Law and Legal Professionals Lecture Sli

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7 Victims and the Criminal Justice System: Cooperation and Conflict Part 2: Prosecutors, Defense Attorneys, Judges, Juries, and Corrections Officials CHAPTER OUTLINE Victims and Prosecutors Assisting Victims and Other Witnesses for the State Protecting Victims Who Serve as Witnesses for the Prosecution Dismissing Charges and Rejecting Cases Negotiating Pleas Victims and Defense Attorneys Postponing Hearings Cross-Examining Witnesses during Trials Victims and Judges Granting Bail Sentencing Offenders Appealing to the Supreme Court Victims and Juries Victims and Corrections Officials Keeping Track of Offenders and Receiving Reimbursement from Them Influencing Parole Board Decisions And Justice for All? Recognizing “Second-Class” Treatment Summary Key Terms Defined in the Glossary Questions for Discussion and Debate Critical Thinking Questions Suggested Research Projects LEARNING OBJECTIVES To recognize the various ways that prosecutors can serve victims who are their clients. To realize how conflicts can arise between victims and the lawyers assigned by the government to represent them in court proceedings. To better understand the complexities of the witness intimidation problem. To appreciate how victims and defense attorneys might become embroiled in conflicts. To discover how judges make crucial decisions affect- ing victims. To become familiar with the many Supreme Court decisions that affect how victims are handled during legal proceedings. continued 189 R O D D Y , A N T H O N Y I S A A C 3 7 2 7 B U This chapter examines what might happen in thecases that the police have solved by making an arrest. As the fate of the accused person is deter- mined by the criminal justice system, victims will interact with prosecutors, defense attorneys, judges, juries, and—if the defendant is convicted— corrections officials. Cooperation is the desired outcome, but conflict might erupt over certain divisive issues with these criminal justice profes- sionals and the agencies that employ them. Two overriding objectives of the entire legal process ought to be the restoration of the injured party’s personal dignity, and a symbolic reaffirmation of social solidarity with those innocent persons who were targeted by cold-blooded offenders. One concern that lurks in the background throughout this step-by-step walk through the system is: Are all victims treated the same way, or are some indi- viduals and groups handled with much greater care than others? Note that this chapter does not explore how victims fare within the juvenile justice system. That is a separate system, which dates back to the early 1900s in most states. It resolves cases in which minors are accused of committing crimes of vio- lence against people of all ages, as well as property and drug crimes, plus status offenses (such as truancy and curfew violations). It is supposed to operate according to a different set of principles (emphasiz- ing treatment over p.7Victims and theCriminal Justice SystemCooperation and .docx

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