Posted: January 31st, 2023

merican Justice System How does the citizenship status of the criminal in the case impact the ability to adhere

Need help, Can someone review my work and the assignment rubric and also correct on my paper, thank you!!!

Attachment 1

Attachment 2

Attachment 3

ATTACHMENT PREVIEW

Download attachment

Student’s Last Name1
s(Author)
(Instructor)
(Course)
(Date)
American Justice System
How does the citizenship status of the criminal in the case impact the ability to adhere to
procedural process?
From the analysis of the case, three of the four hackers in the international computer
hacking ring were citizens of United States. On the other hand, the fourth hacker, David Pokora,
was the only individuals within the group who was not a US citizen instead he was a Canadian
citizen. Most importantly,
Beckett and Heather, (246)
emphasizes that none of the four hackers
had dual citizenship. Therefore, the prospect that the individual is not a citizen of US does not
affect the ability to adhere to the procedural process. Accordingly, in reference to section one of
the 14
th
amendments, there is the emphasis on ensuring that no individual is deprived of life,
liberty without the due process of the law. Admittedly,
Rule 11 Pleas
emphasizes on the
procedural process of passing judgment on a non-citizen
(Singer and Friedman, 144)
. The law
states that there should be a subjective and procedural process in handling an individual who is
not a citizen of the nation. In the criminal conviction process, Pokora can be convicted and either
deported or jailed in the US as per the constitution
(Singer and Friedman, 144)
.

How does this affect the ability to apprehend and charge the criminal?
In regards to citizenship, it is fundamental to examine the location of the individual
before making an arrest. From the analysis of David Pokora, he was from Mississauga, Ontario
Canada. Admittedly, at the time of his arrest, he was attempting to cross the border. As such, the

View the Answer

Student’s Last Name2
individual was prosecuted in Delaware after good detective work that led to the arrest of the four
hackers. In the period of his arrest, Pokora was attempting to cross into the United States at the
Lewiston-Queenston Bridge in Niagra. During the period of the arrest, the United States had
jurisdiction since an international arrest warrant had been issued for the individual.
Where did the criminal reside at the time that the crime was committed?
In the process of committing the crime, Pokora was living Ontario Canada. As such, he
was a student at the University of Toronto. With extensive knowledge in hacking, the individual
managed to partner with his other perpetrators.
Zedner, (46)
emphasizes that Pokora was seen as
the ringleader in the hacking activity.
Does this information interfere with the investigation and apprehension of the criminal?
Yes
There is the need for the investigation process to prevail through collaboration between
the Canadian and US authorities. The Canadian authorities have the right to carry out all the
necessary investigations, and their jurisdiction supersedes that of the US authority. Hence, only
through collaboration and establishment of a way forward in the investigation process can
successful outcomes prevail (
Beckett and Heather, 246)
.
Which laws were violated domestically and internationally in this case?
Across the US, the constitution plays a fundamental role in determining the legislative
process. Accordingly, the US code 3181 is effective in establishing the legal process in the
instance that a non-citizen commits a crime (
Zedner, 46)
. As such, in the case, there was the
violation of section 16 whereby the Pokora ought to have been handed in by the Canadian
authorities at the border. The US authorities crossed the border to capture the individual. On the

Show entire document

ATTACHMENT PREVIEW

Download attachment

JUS 305 Milestone Two: Draft of Violation Guidelines and Rubric
Milestone Two requires students to write a summary of the crime that was committed in the case they have chosen and to address the following questions in
bullet point format.
1.
How does the citizenship status of the criminal in the case impact the ability to adhere to procedural due process? Be sure to include whether or not the
criminal has dual citizenship. How does this affect your ability to apprehend and charge the criminal?
2.
Where did the criminal reside at the time that the crime was committed? Does this information interfere with the investigation and apprehension of the
criminal? Explain.
3.
Which laws were violated domestically and internationally in the case? What consequences are associated with each crime?
Specifically the following critical elements must be addressed:
For the following, review the elements of the case regarding the violation of the crime.
II.
Violation
A.
Determine the criminal’s
citizenship status
and how this impacted the United States’ ability to adhere to procedural due process.
1.
Was the criminal a U.S. citizen?
2.
Did the criminal have dual citizenship?
B.
How does this information affect the United States’ ability to
apprehend and charge
the criminal?
C.
Determine how the criminal’s
location
impacted the United States’ ability to adhere to procedural due process.
1.
At the time of the crime(s) committed, where did the criminal reside?
2.
How did this interfere with the investigation and apprehension of this criminal?
D.
Explain which
laws
were
violated
domestically and internationally and the
consequences
associated with the violations.
1.
What crimes was the criminal charged with in the United States?
2.
What were the associated consequences in violating these laws?

View the Answer

Rubric
Guidelines for Submission:
Your case analysis should follow these formatting requirements: one-inch margins, 12-point Times New Roman font, and APA-style
citations. Page length requirements: 2–4 pages.
Instructor Feedback:
This activity uses an integrated rubric in Blackboard. Students can view instructor feedback in the Grade Center. For more information,
review
these instructions
.
Critical Elements
Proficient (100%)
Needs Improvement (75%)
Not Evident (0%)
Value
Violation: Citizenship Status
Determines the criminal’s
citizenship status and how it
impacted the United States’
ability to adhere to procedural
due process
Determines the criminal’s
citizenship status but does not
determine how it impacted the
United States’ ability to adhere to
procedural due process
Does not determine the criminal’s
citizenship status
25
Violation: Apprehend and
Charge
Determines how the information
affects the United States’ ability
to apprehend and charge the
criminal
Determines how the information
affects the United States’ ability
to apprehend and charge the
criminal but determination is
cursory or contains inaccuracies
Does not determine how the
information affects the United
States’ ability to apprehend and
charge the criminal
20
Violation: Current Location
Determines how the criminal’s
location impacted the United
States’ ability to adhere to
procedural due process
Determines how the criminal’s
location impacted the United
States’ ability to adhere to
procedural due process but
determination is cursory or
contains inaccuracies
Does not determine how the
criminal’s location impacted the
United States’ ability to adhere to
procedural due process
20
Violation: Laws Violated and
Consequences
Explains which laws were violated
domestically and internationally
and the consequences associated
with the violations
Explains which laws were violated
domestically and internationally
but does not explain the
consequences associated with
the violations or explanation is
cursory or contains inaccuracies
Does not explain which laws were
violated domestically and
internationally
25
Articulation of Response
Submission has no major errors
related to citations, grammar,
spelling, syntax, or organization
Submission has major errors
related to citations, grammar,
spelling, syntax, or organization
that negatively impact readability
and articulation of main ideas
Submission has critical errors
related to citations, grammar,
spelling, syntax, or organization
that prevent understanding of
ideas
10
Earned Total
100%

ATTACHMENT PREVIEW

Download attachment

Carter: Page 1 of 3
Student Name
JUS 305: International Criminal Law
[Date]
JUS 305 Milestone Two: Violation
American Justice System: Case Analysis (Section II) Violation
Critical Element A: Citizenship Status
Critical Element B: Apprehend and Charge

View the Answer

Carter: Page 2 of 3
Critical Element C: Location
Critical Element D: Laws Violated and Consequences

Show entire document

Order | Check Discount