Prosecutorial discretion is the ability to decide if charges should be brought in court and to determine the nature of those charges. This power can be seen in the court system in the United States, where prosecutors are very powerful as a result of prosecutorial discretion. There are, however, some limitations on this power, as prosecutors may not violate civil rights by bringing charges vindictively or selectively, and they can be challenged on their decisions about when, where, and how to bring charges. Ultimately the prosecutor decides what cases to proceed with, what plea bargains to accept, and what charge they file.Other options include diversion for mentally ill offenders. Visit the North Carolina Department of Health and Human Services and read the FAQ's about Jail Diversion Programs at: http://www.ncdhhs.gov/mhddsas/services/jaildiversion/faqs.htmReferring to Pete Earley's book, Crazy (required readings), readings regarding prosecutorial discretion, and the FAQ, complete a paper where you address the following:What do you think of prosecutorial discretion for the mentally ill? Should the victim's of the mentally ill perpetrated crimes be considered and have a say? Should prosecutors have full discretion or strict guidelines? What should the guidelines be?What do you think of diversion, or special mental health courts? Should the mentally ill be held accountable for crimes they commit? Should they be punished or treated? Should criminal prosecution be the first step in a mentally ill person's mandated treatment?Considering Pete Earley's son Mike's case, should prosecutorial discretion be used? Should diversion be used? How?Present your answers in a 2 -3 page paper (double spaced, 12 font) . Use citations from the readings in your paper.Paper Guidelines: 2-3 page research paperAPA format (12-point Times New Roman font, APA formatted title page, in-text and reference page citations, reference page, etc.)Paper addresses all assignment guidelinesPaper is formatted with an introduction, body and conclusionPaper must include a min of THREE scholarly, government or approved (included in the course) sourcesNo unsupported opinions: All arguments must be supported with scholarly, government or approved (included in the course) sources

CompetencyAnalyze issues related to common law contracts.ScenarioDue to a couple of new client needs, you received a research assignment to update your firm’s research notes on offer and acceptance. Your firm keeps research in electronic folders so anyone in the firm can get updated on what others have found so it is important to provide complete references.Do not repeat the directions or questions in your paper.Review what you read about offers in the Restatement of Contracts. Then, do the following:Find a very recent offer and acceptance case, using either Lexis Advance or Fastcase. Select sort by date, newest to oldest in Lexis. Use IRAC to summarize the case.Find a recent article or “blawg” (law blog on the web) on offer and acceptance. Summarize and cite the article.Which of the sources helped you most in comprehending the law of offer and acceptance? Why?Find and cite an applicable portion on offer and acceptance in the UCC or the Restatement 2d of Contracts. Use Bluebook citations just below each use of a legal source and an article or Blog. All the uncited portions of the paper need to be your personal analysis.ResourcesFor assistance using the IRAC method, reference this FAQ.For assistance with completing citations and references using Bluebook, reference this FAQ.Q. What is the IRAC Method? Answer**Click here for a sample template**Paralegals need to be able to understand and employ legal analysis to effectively serve clients and support their supervising attorneys. Legal analytical skills are required for nearly every paralegal activity in which you may engage. Some of common places where you may employ this method include:Assessment of the merits of a prospective client matterReview of case lawAn aid to help determine what evidence is necessary to prosecute or defend a casePractically all aspects of legal writing including, but not limited to, case briefing, legal memoranda, legal briefs and appellate briefsIn simple terms, one of the skills that will set you apart from a legal assistant or legal secretary is your ability to employ legal reasoning.IRAC is an acronym for each step of the process. It stands for:Let's see how IRAC works:IssueOne of the most important skills you will need to develop when engaged in legal analysis is issue spotting. The issue is the question or problem to be resolved by application of a legal rule.Do not assume there is only one issue for each legal problem. Sometimes there is only one issue involved, but in the real world, it is more likely there are many. Sometimes you need to resolve one issue before moving onto the next. For example, in a negligence action, you will want to know whether the defendant owed a duty to the plaintiff before you can determine if a duty was breached. If no duty was owed, then no duty was breached.How do you spot issues? If you are reading a court decision, you'll probably be told what issues the court is deciding. If you are not given that luxury, then you must determine what legal problem needs to be answered or solved.Let's look at an example. Suppose a client comes in who has been injured in a car accident. Some issues that you may need to resolve include:Issues of liabilityTheories of recovery available - known as a claim or cause of actionThe burden of proof to establish liabilityDefenses to liabilityMeasure of recoverable damagesWhether it is too late to do anything because of a statute of limitationsAs you can see, it can get complicated. The key to issue spotting is to pay careful attention to the facts and determine what facts pose issues.RuleThe next step is to find and list the legal rules that apply to each issue. Legal rules come from four primary sources:Federal & State ConstitutionsStatutesRegulationsCase LawIf you are reading a court decision, the court will identify the applicable legal rules and will usually spend some time explaining each.If you need to find the rule that applies to an issue, then you will have to engage in legal research. For example, you may review your state's Supreme Court opinions to determine the required elements to establish the tort of negligence in your state.Application/AnalysisAt this stage, the law is applied to the facts to resolve the issue. If you are reading a court case, the court will spend time explaining how it applied the law to the facts to reach its decision.An easy example is determining whether a statute of limitations precludes a lawsuit. Let's say that a prospective client has come into the office that was injured four years ago. You believe the client has a viable claim but discover that the statute of limitations - or deadline in which to file a claim - is three years. Thus, the statute of limitation bars the claim.ConclusionThe conclusion is the result of the application of the law to the facts used to resolve the legal issue. In a court opinion, the conclusion is the court's holding or decision.While you have already reached your conclusion in the application section, it is good practice to restate it in the conclusion. Conclusions can often be quite short. For example, you may conclude that a client was a victim of a battery but does not have a claim because he is the one that started the fight and the other party has a valid claim of self-defense.Q. How do I cite using Bluebook guidelines? Consult the Indigo Book for all of your legal citations.AnswerParalegal course assignments require legal resources to be cited using Bluebook guidelines. The Indigo Book is what students should use for help using The Bluebook: Uniform System of Citation.Students have access to the free Indigo Book on the School of Justice Studies Guide. Need help?1. Refer to the Bluebook tab in the School of Justice Studies Guide for additional help including a Bluebook Sample Paper.2. Make an appointment with a tutor using Tutor Match. Select Paralegal in the School drop down and then pick Bluebook. 3. Attend the Paralegal Study Sessions. Topics vary week-to-week including Bluebook Citations, Lexis Advance & FastCase, our top 10 resources to support you, specific challenges in your course, writing help, and more!4. Refer to this Bluebook Formatting information. Looking for additional examples? Consult Cornell University Law School's Legal Information for guidance in creating legal citations for a variety of legal resources.Q. What does a paper written in Bluebook citation format look like? AnswerBluebook Sample PaperThe sample paper is part of the argument of a brief (very similar to a paper or memo) in Bluebook format used in a legal practice. Included are citations to Court Rules, Statutes, Cases (in long and short form), as well as law review articles, a book, and a webpage. The sample paper is available in the Links & Files section with and without comments.