Learning Objectives: 1) Examine judicial opinions and 2) Summarize publication of cases, the elements of a typical court case, and the types of opinions written by judges.
Point Value: 2 points
Posted under Week 4’s Required Resources, you will find the United States Supreme Court (“US Supreme Court”) decision in the landmark case of Gideon v. Wainwright.
After carefully reviewing Gideon, please answer the following questions:
In reviewing the US Supreme Court case of Gideon v. Wainwright, the Court believed that Mr. Gideon was not able to adequately serve as his own attorney. What information outlined in the Gideon case supports this belief? (1/4 point)
Did the Gideon decision rule out the ability for an individual to represent himself or herself in a criminal case? (1/4 point)
In deciding Gideon, the US Supreme Court overruled Betts v. Brady. What motivated the US Supreme Court to overrule Betts? (1/4 point)
Under Gideon, the US Supreme Court ruled that if a criminal defendant is too poor to hire an attorney in a criminal case, a trial court would be required to appoint the defendant an attorney. What was the basis of the US Supreme Court in making this decision in Gideon? (1/4 point)
For best outcomes, please consult the following checklist before, during, and after preparation of your Case Study:
Did you review the “Case Study Grading Rubric” before, during, and after the preparation of your submission?
Did you properly cite your sources from the eText and/or any other relevant source in preparation your work? [Any submission that does not cite sources will receive -0- points].
Did you include the word count of your submission at the end of your work?
Did you prepare your work in your own words? [Copying and pasting from the eText or any other source is not permitted.]
If quoting from the eText or any other sources, did you limit your quoting to only include one (1) direct quotation from that source? [No more than one quote is permitted.
Did you proofread your work before submission? [In addition to substance and critical analysis, your assignment will be graded for writing, grammar, spelling, punctuation, etc.]
Please keep in mind that if the above-referenced items are not strictly followed, points will be deducted from your grade for Case Study.
Kramer vs. Kramer is a 1979 drama about a child custody battle and issues concerning divorce as it relates to children.Millions of children’s lives each year will be impacted by divorce. Many of those children will find themselves at the center of a custody lawsuit being torn between two parents they love and having to face the challenges and insecurities divorce oftentimes creates.
For this assignment, you are to watch the film Kramer vs. Kramer and carefully review the material in chapter 9 of the eText. I have provided a link to the movie in the Course Information module. You are to write a 5 page, double-spaced, 12 font, paper discussing the following legal issues presented in the film:
What are the different types of custody a court can award and explain each?
Years ago the courts presumed that a young child was better off with the mother unless it was proven that the mother was unfit. This doctrine was referred to as the tender years doctrine and was used by the court in deciding the custody dispute between the Kramers.
Do you agree with this doctrine? Why or why not?
What standard does the court use today in determining which biological parent should get custody and what factors are considered?
Why, in Kramer vs. Kramer, did the court not award joint custody? In what types of situations is joint custody most successful?
The judge in the Kramer case makes a ruling without ever having interviewed the child.
Do you think a judge should speak with a child concerning the relationship of the child with his or parents?
Why do you think it would be important to interview the child?
What problems do you foresee in speaking with the child?
Should the age of the child make a difference?
Assume you were an attorney and trying the Kramer case today.
What party, the mother or father, would you prefer to represent?
What arguments would you make on behalf of your client to convince the judge that your client should be awarded custody?
In your opinion, did the trial depicted in Kramer vs. Kramer accurately reflect the way courts today would treat custody cases?
This paper is due by the end of Week 5 (Saturday @ 11:59 pm EST) and must be typed. This paper should be in essay form and not question/answer format. If outside resources are used, including the eText, proper citations and works cited page must be included. Please refer to the APA Guidelines located in Course Information. Please submit this assignment through the Week 5 Assignment module. Late assignments and assignments not submitted through the Week 5 Assignment module will not be accepted.
Below is the grading rubric I will be using to grade the Kramer vs. Kramer assignment. Carefully review it so you are aware of the point distribution when I score your papers.
Kramer v. Kramer Grading Rubric
Rubric
Kramer v. Kramer Grading Rubric
Criteria
Ratings
Pts
Introductory Paragraph (10 points)
10.0 pts Excellent A strong intro that is clear, concise and powerful. Grabs the readers’ attention. 7.0 pts Satisfactory Has an intro but does not draw the reader in and not overly compelling. 4.0 pts Needs Improvement Intro is either vague or lacking. Needs to be more engaging.
10.0 pts
Thesis (10 points)
10.0 pts Excellent Answers the questions presented and makes a strong assertion. Goes beyond the predictable. 7.0 pts Satisfactory Answers most of the questions presented. Demonstrates some insight into the topic but the assertion is weak. 4.0 pts Needs Improvement Answers few questions presented and displays confusion about the topics or simplistic thinking.
10.0 pts
Commentary and Legal Analysis (40 points)
40.0 pts Excellent Original commentary that provokes thought and clearly reflects the author’s voice. Supports position with examples and analysis. Identifies all legal issues presented. 30.0 pts Satisfactory Commentary is vague and/or underdeveloped. Language is adequate but does not reflect author’s voice. Some but not all legal issues are identified. 20.0 pts Needs Improvement Commentary is disconnected or underdeveloped. Analysis is lacking and language is vague. Fails to address many of the legal issues.
40.0 pts
Concluding Paragraph (10 points)
10.0 pts Excellent Has a strong and clearly stated concluding paragraph that connects to the positions taken. 7.0 pts Satisfactory Has a concluding paragraph but shows no connection to the positions taken and not clearly stated. 4.0 pts Needs Improvement Lacks a concluding paragraph or conclusion is unclear and not related to the positions taken. Overly simplistic.
10.0 pts
Writing/Organization (30 points)
30.0 pts Excellent The paper is well organized and the writing is clear and concise. There is no more than 1 spelling or grammatical error. Proofreading is evident. 20.0 pts Satisfactory The paper is generally well organized and easy to follow. Writing is mostly clear but may lack conciseness. There are only a few spelling and/or grammatical errors. 10.0 pts Needs Improvement Paper is poorly organized and difficult to read. Writing lacks clarity and conciseness. There are numerous spelling and/or grammatical errors.
Consider that Data Security and Policy Assurance methods are important to the overall success of IT and Corporate data security.
Determine how defined roles of technology, people, and processes are necessary to ensure resource allocation for business continuity.
Explain how computer security policies and data retention policies help maintain user expectations of levels of business continuity that could be achieved.
Determine how acceptable use policies, remote access policies, and email policies could help minimize any anti-forensics efforts. Give an example with your response.
Suggest at least two models that could be used to ensure business continuity and ensure the integrity of corporate forensic efforts. Describe how these could be implemented.
Explain the essentials of defining a digital forensics process and provide two examples of how a forensic recovery and analysis plan could assist in improving the Recovery Time Objective (RTO) as described in the first article.
Provide a step-by-step process that could be used to develop and sustain an enterprise continuity process.
Describe the role of incident response teams and how these accommodate business continuity.
Determine how having a knowledgeable workforce could provide a greater level of secure behavior. Provide a rationale with your response.
Outline the steps that could be performed to ensure continuous effectiveness.
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. For help with research, writing, and citation, access the library or review library guides.
NOTE: Make sure to upload your answers to the questions on this sheet in Canvas!
Some general rules in doing library research include:
Library content is continually changing, similar to Google. A Google search one day gets a certain number of results and the next day the number changes. Libraries also update and improve access to their content, so what works today may not necessarily work next year. Also, procedures may differ slightly depending on how you access the library’s computer databases (e.g. a connection from home versus a dedicated terminal in the library).
There are often several ways of locating the same information. This assignment directs you to several resources in order to familiarize you with their existence, but it is not the only way! If you find yourself getting stuck when using one resource—and you are able to locate the information a different way—feel free to do so.
This assignment will not cover all of the useful library resources available to you, and the undergraduate psychology librarians will show you an even broader array of options. For now, go to the FIU library website at http://library.fiu.edu/ to get started.
STEP 1: PsycINFO:
PsycINFO is the #1 database in psychology. It is an online source for finding articles in psychology journals. Go to the library website, library.fiu.edu and click Research: Start. You can find PsycInfo several ways including:
Go to library.fiu.edu and click Research: Start. Click Subject Resources, followed by Psychology. Click the Databases tab on the Psychology page.
Click A-Z Databases from the Research: Start page. Find PsycInfo (this is what I usually do!)
There are several options in PsycINFO. You can do a Basic Search, an Advanced Search, or browse on your own. Using Advanced Search will allow you to limit your search to articles that are the most relevant, provided you have a keyword, author name, journal title, or article title already in mind.
There are numerous ways to limit your search results including:
to a specific range of years;
to specific languages, methodologies, age ranges, etc.
to peer reviewed articles (if you want primary sources only which are required for Paper 1)
You can also search PsycINFO for multiple items, which may include a combination of an author’s name, journal title, or a keyword in the title or abstract of a specific article, etc.
For example, to search for articles by a specific author, type in the author’s last name followed by the first name (and middle initial, if you know it) in the first empty search box. In the drop-down box to the right of the search boxes, select AUTHOR(AU). For example, if you type in Loftus Elizabeth and choose author, your search will find at least 422 articles that include her name as an author (Wow, right! What a prolific writer!)
You can follow a similar procedure to locate articles by subject, title, or keyword. For example, try using the word “eyewitness” as a search term in the document title. When I did this a month ago, the results returned at least 1711 publications (which might have gone up since I last looked!). That is WAAAAY too many to look through! Of course, if you do only peer reviewed article, this drops a lot (but still has 1257 articles with eyewitness in the title!).
When you get such a large number of results, you will usually want to narrow down your search. You can do this by entering different search terms, or you can do this by combining results from searches you have already completed. Every time you do a search, the results are saved in your “recent searches.” You can combine articles in the search history to narrow down your list of articles to your specifications.
Let’s say you want a list of all articles authored by Elizabeth Loftus with the word “eyewitness” in the title. You have already run searches on LoftusElizabeth as an author and eyewitness in the title. Click on the Recent Searches link at the top of the page and you will see those previous searches listed. In the Combine Searches box, type “search #1 and search #2” and hit enter. Elizabeth Loftus’s publications regarding eyewitnesses will be shown. When I did this, it came up with only 45 articles including Loftus as an author and eyewitness as a word in the title. If I look at Loftus, Eyewitness, and Peer Reviewed, this search drops to 28. This is MUCH more manageable.
Question One (.5 points): Using PsycINFO, locate an article authored by Danielle Law and her colleagues focusing on the Cyberbullying. Use “Law” as an author term and at least two of the following as document title terms: “cyberbullies”, “reactive”, or “proactive” (You’ll need to “Add a row” to allow for a third term). Select the correct, full APA-style reference* for this article on your assignment sheet. Note that the DOI is needed for APA references, so make sure to include it!
Law, Danielle M., Shapka, Jennifer D., Domene, Jose F., & Gagné, Monique H. (2012). Are cyberbullies really bullies? An investigation of reactive and proactive online aggression. Computers in Human Behavior, 28(2), 664-672. doi:http://dx.doi.org/10.1016/j.chb.2011.11.013
B
Law, D. M., Shapka, J. D., Domene, J. F., & Gagné, M. H. (2012). Are cyberbullies really bullies? An investigation of reactive and proactive online aggression. Computers in Human Behavior, 28(2), 664-672. doi:http://dx.doi.org/10.1016/j.chb.2011.11.013
C
Law, D. M., Shapka, J. D., Domene, J. F., & Gagné, M. H. (2012). Are cyberbullies really bullies? An investigation of reactive and proactive online aggression. Computers in Human Behavior, 28(2), 664-672. doi:http://dx.doi.org/10.1016/j.chb.2011.11.013
D
Law, D. M., Shapka, J. D., Domene, J. F., & Gagné, M. H. (2012). Are Cyberbullies Really Bullies? An Investigation of Reactive and Proactive Online Aggression. Computers in Human Behavior, 28(2), 664-672. doi:http://dx.doi.org/10.1016/j.chb.2011.11.013
STEP 2: Full-Text Databases
Many libraries now have “full text” electronic journals. However, not all journals appear in full-text, including some that you will find in PsycINFO. Though PsycINFO is useful, there are other ways to find full-text online articles. If you search PsycINFO and do not find a link to full-text, click FIND IT @FIU to search across 1200+ databases for the full-text. Also, you can enter the journal name into the Library Catalog, the E-Journals search box or the Search Everywhere box on the library homepage, and you may find links to journals where you can find full-text documents.
Sometimes you’ll need to access library resources from home as well, which might mean logging into the FIU library (and some other services like Open Athens and Alma). Most of these services are accessible through the FIU library login pages.
Also, on the Psychology Resources page (library.fiu.edu/allpsychology), you will find PsycARTICLES. You can search within specific journals by clicking the Browse tab and selecting the journal title to search within the specific journal. If you know more specifically what you are looking for, you can use the search boxes to search for keywords or the author’s name.
For Questions Two, Three, and Four below, I want YOU to find a few different full-text articles using PsycInfo.
Question Two (.5 points). Recall the Law et al. (2012) article from Question One above (“Are cyberbullies really bullies? An investigation of reactive and proactive online aggression”). In the literature review on page 664 of that paper (in Section 1.1. What is online aggression?), the authors define cyberbullying by quoting a definition from “Belsey (2005, p. 8).” Which of the following is that definition?
A proactive behavior designed to accomplish a single purpose that is presumably a one-time event
The use of Information and Communication Technologies (ICTs) to denounce deliberate, repeated, and hostile behaviour by an individual or group, that is intended to hurt others
The use of Information and Communication Technologies (ICTs) to support deliberate, repeated, and hostile behaviour by an individual or group, that is intended to harm others
A reactive behavior that is the response to provocation (such as interpreting someone’s failing to saw “hello” as an intentional snub leading to a retaliatory snub)
None of the above
Question Three (.5 points). In 2021, Chisa Ota and Tamami Nakano published an article with the title “Neural correlates of beauty retouching to enhance attractiveness of self-depictions in women” in the journal “Social Neuroscience”. Choose the correct APA style reference for this article from those listed below.
A
Ota, C., & Nakano, T.. Neural correlates of beauty retouching to enhance attractiveness of self-depictions in women. Social Neuroscience, pages121-133, vol 16(2), (2021). doi:http://dx.doi.org/10.1080/17470919.2021.1873178
B
Ota, Chisa., & Nakano, Tamami. (2021). Neural correlates of beauty retouching to enhance attractiveness of self-depictions in women. Social Neuroscience, 16(2), 121-133. doi:http://dx.doi.org/10.1080/17470919.2021.1873178
C
Ota, C., & Nakano, T. (2021). Neural Correlates of Beauty Retouching to Enhance Attractiveness of Self-Depictions in Women. Social Neuroscience, 16(2), 121-133. doi:http://dx.doi.org/10.1080/17470919.2021.1873178
D
Ota, C., & Nakano, T. (2021). Neural correlates of beauty retouching to enhance attractiveness of self-depictions in women. Social Neuroscience, 16(2), 121-133. doi:http://dx.doi.org/10.1080/17470919.2021.1873178
Question Four (.5 points). Consider the same journal article from Question Three above (“Neural correlates of beauty retouching to enhance attractiveness of self-depictions in women.”). On page 123, the authors provided some pictures (Under Figure 1a) that they used as stimulus materials in their study. The study essentially had two different independent variables. One of them was “self vs. other.” What was their other independent variable as depicted in Figure 1a and how many levels did this independent variable have?
Beauty Retouching (Two levels): Original and Mild
Beauty Retouching (Three levels): Original, Mild, and Extreme
Filtered Photos (Two levels): Mild and Extreme
Time to view Photos (Three levels): 4-6 seconds, 3 seconds, 0.5 seconds
Attractiveness Ratings (Eight levels): Ranges from 1 = unattractive to 8 = very attractive
Question Five (.5 points): Using PsycINFO, find the article in which Minsun Lee and Hyun-Hwa Lee (2019) published their article titled “Can virtual makeovers using photo editing applications moderate negative media influences on SNS users’ body satisfaction?” In the literature review (on page 232 under the header “Photo Editing Behavior and Self-Presentation on SNSs”), the authors note that people who use social networking site are often already familiar with altered photos. The authors list several items that represent this familiarity in the first sentence of that section. Which of the following is NOT one of the items the authors mention?
A. Retouching
B. Photo manipulation
C. Image editing
D. “and so forth”
E. The authors actually mention all of the above
STEP 3:
Question Six (.5 points): I want YOU to locate one article relevant to your Paper I: Study One Literature Review that is different from those listed in the questions above and different than any of those posted on Canvas for your Paper I: Study One Literature Review. This article must be a primary source (Peer reviewed), reporting on original, empirical research (I don’t want reviews of the field or books at this time). You might want to find articles that look interesting to you by entering key words describing the topic of your study one (e.g., Filters, Photoshop, Cyberbullying, Person Perception, Social Media, Body Satisfaction, Body Shaming, etc. There are tons of keywords for this topic – note that some of the articles in PsycInfo even list the keywords that they used for their paper). Using APA format, enter the reference on your answer sheet (Since Canvas may not allow for proper indenting or spacing, we will not mark off for that, but make sure the rest of your citation is in APA format):
Question Seven (.5 points): Now write a short summary of the article from question six and give me that summary in Canvas.
Question Eight (.5 points): Use the FIU library find a reference to a book that covers the same topic (or a closely related one) as the article you find in question six. In Canvas, give me this reference in APA format (again, you can ignore spacing issues if Canvas doesn’t allow for perfect APA spacing, but all other APA style elements should be present. Make sure you have a publisher, which is indicative of book references.
Question Nine (.5 points): Tell me if FIU owns the title: Yes or no. Tell me in Canvas
Question Ten (.5 points): If FIU does own the title from questions nine and ten, give me its call number or the ISBN (for an electronic book). If FIU does not own the title, tell me how you would go about getting your hands on the book to borrow using your student resources. Give me your responses in Canvas. Note that books will rarely be in pdf format!
*APA Reference Examples
Article Example: The following is the most common type of APA reference for an article by two or more authors.
Author, A. A., Author, B. B., & Author, C. C. (Year). Title of article. Title of Periodical, volume number (issue number if present), pages. https://doi.org/xx.xxx/yyyy
Wiener, R. L., Winter, R., Rogers, M., & Arnot, L. (2004). The effects of prior workplace behavior on subsequent sexual harassment judgments. Law and Human Behavior, 28(1), 47-67. http://dx.doi.org /10.1023/B:LAHU.0000015003.72223.63
Book Example: The following is the most common type of APA reference for an article by two or more authors.
Author, A. A. (Year of publication). Title of work: Capital letter also for subtitle. Publisher Name.
Stoneman, R. (2008). Alexander the Great: A life in legend. Yale University Press.
Bordens, K.S. & Abbott, B.B. (2008). Research design and methods: A process approach. (7th ed.). McGraw Hill.