Labor Relations And Collective Bargaining

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The purpose of this assignment is to explore and analyze collective  bargaining agreements for three professional sport organizations or  leagues.

Conduct an Internet search to find the collective  bargaining agreements for three different professional sport  organizations or leagues.  Collective bargaining agreements are often  available on the union or league website. After reviewing three  agreements, address the following in a 750-1,000 words:

  1. Compare  and contrast the various provisions across leagues, such as those  relating to drug testing, salary arbitration, grievance arbitration,  salary caps, drafts, pensions, and other benefits.
  2. Discover and discuss whether there are provisions that are unique to each league.
  3. Examine the various provisions and assess whether the provisions relate to mandatory or permissive subjects for bargaining.
  4. Finally,  identify and describe what factors make labor relations and collective  bargaining in professional sports unique, as opposed to in other  industries.

The plea-bargaining process.

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The plea-bargaining process.

Plea bargaining is the process by which the prosecution and the defense negotiate charging and sentencing concessions in exchange for the defendant’s guilty plea or nolo contendere (Wan, 2007). The plea-bargaining process entails the State or Federal prosecutor proposing a specific punishment to a certain charge if the accused is willing to plead guilty to that explicit charge and waive several of their constitutional rights. Several types of plea bargains occur during this phase of the process, including charge bargaining and sentence bargaining.

Once the defense and prosecution agree to the specific terms of the guilty plea, the plea is then presented to the courts. The plea-bargaining process must be completed by the attorneys and the accused generally before the pre-trial hearing (Cornell Law School University, n.d.). The process is completed before the pre-trial hearing for several distinct reasons, but primarily to inform the courts of whether or not to prepare for a jury trial. Additionally, judges are not involved in developing the plea bargain because of potential bias that might occur if the accused does decide to plead not guilty and request a jury trial.

Elements required for a valid plea bargain or nolo contendere to occur.

For a plea bargain to be presented in a court of law, several elements must be constitutionally valid. The required elements include that individuals must submit the guilty plea voluntarily and intelligently from the accused and that the charges must have a factual basis. Additionally, the accused must have effective assistance of counsel when negotiating and deciding on the outcomes of accepting the guilty plea (Wan, 2007). The elements of the plea are critical when accepting the plea because the repercussions of consenting to a guilty verdict will impose the removal of constitutional rights and the right to a trial by jury.

Define the role of a judge in the plea-bargaining process.

Once the plea bargain has been submitted to the judge presiding over the case, the judge must fulfill specific responsibilities to the state or federal judiciary system.  The judge also has duties that he must satisfy for the individual assuming his guilt or nolo contendere.  First, the judge must decide whether to accept the agreement, reject the deal, or defer a decision until the court has reviewed the presentence investigation report (Cornell University Law School, n.d.).  The presentence investigation report provides the judge presiding over the case with a criminal history background of the accused, which will aid the judge in deciding whether or not to accept or reject the plea bargain.  If the judge does not accept the plea, he will then inform the accused that it was rejected and that the court is not required to take the plea bargain.

The judge will then ask the accused to withdraw the plea, and the judge could site to the accused that the plea could be more severe than pursuing a trial by jury (Cornell University Law School, n.d.). However, if the judge accepts the plea, he must inform the accused of its acceptance. The judge is then required to specify that the state or federal prosecutor will not bring or move to dismiss any other charges.  Additionally, the judge is then required to state whether or not the agreed-upon sentence or sentencing range is the appropriate disposition for the case based on the Sentencing Guidelines (Cornell University Law School, n.d.).  While overseeing the disposition of a plea bargain, the judge’s role is limited on his contributions since the court is directed by law not to assist or interfere with the development of the plea bargain that was presented.

I am in NOT in favor of continuing the plea-bargaining process as it exists today. My argument will be to maintain the current system that is in place.

As it stands today, the plea-bargaining process allows for the criminal justice system to work efficiently with the exorbitant amount of criminal cases brought to court annually (DueProcessTV, 2012).  Plea bargaining allows for an individual that knows they are clearly guilty of criminal offenses to forgo the variable of allowing a jury to decide whether they are guilty of the crimes or not.  Thus, if the jury finds the accused guilty, they will then face the punishment regulated by the Sentencing Guideline, which is generally harsher than the sentence proposed in the plea bargain.

The added benefit of plea bargaining is that the state or federal judiciary system will allow the accused to receive up to two or three times a lesser charge for pleading guilty, thus drastically reducing the punishment to be levied.  If I were to be charged with a criminal offense, I genuinely believed, and my attorney advised, would be hard to beat in a jury trial; depending on the severity of the punishment to be levied due to the plea bargain, I would accept.  However, if I knew that I did not commit the crime and criminal charges filed against me were bogus, I would request to take it to trial by jury.

interest in purchasing the motel

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Grano owns a forty-room motel on Highway 100. Tanner is interested in purchasing the motel. During the course of negotiations, Grano tells Tanner that the motel netted $30,000 during the previous year and that it will net at least $45,000 the next year. The motel books, which Grano turns over to Tanner before the purchase, clearly show that Grano’s motel netted only $15,000 the previous year. Also, Grano fails to tell Tanner that a bypass to Highway 100 is being planned that will redirect most traffic away from the front of the motel. Tanner purchases the motel. During the first year under Tanner’s operation, the motel nets only $18,000. At this time, Tanner learns of the motel’s previous low profits and the planned bypass. Tanner wants Grano to return the purchase price. Discuss fully Tanner’s probable success in getting his funds back.

300 words and citations

The plea bargain process

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The plea bargain process is a feature of the federal criminal justice system. That is essential to making the criminal justice system work efficiently. The defendant is almost always faced with the maximum charges that will be imposed should the case go to trial. Because of this prosecution will offer up the opportunity to plead guilty to lesser charges. Or reduce the maximum sentence on the original charge. Because of plea bargains it is estimated that only about 1 to 2 percent of cases go to trial.

The two traditional types of plea bargains are charge bargaining and sentencing bargaining. Charge bargaining deals with dismissing. Or reducing the severity of charges in exchange for the defendant pleading guilty to lesser charges. Sentencing bargaining deals strictly with reducing the amount of time being served based on the defendant’s guilty plea.

The elements that are required for a plea bargain to occur are:

Individuals must submit a guilty plea voluntarily

Charges must have factual basis

Defendants must have the assistance of legal counsel while negotiations occur

Characteristics that play a role in what the plea bargain will be in terms of seriousness include seriousness of the crime, prior criminal record, strength of evidence, and the use of a public or private defender.

The judge’s role in the plea bargain process is generally limited if anything at all. The primary responsibility of the judge is to accept or reject a plea agreement based on the appropriateness of the punishment in relation to the crime.

Based on what I’ve read and learned from the video it would seem that plea bargains are indeed a necessary evil so to speak. Without them the criminal justice system would grind to a halt and with them defendants have a chance to serve reduced sentences. What I do like is that you have the option to go to trial and fight if you choose to do so.

Purpose Of Corrections: Punishment, Or Rehabilitation?

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To successfully complete this assignment, you will need to:

Refer to:
The video, Psychology, Criminality, and Incarceration in America (30:19).
The textbook readings for the first three weeks of the course.
An Overview of the First Step Act.
This resource provides a thumbnail description of 2018’s First Step Act. This Act’s purpose is to: improve criminal justice outcomes, reduce the size of the

Federal prison population, and to create mechanisms to maintain public safety.
The First Step Act of 2018: An Overview [PDF].
This resource provides a more detailed overview of the First Step Act’s effect on inmates and their families.
Use the Strayer University Library to conduct research on the four functions of corrections.
The Bachelor of Science in Criminal Justice library guide is a good place to start your research.
According to your textbook, the United States has experienced a corrections explosion over the past 40 years, despite a decrease in serious crime during this same period. Consider statistics such as these. Since 1980, the:

Purpose Of Corrections: Punishment, Or Rehabilitation?

Number of people on probation has increased by nearly 300%.
Prison population has increased by more than 400%.
Federal imprisonment rate has increased 500% (Schmalleger, 2021).
Even though we are in the midst of a period of mass incarceration in the United States, we know that incarceration doesn’t work. Consider this quote from the video, Psychology, Criminality, and Incarceration in America: “Prisons don’t work. People do not get corrected in today’s prisons. Convicts come out worse than when they went in and are even a greater threat to society than before” (Lary, 2010). The Bureau of Justice Statistics has evidence supporting this sentiment. The 2018 Update on Prisoner Recidivism states an estimated:

68% of released prisoners were arrested within 3 years.
79% within 6 years.
83% within 9 years (Bureau of Justice Statistics, 2018).
This assignment will give you the opportunity to:

Explore the U.S. correctional system’s role. Is it to punish those involved? Or is it to rehabilitate them?
Consider the correctional system’s current state in terms of punishment or rehabilitation.
Analyze specific improvements that appear promising.
Instructions
After reviewing the resources provided in the overview, you are to write a 2–3 page paper in which you:

rehabilitation

Distinguish among the four functions of corrections: retribution, deterrence, incapacitation, and rehabilitation.
Be sure to illustrate the distinctions with current and/or historical examples.
Summarize the arguments for and criticisms of each of the four corrections functions.
Explain the current state of each of the four corrections functions in the United States.
Select a minimum of three corrections improvements included in the Psychology, Criminality, and Incarceration in America video that appear promising and explain why you think so.

Use three sources to support your writing.
Choose sources that are credible, relevant, and appropriate.
Cite each source listed on your source page at least one time within your assignment.
Access the Strayer University Library or review library guides for help with research, writing, and citation.
Formatting
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions. Note the following:

The preferred method is for your paper to be typed, double-spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
Include a cover page containing the assignment title, your name, your professor’s name, the course title, and the date. The cover page is not included in the required page length.
Include a source list page. Citations and source list entries must follow SWS format. The source list page is not included in the required page length.

scientific techniques used in processing evidence in the Wayne Williams/Atlanta Child Murder case.

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The sources you identified through the Annotated Bibliography in Week Two will be used to build the literature review this week and to further support the Final Project in Week Six. The sources should support the following: NEED BY MONDAY 07/26/2021 BY 5PM MOUNTAIN

  • Provide a concise description of how each source contributes to the Wayne Williams/Atlanta Child Murders and current evidentiary issues.
  • Evaluate the scientific techniques used in processing evidence in the Wayne Williams/Atlanta Child Murder case.
  • Examine the ethical issues and articulates significance on the admissibility of forensic evidence, particularly trace evidence in the Wayne Williams/Atlanta Child Murders case in subsequent legal proceedings.
  • Compare and contrast evidence collection and processing methods at the time of the Wayne Williams/Atlanta Child Murders and current collection and processing methods.

The Literature Review must include the following elements

  • Use the 10 sources identified in your Annotated Bibliography from Week Two, in addition to the course text and other required sources. WILL PROVIDE ATTACHED SOURCES
  • Due to the nature of the assignments, your original search may include reliable sources, including reliable media, to enable you to identify areas for further scholarly research. For example, numerous media publications, including The New York Times and The Christian Science Monitor, reported that Texas mother Andrea Yates was reportedly suffering from postpartum psychosis when she drowned her five children. The scholarly source would then focus on the postpartum psychosis diagnosis.

The Literature Review

  • Must be a minimum of 1500 words not including title and references pages and formatted according to APA style.
  • Must include a separate title page with the following:
  • Title of paper
    • Student’s name
    • Course name and number
    • Instructor’s name
    • Date submitted
  • Must use the 10 sources identified in your Annotated Bibliography in addition to the course text and other required readings
  • Must document all sources in APA style
  • Must have in-text citations.
  • Must have a separate reference page
  • Turn IT In score of less than 8%

Fire Organization

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Instructions
Multi-Agency Procedures

Consider that your fire organization is investigating a recent house fire in your jurisdiction. The fire started in the kitchen when the resident was cooking on the stovetop. And it quickly spread to the dining room. The resident was cooking with a large frying pan on high heat. And was temporarily distracted with reading recipe instructions.

Your fire organization will work closely with the police department and code officials (electrical, gas, and building inspectors) to complete the investigation to determine the causes and liability, and you want to be sure the investigation goes smoothly. To prepare your team, you will draft a set of procedures identifying how you will work with the police department and code officials using the scientific method approach. Your assignment should cover each step and identify who will take on various responsibilities. Your assignment must be a minimum of two pages in length. APA Style and outside research are not required

Constitutional Law vs. Administrative Law

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Week 4 Assignment – Constitutional Law vs. Administrative Law

Constitutional law is something you are likely familiar with to some extent, but the laws around administrative law may be less familiar. While the Constitution outlines many specific laws, it does not necessarily speak to much of what happens in the administration of our government. For this assignment, you are asked to look at where constitutional and administrative law intersect and where they diverge.

Write a 3–4 page paper that includes the following three parts:

An explanation of the areas in which constitutional and administrative law intersect.

An explanation of where constitutional and administrative laws diverge.

An evaluation of the impact of the divergence in these laws. What impact does this have for someone working in the field of public administration?

Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate. Cite each source listed on your sources page at least one time within your assignment. For help with research, writing, and citing sources, access the library or review library guides.

This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.

The specific course learning outcome associated with this assignment is:

Evaluate the concepts of and interactions between constitutional and administrative law in the realm of public administration.

criminal justice legal term of lesser

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Prior to beginning work on this discussion, read Trial Courts May Instruct Juries on Lesser Included Offenses (Links to an external site.), The Concept of Double Jeopardy: Background (Links to an external site.) and Triple Murder Suspect Goes from Guilty to Innocent and Back to Guilty (Links to an external site.). Additionally, watch Case No. 2012-1611: Douglas J. Wine v. State of Ohio (Links to an external site.).

One area of the law essential to understand is the concept of lesser included offenses. Your initial post must be at least 300 words in length. In this discussion, address the following prompts:

  • Define the criminal justice legal term of lesser included offense.
  • Assess how courts determine whether a crime is a lesser included offense.
  • Explain whether someone can be convicted for multiple crimes for one act.
  • Evaluate how lesser included offenses do not violate the double jeopardy clause of the fifth amendment.
  • Examine the material elements of crimes. And how they can vary to allow for multiple prosecutions for the same acts or similar offenses. Provide specific examples to support your answer.

Guided Response

Guided Response: Review several of your classmates’ posts. Support your responses with credible sourcing either from the required readings this week or from independent research that you conduct in the University of Arizona Global Campus Library or online. And properly cite any references. Respond to at least two of your classmates’ posts by Day 7. Your responses must be at least 150 words of content and supported by a minimum of two scholarly and/or credible sources (i.e., classroom materials or reliable, outside sources). Fairness should be considered in any criminal law or procedure issue.

Provide analyses of your classmates’ postings with an emphasis on whether. Or not it seems fair to the defendant to have to defend against crimes presented in multiple forums. Can we assume that it is fair to the state to prosecute in multiple jurisdictions (where the state has large amounts of resources for such actions)? You are encouraged to post your required replies earlier in the week to promote more meaningful and interactive discourse in this discussion forum.

LEGAL HERMENEUTICS

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LEGAL HERMENEUTICS

Instructions: Answer three (3) of the following six (6) questions. You can use primary and secondary sources to develop your answers. Be sure to follow pertinent bibliographical rules and formats. Your answers will be evaluated by their clarity, concision and subject matter coherence. Your answers should not exceed 15 pages, 8 x 11 paper, double space. The answers must be turned no later than on July 29th, 2021

1. What are the similarities and differences between the philosophical hermeneutics of H.G. Gadamer and the legal hermeneutics of E. Betti. Pay particular attention to the importance each gives to the relationship between the phenomenon of understanding and interpretation, and the role played by language.

2. Discuss the diverse interpretative theories for Constitutional adjudication. Pay particular attention to Scalia’s textualism vis-à-vis originalism, and the politico-philosophical underpinnings to this hermeneutical approach. Use District of Columbia v Heller , 554 US ___ (2008) as case example of this interpretative approach.

3. “The limits of my language are the limits of my world”, stated Wittgenstein in his early work Tractatus Logicus-Philosophicus . Discuss the interplay between meaning and intent with regards to hermeneutics. Pay particular attention to the philosophical conception of language and the limits the law tries to impose on it.

4. How are we to understand Derrida’s claim that deconstruction, if there is such a thing, is justice?

5. What are the core arguments in favor of a moral reading of the law according to Dworkin. Pay particular attention to the underling principles of liberalism and to the relationship between law and politics for purposes of interpretation.

6. Make your own question and answer it.