Category: Forensic science

  • “Unlawful Search and Seizure: The Case of Bennett Dean”

    Bennett Dean was driving his vehicle at 3 pm on June 12, 2024.  He was driving in the City of Carlsbad in a generally southbound direction on Carlsbad Village Drive.  The posted speed limit is 35 and the vehicle was traveling at approximately 31 to 33 mph.  The vehicle had gone through local law enforcement radar settings and had been verified at between 31 and 33 mph considering all margins of error. 
    A motorcycle officer by the name of, Pete Moss, saw the motor vehicle go by and decided that he wanted to stop the vehicle.  He followed the vehicle for one block.  The vehicle speed was constant and there was no apparent attempt to flee.  The vehicle was stopped, and the officer instructed the driver that he was stopping him due to the fact that he perceived that the driver had an obstruction to his vision.  He said, in essence, that the vehicle seemed to have some sort of an object hanging off the front mirror which was on the windshield and that in his opinion it created an obstruction. That item which hanging from the mirror was a vehicle placard for handicapped parking. It was blue in color, and it measured approximately 2 inches by 3 inches and hanging from an elastic strap from the base of the mirror.
    Once the vehicle was stopped, the officer asked the driver if he could search the vehicle.  Bennett replied by asking the question why do you want to search it?
    A second policeman, Officer Lou Tennant, responded that he just searched vehicles as a matter of course.  As a matter of fact, he said that he had a right to search the vehicle due to officer safety.  Bennett said nothing, and the officer began his search. Tennant found a gun under the front seat of the vehicle.  Bennett was then arrested for the possession of a handgun and the handgun was taken by the officers.  Bennett was charged for possession of a handgun and concealing the handgun in a vehicle which violated California law. 
    He was taken to the station.  When he was taken to the station he was booked on possession of a firearm and a background check was done.  The evidence that was produced showed that he had no prior violations of any type whatsoever, not even a traffic citation.  Furthermore, the gun was taken to ballistics. He was released on the same day. He has two charges pending. One for possession of an unlicensed firearm and the second for concealing it in a moving vehicle. He has come to us and asked us to represent him. He wants to know if the police conduct was allowable. What are your thoughts and arguments about the search? The stop, the recovery of the gun? Please fully explain both sides of the issue.

  • Title: The Unreliability of Eyewitness Testimony: Psychological Factors, Observation Skills, and Legal Safeguards

    This is a forensic science research paper researching the reliability of eyewitness testimony. Guiding questions include: What psychological factors influence eyewitness testimony? What makes eyewitness testimony unreliable? What do good observation skills consist of? Have courts taken measures against unreliable eyewitness testimony? 
    Some sources I’ve found: 
    Handberg, R. B. (1995). Expert testimony on eyewitness identification: a new pair of glasses for the jury. American Criminal Law Review, 32(4), 1013-1064. https://link.gale.com/apps/doc/A17912736/GPS?u=mlin_s_northqhs&sid=bookmark-GPS&xid=6999a591 
    Balko, Douglas. “Justice delayed is justice denied: wrongful convictions, eyewitness-expert testimony, and recent developments.” Suffolk University Law Review, vol. 46, no. 4, fall 2013, pp. 1087+. Gale General OneFile, link.gale.com/apps/doc/A362350599/GPS?u=mlin_s_northqhs&sid=bookmark-GPS&xid=e3f50f65. Accessed 6 May 2024
    Miller, E. (2021). A “20/20” Vision: Supreme Court of Missouri Revisits Admissibility of Eyewitness Expert Testimony After More Than 30 Years. Missouri Law Review, 86(3), 977+. https://link.gale.com/apps/doc/A682863055/GPS?u=mlin_s_northqhs&sid=bookmark-GPS&xid=accdbc8e
    Norris, Robert J., et al. “‘Than that one innocent suffer’: evaluating state safeguards against wrongful convictions.” Albany Law Review, vol. 74, no. 3, spring 2011, pp. 1301+. Gale OneFile: Business, link.gale.com/apps/doc/A269432317/GPS?u=mlin_s_northqhs&sid=bookmark-GPS&xid=7d29fcad. Accessed 6 May 2024.
    Sangero, Boaz. “APPLYING THE STAMP SAFETY MODEL TO PREVENT FALSE CONVICTIONS BASED ON EYEWITNESS MISIDENTIFICATIONS.” Albany Law Review, vol. 83, no. 3, spring 2020, pp. 931+. Gale OneFile: Business, link.gale.com/apps/doc/A642807806/GPS?u=mlin_s_northqhs&sid=bookmark-GPS&xid=9896b4de. Accessed 6 May 2024. 

  • Title: The Influence of Environment on Gang Membership Part 1: According to the U.S. Department of Justice, a gang is defined as a group of individuals who engage in criminal activity and have a shared identity, typically involving a name,

    In your own words, answer this unit’s discussion questions in a main post (recommended minimum 300 words), and respond to at least 2 peers’ postings (recommended minimum 75 words).
    After you have reviewed the Assignment Details below, click the Launch Discussion Board link under the Assignments tab for this unit to open the Discussion Board and make your post.
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    Assignment Details
    Part 1: Review the U.S. Department of Justice definition of a gang.
    Part 2: Invent a fictional character and select at least 3 specific elements, known or unknown to them, that might have influenced their decision to join a gang. Consider the following:
    Their parental influences
    Community
    Home environment
    School performance
    Any other element you believe relevant
    Part 3: Using what you’ve learned thus far, address the following:
    Explain how the elements you selected influenced your character’s choice to join a gang.
    Once you have explained the elements you selected, address at least 1 myth related to gang activity.

  • Title: “Creating a Community Gang Initiative: A Collaborative Approach to Addressing Gang Violence”

    You will create this assignment following the Assignment Detail instructions below.
    Review the tutorial How to Submit an Individual Project.
    Assignment Details
    The gangs in your town have become increasingly more violent over time. There have been several serious incidents of violence and drive-by shootings, an increase in drug traffic, and attempts to recruit new gang members in the local middle and high schools. In the past, your local police department chose not to partner with the community and failed to see a lasting reduction in gang activity. You know that they have recently started a new community policing program in an effort to try and address this situation.
    Your supervisor at the juvenile justice non-profit organization where you work has asked you to create a plan for a community gang initiative that works with the police efforts. You recognize that increasing police patrols and gang arrests in the area are only a short-term solution. You want to implement a program that will provide a long-term solution through community and police cooperation.
    Write an action plan of at least 3-5 pages that addresses this problem in the community. Your action plan should include, but is not limited to, the following:
    Several initiatives that will assist in rectifying the problems, including the following:
    Educational initiatives 
    Local initiatives 
    How can the negative effects of violence on children be lessened? 
    Do you believe that there should be a limitation on the violent video games that children are permitted to play? Explain your position. 
    What type of assistance will you ask for from the community as a whole? 
    What role will the police department take? 
    How will you measure the effectiveness of your plan?
    Use this tutorial to help you complete this assignment.