https://www.echeat.com/ Legalization of Marijuana in California Article 1 – Year 2016 – outdated. Legalization of Marijuana in California puts laws in direct conflict with Federal Government. U.S. Government accepts taxes from Marijuana Companies. Market for recreational and medical marijuana was projected to grow 22 billion in four years from 7 billion this year in California. There are 25 states that already allow medical marijuana. If passed - reduction in drug arrests and increase in tax collection. Legalization means marketing the drug and creating jobs. Pursuant to the article 57 percent believe it should be legal. Cons – need for impairment laws. Cons- per study Marijuana more addicting than alcohol. Article 2- Portugal decriminalized all drugs in 2001. If person is caught with less than a 10 day supply of marijuana to heroin user is sent to a commission made up of a doctor, social worker and lawyer. Worst case scenario treatment is recommended and potentially a small fine. Prior to the decriminalization Portugal did suffer with having 1% of its population addicted to heroin and drug related aids deaths were highest in country. Since decriminalization there has been a decline in drug use among adults 15-64. Article 3- In 2012, less than 1 percent of the american’s population consumed 80 percent of illegal drugs. More americans are jailed for dealing drugs. Prices of cocaine and heroin are 80 to 90 percent lower than 30 years ago Article says that a $200 transaction can cause citizens about $100,000 for a three year sentence. Drug dealers are making less money these days. Legalizing marijuana would take about $10 billion from bad people/dealers. Dealers will continue to make more on cocaine, heroin and methamphetamines. In 1990 24 percent of Americans were for legalizing marijuana, today 50 percent. War On Drugs – Article 4 President Nixon in 1969 in a message to congress indicated serious increase in drug use between 1960 and 1967. In 1971, Nixon declared the war on drugs. Nixon created Drug Enforcement Agency in 1973 Jimmy Carter in his campaign for president pushed for decriminalization of marijuana. Between 1979 and 1985, the Colombian Cartel dominated the market on cocaine. In the mid 1980’s (1985) due to the South Florida Task force fight against drugs, Mexico border comes into play as the main route for drugs. In 1986 regan signed the anti-drug abuse act of 1986, at a cost of 1.7 billion dollars to fight the drug war. 1n 1989 George Bush (president) appoints Willaim Bennett as the new drug czar, who indicated he would make drug 2021-06-13T18:11:42-04:00 http://75.150.148.189/free-essay/Legalizing-drugs-45512.aspx The Uniform Code of Military Justice (UCMJ) is comprised of a large amount of articles, 146 to be exact. Although, the first 135 are the most used, and only 58 are punitive articles (that is, these articles can be punished by court-martial if violated). The purpose of this paper is to disect and explain a very commonly violated and rather important punitive article: Article 92. The UCMJ was passed by Congress on 5 May 1950, and signed into law by President Harry S. Truman the next day; it replaced the historically used Articles of War. Article 92 was included when UCMJ was put into effect. The title of Article 92 is 'failure to obey order or regulation'. By definition it says that it is subject to any person who (1) violates or fails to obey any lawful general order or regulation, (2) who has knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or (3) who is derelict in the performance of his duties; shall be punished as a court-martial may direct. The sub-elements to each of the 3 general viloations respectively are: (1a) That there was in effect a certain lawful general order or regulation; (1b) That the accused had a duty to obey it; and (1c) That the accused violated or failed to obey the order or regulation; (2a) That a member of the armed forces issued a certain lawful order; (2b) That the accused had knowledge of the order; (2c) That the accused had a duty to obey the order; and (2d) That the accused failed to obey the order; (3a) That the accused had certain duties; (3b) That the accused knew or reasonably should have known of the duties; and (3c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties. Each element has additional explanations, to further break down exact offences. The first (Violation of or failure to obey a lawful general order or regulation) has 5 sub points to clarify its exact scope. (a) General orders or regulations are those orders or regulations generally applicable to an armed force which are properly published by the President or the Secretary of Defense, of Transportation, or of a military department, and those orders or regulations generally applicable to the command of the officer issuing them 2018-01-02T08:36:24.593-05:00 http://75.150.148.189/free-essay/1500-word-essay-on-Article-92-UCMJ-45412.aspx The Role and Effectiveness of the Ombudsmen in Jamaica “The Ombudsman, as a protector of citizens of a country against the abuse of power and their human right, is a singular important institution in the pursuit of democratic governance.” This statement by A.J. Nicholson encapsulates the very essence of the role of the Ombudsman. The term Ombudsman literally means representative or agent of the people. Therefore, the Ombudsman acts as a go-between for the people and the powers that would have allegedly violated the rights of the people. In Jamaica, the ombudsman may investigate any matter that the complainant applies to the Supreme Court for recompense which is embedded within the Jamaican constitution. The Ombudsman is not powerless as he/she can recommend enactments, rules or regulations that may cause injustice to be rectified. In Jamaica, there are different types of Ombudsmen that have different roles, responsibilities and standards of practice. These ombudsmen are, the utilities ombudsman, the parliamentary ombudsman, political ombudsman and the ombudsman for contract. They all come together to form the representative unit of the people. The Utilities ombudsman has the ability or power to intervene in disputes involving the National Water Commission, the post and telegraph department, the Jamaica Public Service among others. To be more specific, matters including incorrect bills for utilities, unfair disconnections and inadequate street lighting all fall within the purview of the utilities ombudsman. It is wise to note that the Office of Utilities Regulation (OUR) is the utilities ombudsman as they carry out the aforementioned duties. The office of the utilities ombudsman is very effective as they act as a buffer in that they protect the rights of citizens and regulate the provision of prescribed utility services. Case in point, the OUR’s review of the back billing policy and procedures for JPS after a report from a dissatisfied customer, saw a reduction from four to two months of the allowable period in which JPS is allowed to back bill a customer’s account, therefore it is quite clear that the utilities ombudsman plays a major role in utilities regulation and customer representation. The parliamentary ombudsman is another branch in the tree of representation. This ombudsman deals with matters involving government agencies in general and seeks to change laws through advocacy or through the identification of flaws in public policy. The office of the parliamentary ombudsman tends to target the local government, the authorities approved by 2017-12-17T16:32:54.823-05:00 http://75.150.148.189/free-essay/The-role-of-the-Ombudsman-45410.aspx Criminal Theory: Differential Association Student’s Name Affiliate Institution Criminal Theory: Differential Association The theory of differential association is one of the highly valuable theoretical approaches in criminology studies. This is due to its potential in incorporating sociological perspective to explain crime and deviance. The theory was developed by Edwin Sutherland in 1939 (Akers, 2013); it marked a breakthrough in criminology as prior to that, most criminological research lacked a common framework that guided research and basis for evaluation of findings. This research paper examines the criminal theory of differential association, highlighting its relation with Pine Hills’ experiment and impact on Freud’s theory. Theory of Differential Association and Pine Hills’ Experiment The differential association theory has been very instrumental in inspiring the criminal abstract’s revision, as well as improvements, facilitating further empirical studies and application in national policies and programs on crime. The theory was based on certain components which include: delinquent behavior is learned, it is learned through communication as young people interact, the learning process mainly occurs during association in personal groups, learning includes the techniques of committing crimes, and differential associations vary with regards to various factors such as frequency, intensity, priority and duration (Akers, 2013). It is through these components that the Pine Hills’ experiment was established with an aim of treating delinquents through the process of learning non- criminal behaviors, hence, acquiring good values. The Pine Hills’ experiment involved providing a suitable environment for delinquents so as to give them (children) a chance to experience changes from their delinquent behaviors. At the beginning, the children were required to publicly express their expectations of changing or not changing their behaviors by the end of the treatment. A halfway house established in 1956 (Pine Hills) was the treatment where the boys spent part of each day despite living at home and being free members of the community (Andresen, 2014). However, the boys were assigned responsibilities in the Pine Hills facility where decision making based on peer groups was emphasized. After the effective completion of the program, successful individuals were rewarded through status and recognition for their persistence to finalize the program, as well as their ability to be of service to others. The experiment only considered boys of the age of 15- 17 years with a criminal record and only 20 boys were involved in the experiment at once. The boys were picked at random without interfering with the judicial process 2017-05-24T00:39:08.293-04:00 http://75.150.148.189/free-essay/Criminal-Theory-Differential-Association-45333.aspx Student’s Name Instructor’s Name Course Title Date Fiduciary role History of the Fiduciary Rule For many years, the regulation of the quality of financial advice offered to retirees has been under the provisions of The Employee Retirement Income Security Act of 1974 commonly known as ERISA. Since 1974, no revisions have been made on ERISA to reflect the changes in the retirement saving trends such as the surge in the Individual Retirement Accounts (IRAs). Additionally, since the enactment of the ERISA, the financial sector has experienced a rapid growth in the defined contribution plans. According to Pasztor, “40 years have elapsed since the Department of Labor’s defined what comprise a fiduciary act when it comes to the provision of advice that involves retirement plans (9). In 2010, several recommendations were proposed but were quickly abandoned following a fierce opposition from the different stakeholders in the financial industry (Skinner). On February 23, 2015, President Obama authorized the Department of Labor to update the rules guiding the advice that the financial service providers give to retirees. According to President Obama, the new rules aimed at ensuring that the financial advisors put their client’s best interest above their own (Skinner). On April 2016, the Department of Labor proposed new rules as per Presidents Obama’s directive. The new recommendations were approved by the Office of Management and Budget and endorsed by President Obama (Pasztor 2). The Department of Labor issued its final set of rules on April 6, 2016. However, this was not until it held public consultation that lasted for four days. Under the Department of labor’s new definition of fiduciary demands, all financial advisors need to act in the best interest of their clients. For this reason, there is no way a financial advisor can conceal any potential conflict of interest. Additionally, the advisors are mandated to disclose all the commissions and fee their charge for their services to the client in terms of dollars. The rule issued by the Department of Labor is set to be implemented starting on April 10, 2017 (Pasztor). If implemented, the new rule will ethically and legally bind all the professionals who offer financial advice to retirees since they can be held personally liable if their actions contradict with their client’s best interest (Skinner). The ruling will not only affect the financial advisors but will also have tremendous consequences on the insurance agents and brokers as well. 2017-04-18T01:21:36.317-04:00 http://75.150.148.189/free-essay/Fiduciary-Rule-45309.aspx Social Security Arbitration The process of arbitration is one that is binding and conclusive. Parties involved have the mandate to ensure that they abide by the decisions that are arrived at (Resnik, 2014). The arbitration process could entail an individual, or the court may be involved in resolving the dispute in question. The decision to have an individual oversee the process of arbitration in social security and Medicare could have varied effects. The first regards the aspect of the viability of the decision arrived at. It is the duty of the 2017-02-15T01:33:40.567-05:00 http://75.150.148.189/free-essay/Social-Security-Arbitration_-The-process-of-arbitration-is-one-that-is-binding-and-conclusive_-35283.aspx Social Security Arbitration Name Institution Social Security Arbitration The process of arbitration is one that is binding and conclusive. Parties involved have the mandate to ensure that they abide by the decisions that are arrived at (Resnik, 2014). The arbitration process could entail an individual, or the court may be involved in resolving the dispute in question. The decision to have an individual oversee the process of arbitration in social security and Medicare could have varied effects. The first regards the aspect of the viability of the decision arrived at. It is 2017-02-15T01:20:57.813-05:00 http://75.150.148.189/free-essay/Social-Security-Arbitration-35282.aspx Pablo Lopez June 17 2016 Government Mr. Reagan Public Education Public Education in our country is of obvious importance, yet much confusion arises as to who manipulates it, the national government or the states. Fortunately our federal system clarifies which government handles what, through the 10th amendment. The amendment makes it clear that the state has power over public education by what is distinguished to be reserved powers, and I support the position and is justifiable through our constitutional law. The 10th amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. The question now is what are the powers delegated? A website titled, Federalism in U.S. Government, answered the question by listing the powers delegated to the national government deriving from the Constitution which are the following. To regulate interstate and international trade, coin money, declare war, maintain armed forces, establish a postal system, enforce copyrights, and finally sign treaties. Public education is not mentioned so therefore becomes reserved. A reserved power is any power not specifically stated by the Constitution, and as stated by the 10th amendment it belongs to the states. Although the national government is not able to control public education it does not mean they are prohibited from aiding or upholding the education system, and is not to be confused as to who maintains power. As a matter of fact the national government ends the confusion immediately by claiming no power over education since 1785. A website identified as LMV.org reminds us that year was the year the first Northwest Ordinance law was created stating national government has the right to lay and collect taxes for the purpose of aiding the general welfare of the United States. And it is through general welfare that the national government has assumed the role of becoming a partner with the states to promote a good education. From henceforth the national government has provided millions of dollars and thousands of acres designated for public schooling until the present time. In no occasion has national government overpowered state government in changing the way students learn or what is taught as common core. The states decide how to 2016-08-31T17:03:09.29-04:00 http://75.150.148.189/free-essay/Pablo1-35220.aspx Pablo Lopez June 17 2016 Government Mr. Reagan Public Education Public Education in our country is of obvious importance, yet much confusion arises as to who manipulates it, the national government or the states. Fortunately our federal system clarifies which government handles what, through the 10th amendment. The amendment makes it clear that the state has power over public education by what is distinguished to be reserved powers, and I support the position and is justifiable through our constitutional law. The 10th amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. The question now is what are the powers delegated? A website titled, Federalism in U.S. Government, answered the question by listing the powers delegated to the national government deriving from the Constitution which are the following. To regulate interstate and international trade, coin money, declare war, maintain armed forces, establish a postal system, enforce copyrights, and finally sign treaties. Public education is not mentioned so therefore becomes reserved. A reserved power is any power not specifically stated by the Constitution, and as stated by the 10th amendment it belongs to the states. Although the national government is not able to control public education it does not mean they are prohibited from aiding or upholding the education system, and is not to be confused as to who maintains power. As a matter of fact the national government ends the confusion immediately by claiming no power over education since 1785. A website identified as LMV.org reminds us that year was the year the first Northwest Ordinance law was created stating national government has the right to lay and collect taxes for the purpose of aiding the general welfare of the United States. And it is through general welfare that the national government has assumed the role of becoming a partner with the states to promote a good education. From henceforth the national government has provided millions of dollars and thousands of acres designated for public schooling until the present time. In no occasion has national government overpowered state government in changing the way students learn or what is taught as common core. The states decide how to manage common core and simply receives aid from the federal government on top of collecting taxes themselves as well. In the end the state maintains and always will maintain power over 2016-08-31T16:56:39.51-04:00 http://75.150.148.189/free-essay/Education-should-be-handled-by-the-state-35219.aspx Pablo Lopez June 17 2016 Government Mr. Reagan Public Education Public Education in our country is of obvious importance, yet much confusion arises as to who manipulates it, the national government or the states. Fortunately our federal system clarifies which government handles what, through the 10th amendment. The amendment makes it clear that the state has power over public education by what is distinguished to be reserved powers, and I support the position and is justifiable through our constitutional law. The 10th amendment states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”. The question now is what are the powers delegated? A website titled, Federalism in U.S. Government, answered the question by listing the powers delegated to the national government deriving from the Constitution which are the following. To regulate interstate and international trade, coin money, declare war, maintain armed forces, establish a postal system, enforce copyrights, and finally sign treaties. Public education is not mentioned so therefore becomes reserved. A reserved power is any power not specifically stated by the Constitution, and as stated by the 10th amendment it belongs to the states. Although the national government is not able to control public education it does not mean they are prohibited from aiding or upholding the education system, and is not to be confused as to who maintains power. As a matter of fact the national government ends the confusion immediately by claiming no power over education since 1785. A website identified as LMV.org reminds us that year was the year the first Northwest Ordinance law was created stating national government has the right to lay and collect taxes for the purpose of aiding the general welfare of the United States. And it is through general welfare that the national government has assumed the role of becoming a partner with the states to promote a good education. From henceforth the national government has provided millions of dollars and thousands of acres designated for public schooling until the present time. In no occasion has national government overpowered state government in changing the way students learn or what is taught as common core. The states decide how to manage common core and simply receives aid from the federal government on top of collecting taxes themselves as well. In the end the state maintains and always will maintain power over 2016-08-31T16:35:34.46-04:00 http://75.150.148.189/free-essay/Immigration-35217.aspx Terrorism in Pakistan Full Essay: Terrorism is not just word but ideology that suffered this world a lot. There are many countries of the world that are facing this threat in their parts. Important thing is that all countries are trying to counter it but terrorism increased. Pakistan is also the victim of this terrorism. In fact it is suffering a lot than any other country. The reason of that it’s big functional boundary which is associated with big countries of the world like India, Iran, Afghanistanand China. In last UN Convention in which all heads of States were present, PM India Man Mohan Singh said Pakistan is the Epicenter of Terrorism” and all people that were sit in that convention endorsed his statement without considering that Pakistan gave lot of lives in this fight of terrorism, army men and also public. Today, bomb blast or suicide bombing is normal thing for the citizens of Pakistan. Many Pakistanis are dying these blasts but they are facing it by bravery. But the whole world is continuously pointing to us as terrorist state. What a shame? There is no govt. official that can say truth to the world and to the citizens of Pakistan that are still seeing towards leadership. This is happening with us because of our slavery and corrupt leadership that made such decisions and policies through we are reached at the edge of another partition. Our Establishment launched Jihad to rescue the people of Afghanistan against USSR. We defeated USSR badly with the help of USA and got huge success. Now the scenario has been totally changed for last 10 years. USA replaced USSR and it is fighting against these Afghanis that were fighting with USA against USSR. Pakistan played the same role and it is helping USA against those Afghanis. Presently Pakistan is considered as Infidel (Kafir) state by this Pakistani Taliban. So, Pakistan is facing different war scenes. TTP which has origin of Pakistan is fighting against Pakistani State and Afghani Taliban is fighting against USA in Afghanistan. This wart is continuously going and USA is ready to leave this region by the beginning of 2014 but what about Pakistan? Pakistan has to do something to get rid of this problem because after going USA Pakistan will become the prime target for both of them which will be very deadly detrimental for Pakistan and it should plan something long 2015-08-10T07:10:44.197-04:00 http://75.150.148.189/free-essay/terrisom-in-pakistan-35131.aspx Nelson Mandela was born in 1918 on July the 18th his father died when he was 12 which was in 1930. Nelson got his name from his teacher named Miss Mdingane. Time spent in prison: Nelson Mandela was arrested in a countrywide police swoop on 5 December 1955, which led to the 1956 Treason Trial. Men and women of all races found themselves in the dock in the marathon trial that only ended when the last 28 accused, including Mr. Mandela were acquitted on 29 March 1961. How did Nelson Mandela change South Africa you may ask well this is how? In 1994 Nelson was South Africa’s first president this was a triumph for democracy and also a triumph for equality he made Africa a better place by installing fairer rules for the citizens of Africa. Why is he my hero? Mandela is my hero because is a man of great personal honor, strength, and integrity, but he was always fighting for something greater than himself, and that was the freedom of an entire nation. It is painful to imagine that this man, who radiates so much love, who exposed so many truths, could have spent so much of his life in prison. Mandela is my hero because he triumphed over injustice, and not in a small way. Almost unimaginable just a few years before, Nelson Mandela became the first democratically-elected president of South Africa in 1994 and served in that position for five years. But Nelson never gave up he kept fighting for his country he didn’t want to get beaten by this unjust system of government. He became a warrior in the battle to free South Africa Starting out as a leader of an underground political movement called the ANC. But his career in leading the ANC was cut short when he got sentenced to life prison. Thanks to the self sacrifice of Nelson now all Africans have a better life it doesn’t matter what color they are they all have equal rights they get payed the same if they have an identical job as another citizen there is no unfair pay anymore (that we know of) He didn’t care if he would end up in prison all he waned is so that his country could have a better life, And I’m pretty sure the whole entire world could use nelson as a role model. He has taught me to Stand up for myself don’t 2014-05-26T21:55:59.233-04:00 http://75.150.148.189/free-essay/Why-Nelson-Mandela-is-my-hero_-35038.aspx Kavin Beal Eng.101: Essay # 3 Professor X. Tirado June 16, 2013 Saving the World Planet Earth is in state of emergency. For centuries, human beings have not used correctly our precious, limited, natural resources. There have been numerous propositions to treat appropriately this planet from many countries. Global issues are quite dangerous to human existence that makes them think that there is not an exact solution to them. Complicated situations such as habitat destruction, global warming, exploitation of natural resources, waste of landfills, and pollution are so difficult to handle at the same time. These serious conflicts stand in need of professionals and the government to take control of them. According to the article, “5 Biggest Problems of the World Right Now”, pollution is in the top five worst problems in the earth. “Pollution damages the Earth’s Land, water and air. It results in contamination of the earth's environment with materials that interfere with human health, the quality of life, and the natural functioning of ecosystems (living organisms and their physical surroundings)” (Last). Pollution affects every single living thing in this world. It causes deaths and affects the health of people by contaminating the air we breathe. Unfortunately, this intense dilemma is created generally by the monstrous, human raze. Pollution is created by many different causes. One of the main causes of this catastrophic disaster is regularly generated by throwing thrash into the oceans and into the ground. Humans do not really care about it and don’t mind if they are been affected by it. It will continue to affect human beings drastically without them noticing it and their futuristic families too if they do not start acting. They think that landfills are to dump all the unnecessary items , but it really is not. Landfills are to not dump all the garbage in them, but they are only for dumping trash , not recyclable items. Human beings are a victim of this unnatural problem and need to find an effective solution to get rid of it immediately. As Albert Einstein said,"The world is a result of our thoughts and ideas. Therefore in order to change it, we must first change the way we think." Einstein’s words are very wise and human beings could follow these wise words to help save their homes. How green would this world be if everyone would recycle the items they use? Humans think that 2013-06-18T18:54:09.737-04:00 http://75.150.148.189/free-essay/RECYCLING-SHOULD-BE-A-LAQ-34898.aspx Capital punishment also known as death penalty is the punishment of death which is generally awarded to those guilty of heinous crimes, particularly murder and child rape. At first, capital punishment was applied all over the world beginning in the 18th century. The traditional way of awarding this punishment is "hanging by the neck" till the death of the criminal but there are other methods such as shooting, electric chair, lethal gas and so on. However, in recent months it has been an issue in whether the death penalty should or should not be abolished. First of all, prison are not hard enough on their inmates. Prisoners that are held while their crimes are being investigated are treated too nicely. This could take days, months, even years. These persons are allowed to watch television o attend school in case they are released later. Also, almost everyone in the world fear death and think about it almost every day of their life and could do anything to prevent it or stay away from what can cause it. When people are aware that they will be punished with death if they commit a crime such as murder, their fear of death will discourage them from committing crimes. Some people would argue that death penalty is murder so we would in fact only be repeating the crime. However, to others, death penalty isn't murder, it is society's self-defense. These persons would say: “Is it wrong for a police officer to speed in order to catch a speeder? Some cases require the offense to be repeated in order for justice to be served. Furthermore, if someone walks up to a person and punches him, then gets punched in return...you do not have two cases of assault.”, or “Life is our most precious possession. This is exactly what Capital punishment teaches. Capital punishment let all murderers know that they will have to abandon their lives if they take the life of someone else.” Despite all the pros of capital punishment, there are also a lot of reasons why this kind of punishment should be completely abolished. Some of these reasons are: Every human being is entitled to receive a second chance in life whatever crime he or she did as nobody is perfect. Putting a convict behind bars is always a logical option than killing him, as there is a chance that he may improve. People who have 2013-05-24T10:00:10.29-04:00 http://75.150.148.189/free-essay/Should-capital-punishment-be-abolished-34889.aspx Location: Board of Education Facts of the Case: Black children were denied admission to public schools attended by white children under laws requiring or permitting segregation according to the races. The white and black schools approached equality in terms of buildings, curricula, qualifications, and teacher salaries. This case was decided together with Briggs v. Elliott and Davis v. County School Board 2013-04-01T15:05:01.813-04:00 http://75.150.148.189/free-essay/Brown-V_-Board-of-Education-34840.aspx Introduction : “It is important for people to learn about the freedom of speech and expression and the power of media speech in order to create a culture of media in India and to combine them to some of the most fundamental aspects of our democratic society to create a balance." Freedom of speech and expression is a natural right. The history of this freedom goes way back to when John Milton urged, “Give me the liberty to know, to utter and argue freely according to conscience above all liberties. Since then, the freedom of speech and expression has become a fundamental mantra to realize democratic aspirations. Almost all constitutions of democratic nations have given the prime place for the right to free speech. The whole concept of Freedom of Speech has generally evolved into a freedom of expression. But why is freedom of speech or expression so important? Of course because it is our constitutional right. More over it promotes and encourages the free flow of ideas from which our democracy was formed. It also promotes important ideas and ideals, uncovering the truth and making the leaders accountable for their actions. It opens the minds of the speakers, and the listeners to different views and ideas. Apart from some historical speeches that changed the course of history and had withstood the test of time like that of Martin Luther king (I have a dream) or that of Patrick Henry’s famous statement “Give me liberty, or give me death”, it is also important for the individual dignity, participation and accountability in democracy. “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”. Says declaration of human rights by United Nation. "The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law"- declaration of the rights of man and the citizen . Every constitution has an article referring to the freedom of speech and expression. Freedom of expression has always been emphasized as an essential basis for the democratic functioning of a society. The reasons for this are- the right of an individual to self-fulfillment, the inherent democratic 2012-11-06T04:01:42.663-05:00 http://75.150.148.189/free-essay/media-and-freedom-of-speech-34735.aspx This topic has had a lot of controversy over the last several decades. People are very passionate, when it comes to this. They have had incidents that have happened in their lives, which have influenced their opinions. Personally, for me, I am against the death penalty. I knew the man on the motorcycle that shot the man in the back of the jeep about a year ago. The man, who did the shooting, was my sister’s best friend’s step-dad; he was a really nice man, at least from what I knew about him. We heard all about how Wisconsin should have the death penalty, and that he should receive it. It hurt to know that people wanted this man dead. I have always been against the penalty, but this made me fully support against it. My friend’s sister will be able to see her step-dad, even though he will be in prison. It is still better than not being able to see him at all. Obviously, murder is the most evil thing you can do. However, I believe that everyone makes mistakes, and murder is a dumb mistake. I am glad that Wisconsin does not have the death penalty. One main reason that I am against the death penalty is because it is very expensive. We spend an extensive amount of money every year dealing with death penalty cases. These expenses include attorneys, court, judges, appeals, and the execution. These all are paid by American people’s taxes. It is a lot of more expensive to put the criminals to death rather than just keeping them in prison for life without parole. The additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life is $90,000 per year per inmate. So for the state of California, there are about 670 inmates. This costs $60.3 million alone. For the whole process for an execution, it will cost about two to three million dollars. For example, in Florida, fifty-seven million dollars were spent on eight executions. According to Death Penalty Information Center, North Carolina spends an average of $2.16 million more per execution than a lifetime sentence without the chance of parole. Even though the executions cost a lot of money, there are many states that still use the death penalty. A majority of the states 2012-05-08T16:08:50.7-04:00 http://75.150.148.189/free-essay/The-Death-Penalty-34556.aspx Church & State Within recent past years, the issue of Church and State has been a continuous concern of many Americans and the focus of numerous debates. The dispute is in the interpretation of the United States Bill of Rights First Amendment which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievance” (NARA). It is contested that the First Amendment states one of two things, that the nation should have no established religion, it should be of personal preference and choice to the individual, or that there should be a strict division between church and state, in the sense that prayer in public schools is intolerable. This will be our main focus for the purpose of this paper. The subject matter is one is which I have personally seen progress. When I attended Elementary school, no wrong doing was seen in organized prayer or worship and the Pledge of Allegiance was said using “under God”. However, before the time that I reached upper Elementary education, the statement was silently skipped over. Though my young mind questioned that it was just mistakenly skipped, the issue as to why it had been removed was never questioned by me or any of my classmates, it was simply accepted. Small changes kept appearing in the way religion was handle during school hours. It got so serious that prayer meetings were moved to before and after school and God’s name was scarcely mentioned. The Ten Commandments were no longer posted without accommodating Commandments of other religions. Though I am now in college, the issue of church and state is still strongly contested within public schools and universities. Though the concerns of church and state are broad and deeply integrate, the controversy of prayer in school tends to arouse the most emotion. The argument stems most directly from the fact that public schools are funded and supported by taxpayers. Therefore, believers do not want their money supporting a facility that does not allow his/ her children to pray and non-believers do not want their money supporting an institution that requires their children to participate in prayer. 2011-11-01T19:08:08.19-04:00 http://75.150.148.189/free-essay/Seperation-of-church-state-34282.aspx This essay discusses labor and employment law, and the various areas covered by each. I Introduction II Further Discussion A Employment Discrimination B Pensions C Workplace Safety D Worker’s Compensation E Labor Law III Conclusion IV References I Introduction Labor and employment law are two different areas of the law. Employment law covers “all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining.” It also consists of both federal and state statutes, court decisions and other regulations. Some employment laws exist to protect workers while others “take the form of public insurance.” Unemployment compensation falls into this category. (“Employment Law,” PG). Labor law can fairly be described as a “sub category” of employment law. It too consists of thousands of federal and state regulations and court decisions, but deals mostly with relations between employers and unions, collective bargaining, and other labor-specific issues. II Further Discussion Some of the areas that are covered under employment law are employment discrimination, pensions, workplace safety, and worker’s compensation. (“Employment Law,” PG). I’ll try to give a brief description of the concerns of each field of the law. Employment discrimination law is concerned with employer discrimination based on race, age, sex, national origin, physical disability and religion; there is a “growing body” of employment discrimination law dealing with cases based on sexual orientation. “Discrimination” includes bias in “hiring, promotion, job assignment, termination, [and] compensation,” and all types of harassment. (“Employment Discrimination,” PG). Some of the familiar legislation enacted in this field includes the Americans with Disabilities Act; the Equal Pay Act and the Civil Rights Act of 1964. Pensions are in the news these days, because of the corporate scandals, such as Enron, that have resulted in workers losing not only their jobs but their savings as well. There are generally two types of pensions, a “defined benefit plan” and a “defined contribution plan.” In the first, the employee receives benefits based on his salary and length of service; in the second, the employer makes deposits “into an account established for each employee.” (“Pension Law,” PG). From just these examples, it’s easy to see that pension law is very complex and detailed. It’s governed by federal law, specifically the Employee Retirement Income Security Act (ERISA). Workplace safety is governed largely by the familiar Occupational and Safety Health Act (OSHA), which is a federal law. Its purpose is to reduce the number of injuries, illnesses and deaths 2011-10-30T20:35:43.17-04:00 http://75.150.148.189/free-essay/Labor-and-Employment-Law-34216.aspx This paper explores the German legal system and discusses the ramifications of the dissolution of the East German organization THA, and the transfer of its assets to the West. (9 pages; 4 sources; MLA citation style) I Introduction The German legal system is one of the oldest codified sets of laws in the world. I chose to examine it because of the nation’s troubled and bitter history; its division and subsequent reunification, and its rise to become one of the powerhouse economies of the globe. In short, German history is fascinating. In this paper I examine the German legal system, and argue that its structure directly influences its decisions. In the first paragraph, I introduce Germany as it is today; subsequent paragraphs in the section entitled “History” trace the development of the German legal system over the centuries, particularly the fact that there is no jury trial in Germany. The section entitled “The Courts and Policymaking” considers some of the ramifications of the German legal system and the relationship between the courts and public policy, as illustrated by a scholarly paper by Mark Cassell entitled “Privatization and the Courts.“ The conclusion briefly recaps some of the main points of the paper. II History Germany today is a nation of over 85 million people. It has a bicameral Parliament comprised of the Federal Assembly (Bundestag) and the Federal Council (Bundesrat); the chief of state is President Johannes Rau and the Head of Government is the Chancellor, Gerhard Schroeder. Both are elected by the votes of a Federal convention. The Parliament has 603 seats, and its members are elected by popular vote, in a system that combines both direct and proportional representation. Judges are elected by the Parliament; half by the Bundestag and half by the Bundesrat. (“Germany,” PG). Early German history takes us to a world of unsettled, nomadic tribes; a loose collection of fierce warriors that seems to be an unlikely candidate to develop the kind of organization and power we associate with modern Germany. However, by about 500-888 AD, the “nation’s migration” ended. (Freckmann, p. 2). At the time, Germanic tribes had been gradually unified under the power of the König der Franken (Salic-Frank king)…” (Freckmann, p. 2). “During the Salic-Frank period … law produced by a legislator appeared. It was the first time that legal rules had been recorded and intentionally 2011-10-26T14:51:41.42-04:00 http://75.150.148.189/free-essay/The-German-Legal-System-34148.aspx This essay discusses the book by Laurence Tribe, and his suggestions for reading and interpreting the Constitution of the United States. The Constitution of the United States is a document that has proven to be difficult to interpret; or rather, there are so many interpretations possible that it is not unusual for people holding completely different opinions to use the Constitution to justify their opposing views. It is precisely because court decisions, particularly those of the U.S. Supreme Court, are based upon Constitutional law that it is desirable, even necessary, to understand how to read the Constitution. That is the purpose of this book. The authors are careful to warn readers that they, like other Constitutional scholars, have not been granted some sort of magical “key” that will give them the one and only true interpretation of this document. They remind readers that there is no such thing as a “blueprint” of the Constitution; what they offer is a “framework” to help put it in perspective. They begin by discussing how not to read the Constitution. The author believes that people who try to interpret the Constitution are likely to fall into one of two main fallacies. Either they use the “dis-integration” method, or they turn to the “hyper-integration” method. Neither one is a sound tool for Constitutional study. “Dis-integration” is the practice of “…approaching the Constitution in ways that ignore the salient fact that its parts are linked into a whole—that it is a Constitution, and not merely an unconnected bunch of separate clauses and provisions with separate histories, that must be interpreted.” (Tribe, p. 20). As an example of the problems with this method, Tribe discusses Chief Justice Berger’s interpretation of the Fifth Amendment as justification for the use of capital punishment. The Fifth Amendment says that no one can be deprived of “life, liberty or property, without due process of law.” This would suggest to some that it is perfectly legal to deprive someone of life, provided that it is done with due process of law. This is a narrow interpretation of one amendment, and it stands only so long as we continue to view that single amendment without reference to any of the others. But it’s impossible to do so, for the Eighth Amendment comes into play as well, and it specifically prohibits “cruel and unusual 2011-10-26T13:23:51.307-04:00 http://75.150.148.189/free-essay/Summary-On-Reading-the-Constitution-34116.aspx This essay summarizes Barbara Sinclair’s book about Congress, and in particular, how changes within Congress have changed the ways laws are made. Barbara Sinclair wrote her book because, as she says, “… the gap between the legislative process that I observe on Capitol Hill and the legislative process described in U.S. government textbooks has become a chasm.” (P. xiii). Her book explains how the legislative process actually works, as opposed to how it used to work. The contrast is both interesting and disheartening. In order to show how the process works, Sinclair compares two versions of Clean Air legislation, one passed in 1970 and the other in 1990; highlights the differences between the bills, and explains the processes used to get them through Congress; she also questions the validity of the compromises used to get the bills passed. She also traces (in general) the path of a bill from its introduction to enactment, beginning in the House and continuing through the Senate. She illuminates the reconciliation process that takes place as the two versions of the bill are debated and reworked into a suitable compromise piece of legislation, one that will pass both houses of Congress. She also deals with the budget, a huge, on-going wrangle that now threatens to paralyze the nation and put us in debt for generations to come. But perhaps her most important work is the chapter in which she analyzes the changes that have occurred in the legislative process, and the reasons for those changes. Since it is possible to consider the book as a history of various pieces of legislation, and since a paper this brief doesn’t permit an examination of how certain bills became law, I’d like to use the remaining space to discuss the “heart” of the book: why the process has changed so dramatically. Sinclair says that three major trends played a part in changing the legislative process from the “textbook” one we know from our civics classes (ideally: introduce a bill in the House; send it to committee; debate it; vote on and pass it; send it to the Senate where it again goes to committee; debate it; pass it; sign it into law) to the often hostile and difficult process we have today. The three factors that changed the way laws are made are: 1) “…internal reform that changed the distribution of influence in 2011-10-26T13:22:20.257-04:00 http://75.150.148.189/free-essay/Summary-of-Unorthodox-Lawmaking-by-Barbara-Sinclair-34115.aspx This essay examines Rogers Smiths book about American citizenship laws, which the author finds have been systematically and deliberately written to favor those in power. Rogers M. Smith’s book is, in large part, the history of race relations in the United States. He begins in pre-revolutionary times, then moves to the Colonial Era, and comes forward through various epochs until he reaches the 20th Century; in total, the book spans the years 1763-1912. Smith’s thesis is stark and uncompromising: “I show that through most of U.S. history, lawmakers pervasively and unapologetically structured U.S. citizenship in terms of illiberal and undemocratic racial, ethic and gender hierarchies, for reasons rooted in basic, enduring imperatives of political life. (P. 1). Smith originally set out to explore whether or not America is truly a “Lockean liberal society” as claimed by some political philosopher Louis Hartz. (P. 1). Smith felt it was not, and that there were two challenges to this idea: one, that the U.S. had been shaped by “republicanism … that … opposed Lockean liberalism”; two, that although Americans might seem liberalistic, liberalism itself is an “unsatisfying” and “incoherent” philosophy, because it ignores the basic characteristics of human beings. Smith believed that these challenges to his beliefs as a liberal could be examined by studying the American citizenship laws: “If the U.S. was a product of visions of a privatized, atomistic liberal society and a more communitarian, participatory republican one, then different perspectives should surface and clash in legislative and judicial efforts to define legal membership in the American political community.” (Smith, p. 2). With this idea in mind, Smith began to examine the citizenship laws and in so doing, wound up writing an entirely different book from the one he had envisioned, because he found that “American law had long been shot through with forms of second-class citizenship, denying personal liberties and opportunities for political participation to most of the adult population on the basis of race, ethnicity, gender and even religion.” (P. 2). It was this systematic codification of inequality that he wanted to explore. Smith devotes his book, then, to an examination of the citizenship laws at various periods of American history. He chose the times he did, he explains, by identifying those eras “when a distinct pattern in civic rules prevailed despite ongoing struggle, until those battles 2011-10-26T13:20:59.053-04:00 http://75.150.148.189/free-essay/Summary-of-Civic-Ideals-by-Rogers-Smith-34114.aspx This paper briefly compares the work of the three authors with regard to the trial of Adolf Eichmann. (2+ pages; 3 sources; MLA citation style) I Introduction Hannah Arendt, Denise Levertov and Charles Reznikoff all wrote works based on the trial of Adolf Eichmann, the man responsible for running the Nazi machine that murdered six million Jews during World War II. This paper compares the approaches of these three writers; the advantages of each format; and asks whether or not they can truly be compared. II Discussion Hannah Arendt’s book, entitled Eichmann in Jerusalem, is a non-fiction work that describes the trial in detail. She begins with a description of the courtroom and the justices, and the reasons for the trial. She then considers Eichmann himself, his appearance, demeanor, and defense. She traces his life history, his involvement with the Nazis and his final standing as the man who implemented Hitler’s “final solution”—the extermination of the Jews. She concludes by saying that what Eichmann had taught us was “the lesson of the fearsome, word-and-thought-defying banality of evil.” (P. 252). Indeed, it is hard to imagine a more ordinary man that Eichmann, and that is precisely her point. Her style is easy to read, fluid, and factual. She never becomes heated or passes judgment; nor does she dwell overmuch on the horrible details of the camps themselves. Reznikoff, however, uses the trial testimony (which Arendt doesn’t disclose) as a basis for his poems, which are graphic in the extreme. It seems to be his purpose to force us to face the ugliness without being able to turn away; he describes shootings, gassings, torture and murder over and over again until the reader is numb. For example: “The S.S. man took the baby from her arms / and shot her twice, / and then held he baby in his hands. / The mother, bleeding but still alive, crawled up to his feet. / The S.S. man laughed / and tore the baby apart as one would tear a rag.” (P. 29). Levertov also describes the terrors of the Nazi regime, but far less graphically; she stands in contrast to Reznikoff’s brutal directness. Here, for instance, is her description of Eichmann, in which it would seem she finds a commonality among all men: “He stands / isolate in a bulletproof / witness-stand of glass, / a 2011-10-26T12:48:00.45-04:00 http://75.150.148.189/free-essay/Arendt,-Levertov-and-Reznikoff-34092.aspx The American legal system, based on the ancient idea of "innocent, until proven guilty;" has its share of advantages and disadvantages. They all serve to build a system that has suffered years of trials and tribulations, having lost much of their usefulness in today's world. The cornerstone of the American legal system is the "trial by jury," in which a citizen who has been accused of a crime, has the right to be judged by a group of his fellow citizens, who will have the evidence presented to them, and will subsequently rule based on the evidence as to the accused's guilt or innocence. The assumption in this system is that the jurors will judge their fellow man fairly and without any personal bias. Humans will be humans, however, making this system less than perfect. An excellent illustration of this point is in Twelve Angry Men, which is a fine example of a story about the conflict when logic and emotion collide. Set against mid-century America, the book revolves around the murder trial involving a troubled boy and his father. Twelve men, essentially strangers to each other, must decide the fate of this boy-did he let his rage take control in the murder of his father, or is he merely being taken in as the most convenient suspect. In the beginning of the book, the twelve jurors file out of the court room, giving last glances to the defendant. The scene shifts into the jury room, where they slowly settle into their seats under the direction of the over-organized foreman. At first, based on their conversation, it seems that it will be a unanimous conviction. But when they take a vote, a single man votes "not guilty." In the furor that follows, the other jurors immediately begin questioning the man, not understanding how he could possibly think that way. The man, an architect, responds by saying that he "merely wants to talk." Finally, as they see that they cannot bully the architect into going along with the group, he is asked to "tell us what you're thinking and we'll tell you where you're mixed up." At this stage in the book, the assumption of the other jurors was that the single hold-out was confused. They spend the rest of the time trying to convince him, to get him to relent. But instead, this single man is able to sway each of them in turn, 2011-10-18T01:30:27.183-04:00 http://75.150.148.189/free-essay/Twelve-Angry-Men-34059.aspx Thomas Bartomeli (hereinafter the plaintiff) joined his brother Raymond Bartomeli (hereinafter the defendant) in founding a construction company. In 1983 the two brothers incorporated the company; however the Plaintiff never owned shares in the company. Both parties contributed individual assets to the company and jointly signed notes to acquire certain equipment that was stored on the Plaintiff’s property. In 1991 the Defendant became dissatisfied with the Plaintiff’s work performance and decided the Plaintiff should be removed as secretary of the corporation. Months later the Plaintiff made a request to have a blank check entrusted to him from the company’s secretary. When the Defendant became aware of the Plaintiff’s request, he terminated the Plaintiff’s employment with the company. The Plaintiff then attempted to reach palatable terms between both him and the Defendant as to a division of company assets, but an agreement could not be reached. The Plaintiff then filed suit against the company for breach of contract of partnership. Issue of Law Is there sufficient evidence to conclude that the corporation owes a duty to the Plaintiff to extend a division of assets from the company to the Plaintiff? In what capacity did the two parties serve together within the corporation for which the Plaintiff’s employment was terminated? Is there sufficient evidence to show the Defendant was liable in breaching any contract for which the Plaintiff alleges? Rule of Law 1. “Pleadings have their place in our system of jurisprudence. While they are not held to the strict and artificial standard that once prevailed, we still cling to the belief, even in these iconoclastic days, that no orderly administration of justice is possible without them… The purpose of the complaint is to limit the issues to be decided at the trial of the case and is calculated to prevent surprise.” 2. “A Plaintiff may not allege one cause of action and then recover on another. Facts found but not averred cannot be the basis for recovery.” 3. “[T]o form a contract, generally there must be a bargain in which there is a manifestation of mutual assent to the exchange between two or more parties. 4. “[The] agreement must be definite and certain as to its terms and requirements.... [It] requires a clear and definite promise.... A court may, however, enforce an agreement if the missing terms can be ascertained, either from the express terms or by fair implication.... Thus, an agreement, previously 2009-02-10T00:22:53-05:00 http://75.150.148.189/free-essay/Case-Study-of-Bartomeli-v_-Bartomeli-783-A_2d-1050-33963.aspx Review of Appellate History and Court Dispositions The United States Supreme Court case District of Columbia v. Heller was an appeal arising from the case Parker v. District of Columbia, whereby the Circuit Court of Appeals for District of Columbia held appellate jurisdiction. However, the United States District Court for the District of Columbia possessed original jurisdiction in the Parker case, and for that reason it is also where the case originated. In district court case, the court’s disposition held that Shelly Parker’s (the respondent) Complaint should be dismissed and the District’s (the petitioners) Motion to Dismiss should be granted. The respondent then appealed, whereby certiorari was granted by the circuit court of appeals and a disposition in favor of the respondent was returned. The court further held that the respondent of record (Shelly Parker) had no standing and that the only respondent who had standing was Dick Anthony Heller. Petitioners then brought their appeal to the U.S. Supreme Court, whereby Heller was the respondent of record. Statement of Facts Since 1976 the petitioners have denied citizens within the jurisdiction of the district the right to lawfully possess functioning firearms within their homes. The petitioners have also placed a permanent prohibition for possessing a handgun not registered prior to 1976 within the district. However, long guns (i.e. shotguns and rifles) that are lawfully registered within the city might be possessed, so long as they remain either disassembled or bound by a trigger lock. Even with these weapons bound or disassembled, the resident may not lawfully move the weapon about within the home, nor lawfully reassemble the weapon and use it in the course defending one’s own self nor his/her own family. At the time the litigation began, the respondent, Dick Anthony Heller, was employed by the petitioners as a special police officer at the Thurgood Marshall Federal Judicial Center. In the course of his employment, the respondent was entrusted by the petitioners to carry a loaded handgun for the protection of the judicial building and its employees. However, when the respondent left the building to go home everyday the petitioners required the respondent to be disarmed. Even when the respondent applied to register a handgun in accordance with the district’s application procedures, he was denied the registration, pursuant to the petitioner’s total prohibition on private handgun possession. The respondent was also informed by the petitioners that if he attempted 2009-02-10T00:11:16-05:00 http://75.150.148.189/free-essay/District-of-Columbia-vs_-Heller-128-S_Ct_-2783-33957.aspx THESIS IN SUPPORT OF THE THEORIES OF CRIME CAUSATION AS IT PERTAINS TO THE SOCIAL STRUCTURE DOCTRINE WITHIN THE STUDY CRIMINOLOGY TABLE OF CONTENTS Page TABLE OF CONTENTS…………………………………………………….……...…… 2 TABLE OF AUTHORITIES………………...................................................................... 3 TABLE OF FIGURES…………………………………………………………………… 6 I. PRELIMINARY STATEMENT…….................................................................... 7 II. HISTORICAL ANALYSIS...……….………........................................................ 7 III. ANALYSIS OF CAUSATION THEORIES..….................................................... 8 A. Choice Theories…………………………...................................... 8 B. Trait Theories……………...……................................................. 11 C. Social Structure Theories…………………….........................…. 21 IV. CONCLUSION…………………......................................................................... 26 TABLE OF AUTHORITIES Albert Bandura: Aggression: A Social Learning Analysis (Englewood Cliffs, N.J.: Prentice-Hall, 1973). Alexander Schauss, Diet, Crime and Delinquency (Berkley, Calif.: Parker House, 1980). Byron Roth, “Child Rearing,” Society 34 (1996): 39-45. D.A. Andrews and J. Stephen Wormith, Personality and Crime Knowledge and Construction in Criminology,” Justice Quarterly 6 (1989): 289-310. Deborah Denno, Biology, Crime and Violence: New Evidence (Cambridge: Cambridge University Press, 1989). Derek Cornish and Ronald Clark, eds. The Reasoning Criminal: Rational Choice Perspectives on Offending (New York: Springer Verlag, 1986); Phillip Cook, “The Demand and Supply of Criminal Opportunities,” in Crime and Justice, vol. 7, ed. Derek Cornish and Ronald Clarke, “Understanding Crime Displacement: An Application of Rational Choice Theory,” Criminology 25 (1987): 933-947. Devine F. (1982). “Cesare Beccaria and the Theoretical Foundations of Modern Jurisprudence.” New England Journal on Prison Law. Diana Fishbein and Robert Thatcher, “New Diagnostic Methods in Criminology: Assessing Organic Sources of Behavioral Disorders,” Journal of Research and Crime Delinquency 23 (1986): 240-67. Donald Gibbons, “Comment-Personality and Crime: Non-Issues, Real Issues, and a Theory and Research Agenda, Justice Quarterly (1989): 311-24. Donn Byrne and Kathryn Kelly, An Introduction to Personality (Englewood Cliffs, N.J.: Prentice-Hall, 1981). Edward Megargee, The California Psychological Inventory Handbook (San Fransisco: Jossey-Bass, 1972). Edwin Lemert, Human Deviance, Social Problems, and Social Control (Englewood Cliffs, N.J.: Prentice-Hall, 1967). Edwin Sutherland, “Mental Deficiency and Crime,” in Social Attitudes, ed. Kimball Young (New York: Henry Holt, 1931), chap. 15. Hans Eysenck, Personality and Crime (London: Routledge & Kegan Paul, 1977). Henry Goddard, Efficiency and Levels of Intelligence (Princeton, N.J.: Princeton University Press, 1920); J.A. Yaryura-Tobias and F. Neziroglu, “Violent Behavior, Brain Dysrhythmia and Glucose Dysfunction: A New Syndrome,” Journal of Orthopsychiatry 4 (1975): 182-188. James Q. Wilson, The Moral Sense (New York: Free Press, 1993). Larry Siegel, Criminology, (1998). Lawrence Cohen and Richard Machalek, “A General Theory of Expropriative Crime: An Evolutionary Ecological Approach,” American Journal of Sociology 94 (1988): 465-501. Lawrence Kohlberg, Stages in the Development of Moral Thought and Action (New York: 2009-02-10T00:06:35-05:00 http://75.150.148.189/free-essay/Crime-Causation--33956.aspx THESIS IN SUPPORT OF THE THEORIES OF CRIME CAUSATION AS IT PERTAINS TO THE SOCIAL STRUCTURE DOCTRINE WITHIN THE STUDY CRIMINOLOGY TABLE OF CONTENTS Page TABLE OF CONTENTS…………………………………………………….……...…… 2 TABLE OF AUTHORITIES………………...................................................................... 3 TABLE OF FIGURES…………………………………………………………………… 6 I. PRELIMINARY STATEMENT…….................................................................... 7 II. HISTORICAL ANALYSIS...……….………........................................................ 7 III. ANALYSIS OF CAUSATION THEORIES..….................................................... 8 A. Choice Theories…………………………...................................... 8 B. Trait Theories……………...……................................................. 11 C. Social Structure Theories…………………….........................…. 21 IV. CONCLUSION…………………......................................................................... 26 TABLE OF AUTHORITIES Albert Bandura: Aggression: A Social Learning Analysis (Englewood Cliffs, N.J.: Prentice-Hall, 1973). Alexander Schauss, Diet, Crime and Delinquency (Berkley, Calif.: Parker House, 1980). Byron Roth, “Child Rearing,” Society 34 (1996): 39-45. D.A. Andrews and J. Stephen Wormith, Personality and Crime Knowledge and Construction in Criminology,” Justice Quarterly 6 (1989): 289-310. Deborah Denno, Biology, Crime and Violence: New Evidence (Cambridge: Cambridge University Press, 1989). Derek Cornish and Ronald Clark, eds. The Reasoning Criminal: Rational Choice Perspectives on Offending (New York: Springer Verlag, 1986); Phillip Cook, “The Demand and Supply of Criminal Opportunities,” in Crime and Justice, vol. 7, ed. Derek Cornish and Ronald Clarke, “Understanding Crime Displacement: An Application of Rational Choice Theory,” Criminology 25 (1987): 933-947. Devine F. (1982). “Cesare Beccaria and the Theoretical Foundations of Modern Jurisprudence.” New England Journal on Prison Law. Diana Fishbein and Robert Thatcher, “New Diagnostic Methods in Criminology: Assessing Organic Sources of Behavioral Disorders,” Journal of Research and Crime Delinquency 23 (1986): 240-67. Donald Gibbons, “Comment-Personality and Crime: Non-Issues, Real Issues, and a Theory and Research Agenda, Justice Quarterly (1989): 311-24. Donn Byrne and Kathryn Kelly, An Introduction to Personality (Englewood Cliffs, N.J.: Prentice-Hall, 1981). Edward Megargee, The California Psychological Inventory Handbook (San Fransisco: Jossey-Bass, 1972). Edwin Lemert, Human Deviance, Social Problems, and Social Control (Englewood Cliffs, N.J.: Prentice-Hall, 1967). Edwin Sutherland, “Mental Deficiency and Crime,” in Social Attitudes, ed. Kimball Young (New York: Henry Holt, 1931), chap. 15. Hans Eysenck, Personality and Crime (London: Routledge & Kegan Paul, 1977). Henry Goddard, Efficiency and Levels of Intelligence (Princeton, N.J.: Princeton University Press, 1920); J.A. Yaryura-Tobias and F. Neziroglu, “Violent Behavior, Brain Dysrhythmia and Glucose Dysfunction: A New Syndrome,” Journal of Orthopsychiatry 4 (1975): 182-188. James Q. Wilson, The Moral Sense (New York: Free Press, 1993). Larry Siegel, Criminology, (1998). Lawrence Cohen and Richard Machalek, “A General Theory of Expropriative Crime: An Evolutionary Ecological Approach,” American Journal of Sociology 94 (1988): 465-501. Lawrence Kohlberg, Stages in the Development of Moral Thought and Action (New York: 2009-02-10T00:05:34-05:00 http://75.150.148.189/free-essay/Crime-Causation--33955.aspx This paper critically examines Howard Becker's labeling theory (1963) view that "social groups create deviance by making the rules whose infraction constitutes deviance." The first section provides an explication of Becker's statement within the broader context of labeling theory and social deviance. The next section considers Becker's formulations within the context of specific examples. Finally, the analysis examines the possibility of bringing the labeled outsider back "inside" through a process using Braithwaite's theory of re-integrative shaming. Labelling theorists stress the point of seeing deviance from the viewpoint of the deviant individual. They claim that when a person becomes known as a deviant, and is ascribed deviant behaviour patterns, it is as much, if not more, to do with the way they have been labelled, as the deviant act they are said to have committed. Howard S. Becker, one of the earlier interaction theorists, claimed that, "social groups create deviance by making the rules whose infraction constitutes deviance, and by applying those rules to particular people and labelling them as outsiders". According to Becker, after the individual has been labelled as deviant, they progress down the path of a 'deviant career' and it becomes hard to shake off the deviant label as others see it as a master status of the individual. He points out in "Outsiders: Studies in the Sociology of Deviance" 1963 , however, that when studying 'deviant people' one should not take their deviance for granted, as one "cannot assume that these people have actually committed a deviant act or broken some rule, because the process of labelling theory may not be infallible", that is to be labelled deviant does not necessarily mean that the individual is, or has been deviant in the past. In "Notes on the Sociology of Deviance", Kai T. Erikson, also highlights the way social reaction affects the deviant individual. He reinforces what Backer had previously said: "deviance is not a property inherent in certain forms of behaviour, it is a property conferred upon these forms by the audiences which directly or indirectly witness them". He suggests, however, that deviance is necessary to society's stability, rather than being responsible for its breakdown, as the deviant individual serves as a marker of the difference between good and evil, right and wrong, and as Erikson writes, "in doing so, he shows us the difference between the inside of the group and the outside". He goes on to bring 2009-01-07T20:38:45-05:00 http://75.150.148.189/free-essay/Labelling-Theory-33935.aspx Brief Notes on BUSINESS LAW for B.Com/B.S students Moughera Waqas 17-08-2008 ----------- Chap 5 ----------- Consent Free consent and its effects Coercion Undue influence Fraud (section 17) Fraud and its effects Misrepresentation Mistake and its effects [Terms and symbols used] P.P.C Pakistan Penal Code / or Consent (section 13) (approval/assent/agreement) “Two or more persons are said to be consent when they are agree upon the same thing in the same sense”. Free Consent (section 14) (free assent/agreement) “Consent is said to be free when it is not caused by coercion, fraud, misrepresentation, undue influence and mistake”. Coercion (section 15) (compulsion/intimidation/force/unwillingness) “Coercion is the committing or threatening to commit, any act forbidden by the Pakistan Penal Code, or the unlawful detaining or threatening to detain any property to the prejudice of any person whatever with the intention of causing any person to enter into a agreement”. 1. Committing offence (obtaining or attempt to obtain the consent through an act forbidden by P.P.C) 2. Unlawful detaining or threatening to detain (to obtain the consent of a person to enter into an agreement) 3. Threat against any third party (i.e. in which the concerning aggrieved person has property or some interest) 4. Presence of Pakistan Penal Code (is immaterial, presence/non-presence makes no difference) Effects of Coercion 1. The contact becomes voidable at the option of the aggrieved person/party, the aggrieved party/person has two options a. may compel the other party for specific performance (if deems fit) b. ma set aside the contract 2. Section 64if the aggrieved party decides to set aside the contract he must restore any benefits received by him under such contract Undue influence (section 16(1)) (undue use of power/authority/control) 1. Position to dominate (one of the two parties must be in position to dominate the other party, i.e. having a superior authority over the other) 2. Undue advantage (person having the superior authority must obtain an undue advantage with the use of his power) a. case if mental distress (it is easy to compel a person having temporary/permanent defective mental capacity to enter into a contract even on terms against himself, so it is a voidable contract on the option of defective person) b. real or apparent authority (the relation between the dominant and dominee can either be of real type or the apparent type, i.e. a police officer and a criminal, a doctor and his poor patient) c. fiduciary relation (dominance due to the natural love and affection, mutual trust and confidence) Burden of Proof (no one carries the burden of proof, only the status of the parties may prove the existence of the undue influence) Distinction between coercion and undue influence Coercion || Undue Influence To do any act not involving the 2008-12-17T08:01:37-05:00 http://75.150.148.189/free-essay/Business-Law--33921.aspx [color=black] Since the reinstatement of the death penalty in 1976, there have been one thousand and ninety nine felons sentenced to death as of October 2007. (“Capital Punishment in the United States”)The death penalty is immoral, biased, vengeful, barbaric, and homicidal. Capital punishment is a direct contradiction to the very law it is meant to condemn and should be outlawed. Capital punishment (also known as the Death Penalty) was first used during the 1600’s; it was later considered cruel and unusual punishment due to its violation of the Eighth and fourteenth amendments. (“The Case against the Death Penalty”) The death penalty was later banned. Currently thirty-eight (38) states have legalized capital punishment. The majority of executions take place in the states formerly known as the “confederate states”. They are now often referred to as the “death belt”. The states in this area include Florida, Georgia, Alabama, Mississippi, Louisiana, and Texas. There are currently 3,500 men and women on death row. Around 135 countries have already banned the death penalty in law or practice. 91 percent of ALL executions take place in the U.S.A., Sudan, Iraq, Pakistan, Iran, and China. “It is not only vain, but wicked, in a legislature to frame laws in opposition to the laws of nature, and to arm them with the terrors of death. This is truly committing crimes in order to punish them (~ Thomas Jefferson)” This quote completely describes the government violating the eighth and fourteenth, and breaking the law they created to punish felons who commit heinous crimes. The law clearly states that killing a man is wrong and should be punished. The law however never specifies any exceptions to any one including the government officials who execute felons. The government is committing a felony every time they execute a criminal. Capital punishment is the harshest form of punishment. Putting an end to someone’s life is cruel and immoral. You can clearly see that this cruel punishment is a violation of basic human rights and dignity. This inhumane punishment has obviously not put the fear of death in criminal minds and has not discouraged them to stop breaking the law. Although some people may believe that death is a deterrent to crime it’s really not, death just doesn’t really scare people these days. “I hear much of people’s calling out to punish the guilty, but very few are concerned 2008-04-30T04:06:41-04:00 http://75.150.148.189/free-essay/Capital-Punishment--33578.aspx Workers Compensation in Australia - qld QUEENSLAND LAW It is compulsory in Queensland, for employers to supply their employees with workers compensation schemes. Although the employer may not be at fault, the employee is still entitled for compensation if they had received their injury while at work. Employees, who make a claim to get compensation, aren’t necessarily hurt physically. Some are discriminated against, due to their gender, marital status and some are unfairly dismissed from their jobs, leaving them devastated and jobless. Without workers compensation, employees who have been injured would be expected to have found the money to support themselves as well as their family and make up for any of the loss wages, due to them not being able to work. Worker's Compensation is set up to protect employees financially; there are no costs associated to the employee for worker's compensation, but rather the employer. EMPLOYER PROTECTION Not only are there laws to protect employees, but there are also laws to protect an employer and their rights and responsibilities. Laws are placed to protect employers on how much and employee can gain from an injury caused while they are at work. This law was established for most employment by State Workers Compensation Statutes. STATUTORY AND COMMON LAW CLAIMS In Queensland, injured employees may take two paths in gaining compensation for their injuries. These include statutory and common law claims. A statutory benefit is used to compensate an employee if they have suffered from an injury at work, although it may have not been the employers fault. Compensation covers include hospital expenses, medical expenses, and a loss of wage due to them not being able to work or a straight out payment of compensation to cover the damages. For those employees who suffer from injuries or illness due to their employers being at fault, they are able to make a common law claim. These employees may sue their employers for negligence. Common law compensation includes pain and suffering and legal costs as well as hospital and medical expenses. Employees are able to lodge a common law claim, for up to three years from the day of the incident. After the claim has been put forward, it would take approximately 12 months for the matter to be resolved. ESTABLISHMENT OF WORKCOVER: QUEENSLAND Workers Compensation Board of Queensland was replaced in 1996 by a division of a government department with an independent statutory body now known 2007-07-17T10:48:50-04:00 http://75.150.148.189/free-essay/Workers-Compensation-in-Australia-qld-33280.aspx When you think of anthrax, you think of terrorists. However, terrorists are not the main cause of anthrax. Anthrax occurs in some animals like cattle, sheep, and goats. It is also soil borne. Anthrax is more common in places without veterinarian programs. Anthrax’s scientific name is bacillus anthracis. There are 89 strains of anthrax. One of the strains used in the 2001 anthrax attack on the nation is Ames strain. The Ames strain is extremely dangerous. It is the most dangerous type. The Vollum strain used in the US and UK’s programs and in the bioweapon trials. A scientist named William A. Boyles was accidentally infected with the Vollum strain, which he died from in 1951. The Sterne strain, used as an anthrax vaccine, and is named after a South African researcher. Anthrax has rod-shaped spores that are 1 by 9 micrometers in size. Anthrax was never known to cause disease until 1877, when Robert Koch discovered that it does. Anthrax spores usually rests in the soil resting for decades. Once an animal digests it, the bacterium grows and eventually kills the animal. The anthrax toxin has two factors: edema and lethal factor. The edema factor inactivates white blood cells so they cannot produce bacteria. The lethal factor targets the blood vessel cells. Both factors are very deadly. The most common way for people to be exposed to anthrax is infected animals or their products. Workers who are close to dead animals are at a high risk. In July 2006, an artist who made drums from cattle skins died of anthrax in the United Kingdom. Many people believe that anthrax can only enter the human body by inhalation. Anthrax can enter many ways such as intestines, lungs, or skin. Anthrax is not contagious, so it cannot spread from one person to the next. Many people mistake respiratory anthrax for a cold. They do this because some of its symptoms are cold or flu-like symptoms. After several days of infection, there is respiratory collapse. With intestinal infection, the symptoms are vomiting of blood, diarrhea, and loss of appetite. Untreated, the infection is 99.9% fatal. Infection through the skin causes formation of a black scar, which is painless. Skin infection is rarely fatal, but without treatment, 20% of all cases turn out fatal. The treatment of anthrax is large doses of antibiotics. The treatment usually does not work unless started in a 2007-03-23T01:11:13-04:00 http://75.150.148.189/free-essay/Anthrax--32862.aspx Determining the Effectiveness of the Justice System The justice system is not effectively meeting the four principles of sentencing, which are punishment, deterrence, protection of the public and the reformation and rehabilitation of the offender. The offenders need to go through a stiffer system to be ensured that they meet all four principles. For this to occur sentences must be long enough for individuals to reflect the serious consequences of their intended acts and rehabilitation should be mandatory. Melanie Carpenter was abducted and stabbed to death twenty-five times and sexually assaulted by Fernando Ojaie who was released by the correctional services after serving two-thirds of his sentence. From this example we see that the goal of punishment, which is to deter other criminals from re-offending, is not very effective. We also see that you cannot change someone’s behavior that quickly. Statistics show that 78% of convicted murderers, who are punished, murder again, so why release them? The justice system should propose harsher punishments in order for it to be a more serious deterrent. The key to safety is preventing crime. In order to accomplish this we need to distinguish between those offenders who need to be separated from society, and those who could be better managed in the community. For example, a convicted pedophile such as Mr. Fredericks who attacked children of either sex virtually every time he had the opportunity is not someone you want in your community. This is a person who is a threat to public safety and should be incarcerated. On the other hand a petty thief can live in a halfway house where he lives in a law-abiding lifestyle in the community. Incarceration should in most cases be used only when public safety requires it. We should use alternatives to incarceration if safe and more effective community sanctions are available. More effort should be made to rehabilitate the offender rather than gain revenge. Gaining revenge does not provide us with fewer criminals in society, but it just seems to be creating more. As stated before 78% of convicted murderers, who are punished, murder again, therefore giving them lengthy harsh sentences is not enough. Placing an inmate in jail where education and skills training can sometimes be difficult to access is almost and assurance that the individual will re-offend. The implementation 2007-03-04T17:21:45-05:00 http://75.150.148.189/free-essay/Determining-the-Effectiveness-of-the-Justice-System-32705.aspx Spam is more that an annoyance. It's a plague. Our government has done almost nothing to combat spam. A few state laws and a tepid Federal Trade Commission crackdown of pyramid-scheme spam -- that's about all we've gotten. Meanwhile, spammers are attacking our cell phones and other wireless devices with junk. Spammers are flooding our inboxes (and our kids' inboxes) with scams and pornography. Spam accounts for between 50 percent of all email -- and is growing. The cost of all this junk email gets passed on to us in the form of higher ISP fees. Spam slows down the delivery of legitimate email. Spam causes people to lose, delete and miss real email. Travelers who retrieve their email at hotels have to pay costly per-minute charges because of junk email. And woe be to anyone 2007-02-17T07:03:18-05:00 http://75.150.148.189/free-essay/Spam--32633.aspx Law and Anti-Discrimination This paper will discuss disability discrimination and the legislative and non-legislative tools used to combat it. The major piece of federal legislation, the Disability Discrimination Act (1992) will be examined in considerable detail, and an attempt will be made to analyze its strengths and weakness, with reference to various opinions put forward by individuals and organizations concerned with its implementation. Particular emphasis will be placed upon the compliance of the Act. The issues that have been subject to public debate will be discussed, including arguments for and against compliance processes that have been suggested by governmental bodies. A comparison will be made between measures used in other nations to counter disability discrimination, with the view of making suggestions on improving the processes proposed in Australia. Possible models for Compliance in Education will then be listed, and finally an opinion will be made as to which of these models would be the most appropriate, with consideration as to the circumstances in Australia today. What is Disability Discrimination? Section 5 of the Disability Discrimination Act 1992 (Cth) outlines the meaning of Disability Discrimination. Disability discrimination happens when people with a disability are treated less fairly than people without a disability. Disability discrimination also occurs when people are treated less fairly because they are relatives, friends, co-workers or associates of a person with a disability. It is against the law to discriminate against someone if they have a disability in various areas of life. All governments in Australia have responsibilities under the DDA to ensure that this type of discrimination does not occur. The Federal Disability Discrimination Act makes disability discrimination against the law, covering a broad range of areas in life including employment (s.15), education (s.22), access to premises (s.23), accommodation (s.25), buying land (s.26), sport (s.28) and many more. The definition of "disability", as stated in s.4 of the Act, is very broad, including disability of the following kinds; physical, intellectual, psychiatric, neurological and physical disfigurement. The DDA also protects people like relatives, friends, carers and co-workers of a person with a disability if they are discriminated against because of the person's disability. Harassment because of disability, such as insults or humiliating jokes, is unlawful (under ss. 35-40 of the Act) in employment, education and in the provision of goods, services and facilities. The DDA was passed by the 2007-02-02T17:02:59-05:00 http://75.150.148.189/free-essay/Law-and-Anti-Discrimination-32520.aspx Law Enforcement and Society In order to understand contemporary law enforcement, we should recognize the conditions that impact our profession. It is agreed upon by many scholars that major changes in law enforcement occur every five years. Policing is sometimes characterize"... like a sandbar in a river, subject to being changed continuously by the currents in which it is immersed..." (Swanson, Territo and Taylor, p. 2). However, in recent years some major changes have occurred in a shorter time period. Innovations in law enforcement During the past two decades, I have observed major changes in the viewpoint of society towards police officer's as the symbol of trust and dignity, the technological advances of communication and information systems in law enforcement, and the revision of selection and hiring practices for police officers. Organizational change occurs both as a result of internal and external agents (Swanson, Territo and Taylor, p. 664). These changes have manifested both positive and negative reverberations in the way we perform our job. Police officials have contemplated for years over the key to maintaining a positive image for their organization. Unfortunately, several incidents in the past years have altered society's perception of police in some communities. Police in America are no longer strangers to innovation born of scandal. Law enforcement agencies nationwide have repeatedly been shaken by controversy and forced to make undesirable concessions. Has law enforcement failed to maintain the high standards required by the profession? The cost of public trust is high. It increases each time faith must be regain. Historically, law enforcement agencies throughout the nation have experienced periods of low confidence in communities preceding episodes deemed to be a breach of trust. Early pioneers in law enforcement history such as August Vollmer (1902 - 1932). Berkeley Police Department and J. Edgar Hoover (1924) the Federal Bureau of Investigation made numerous advancements towards improving the professionalism of law enforcement (Anderson and Newman, p. 119 - 120). Other attempts were made in 1956 by the International Association of Chiefs of Police adopted "The Law Enforcement Code Of Ethics" (Wilson and McClaren, p.8) Examples of several historical events locally have attributed to society's decline in respect for police. For example, nine members of a Los Angeles County Sheriff's Department special narcotics squad were charged with misappropriating tens of thousands of dollars confiscated in drug raids (L. A. Times, p. 4, Sept. 9, 1989). Another local incident involved 80 Los Angeles police officers stormed 2007-01-29T05:34:27-05:00 http://75.150.148.189/free-essay/Law-Enforcement-and-Society-32489.aspx Synopsis of Barry Winston Court Case In the American legal system you are said to be innocent until proven guilty. In Barry Winstons “Stranger Than True” he states, “what about a situation in which all evidence seems to point to a persons guilt.” Barry Winston may have found it harder to believe his client was innocent when the evidence pointed in the other direction. In the American legal system the accused are guilty until proven innocent. The first reason why Barry Winston believed his client was guilty is because he was drunk. Winston's client blew a fourteen on the Breathalyzer tests. The kid had three beers before he and his sister decided to leave a party. The kid was being charged with manslaughter and a DUI because he wrecked his sisters car, and killed her in the process. Winston notices that the kid never said who the driver was. Another reason why Barry Winston believes his client is guilty is he was too drunk to remember what happened. After leaving the party the next thing Winston's client remember is waking up in the hospital. Winston's client was too drunk too remember anything until be wakes up in the hospital with bandages and casts all over him. The kid doesn’t even remember if he was driving or not. According to doctors the kid has post-retrograde amnesia. Winston was beginning to lose faith in his clients innocents however he states "of course I believe him, but I'm worried about finding a judge who'll believe him." Winston has trouble finding a witness who knows the whole story. Trooper Johnson can only go by what he investigated at the scene. Holloway pulled the bodies out of the car, however he still refuses to talk to Winston. The final reason why Barry Winston's believes his client is guilty is the car was speeding. The Thornes were heading out of town and saw the sports car pass them going the other way. According to the Thornes the car was going sixty-five to seventy miles per hour. The car runs off the road on the right, whips back on the road ,spins, runs off the road on the left, and disappears. Winston once again loses faith in his clients innocents. Winston believes that the case is over because of outstanding evidence against his client. Holloway tells the court that the car was upside down when he pulled the bodies out, and 2007-01-11T05:37:09-05:00 http://75.150.148.189/free-essay/Synopsis-of-Barry-Winston-Court-Case-32363.aspx Equal Protection And Supreme Court Cases Brown v. Board of Education (1954) stands as a turning point in Supreme Court decision making as it erased segregation in schools and set a new standard for civil rights cases. Using stricter notions of scrutiny the Court was able to revitalize the Fourteenth Amendment. However, while this case set new standards in civil rights, the Court has since had a difficult time defining their role in cases regarding racial discrimination. Washington v. Davis (1976) and McCleskey v. Kemp (1987) are two such cases dealing with racial discrimination in which the court has had to deal with conflicting interests of the justices and how they perceive their role in the changing social landscape of the United States since the decision in Brown v. Board. This paper will examine such conflicting interests by examining the majority, concurring, and dissenting opinions of the justices in the aforementioned cases. Additionally this paper will critique the decisions in light of the following: the choice of political institution and rights principles; the use of precedents; their effect of the development of constitutional principles in its doctrinal area; the policy implications of the decisions; the effects of the case on the development of a principled constitutional law; the use of societal facts; and scholars' views on aspects of the cases. The outcome of Brown v. Board gave the Court an increased role in shaping American society in regards to civil rights issues. Nevertheless the Court continues to struggle with cases dealing with racial equality and the Fourteenth Amendment. As cases have become more complex in terms of racial discrimination the Court has had to adopt guidelines to help ensure consistent and competent judgments in determining their constitutionality. These guidelines, under the guise of strict scrutiny, have continually narrowed the interpretation of the outcomes of Brown and have limited the parameters of the Equal Protection Clause thereby causing continued debate within the Court and in society about racial discrimination. While many changes in the law that have been reflected by rulings of the Court have been beneficial for society they have not always mirrored public beliefs. By doing so the Court has had the power to direct how people act and behave regardless to their personal beliefs. The ruling in Brown was met with much opposition in Southern states, yet forced society to 2007-01-11T05:07:07-05:00 http://75.150.148.189/free-essay/Equal-Protection-And-Supreme-Court-Cases-32355.aspx Cases of Fraud in the Business Place Being a businessperson includes many risks and sacrifices in order to become successful. One of the reasons that companies are failing is due to the fraud of their employees. In order to avoid these problems, the companies that contain a large amount of employees must take the correct precautions. All people in general are capable of committing an action of fraud. Doing something wrong or right is in the nature of all people. Jack Bolgna says in Corporate fraud, “the deference between people and other animals is that people can use the power of reason” (1). However, this ability of using reason is not always about the truth, some people use it to destroy truth by doing actions of fraud. In addition, the basic theory that Bolgna is writing about is that truth and justice and untruth and injustice are actions that depend on each other. For example, if the actions of fraud are increasing it is because more justice and truth exists in the society and for that reason it allows fraud to expand. What exactly is fraud? Most of the times fraud can be misunderstood, talking about it do not mean that is easy to understand it, to really know what its exact meaning is. Bolgnas ideas in this subject are that “fraud, as it is understood today, means an intentional deception or a willful misrepresentation of material fact” (2). Fraud is defined as lying and cheating. However not all lies are actions of fraud. For example, in a business lies may be actions of misinformation, miscalculation or just a “white lie”. Based on Bolgnas theories, a good synonym for fraud is cheating. Being able to understand what the meaning of fraud is one must be able to determine the causes of fraud in the companies. The main causes of fraud are bad management, employees with no personal integrity, opportunities to commit actions of fraud and situational pressures. Bad management is a main reason that allows fraud to take place. As Al Gini said in his book My Job My Self, “A big part of the reason many of as don’t like our jobs is the people we work for our bosses or leaders-and the values of the work place itself” (151). If the managers of a company are not examples to follow how can the employers who have less 2007-01-03T21:47:39-05:00 http://75.150.148.189/free-essay/Cases-of-Fraud-in-the-Business-Place-32208.aspx Analysis of Legal Case between Hall and Mills Love, lust, betrayal, murder, these things made the Hall-Mills case, to most, the “The trial of the century”. Just passed the outskirts of New Brunswick, Edward Wheeler Hall, a Reverend of the local Protestant Episcopal Church of St. John the Evangelist in New Brunswick, and Eleanor Reinhardt Mills, a choir singer of the same church, were killed in Franklin on the dreadful night of September 14, 1922. This murder and case was on the front page of the New York Time astonishingly sixty-two times in 1922 and approximately ninety times in 1926, according to Katherine Ramsland of www.crimelibrary.com. This murder brought people from near and far to report on it and find out what really happened. Due to many mishaps, such as mishandling the crime scene, this murder was destined to never be solved. Therefore, it was not, and it still remains one of the most controversial cases in New Jersey. This case was not only a case of two lovers, but it was an affair of four years according to scsc.essortment.com. The affair was apparently unknown of by the spouses of the two lovers, Frances Noel Stevens Hall and James Mills when asked. Mrs. Hall was a “dumpy, plain, severe-looking women” according to www.paulsann.com, in which her appearance would later be used to describe her as the “Iron Widow” by Christopher Hann in A Dangerous Affair because of her severe expression on her face at the time of the trial. She was seven years older than that of Rev. Hall. As for Mr. Mills, he was a janitor at the Lord Stirling Elementary School and sexton of St. John’s, raising a family on thirty-five dollars a week. He was eleven years older than that of Mrs. Mills, according to www.paulsann.com. The one thing that all four had in common was the church. The church was one connection between Mr. Hall and Mrs. Mills since Mr. Hall was the Reverend and Mrs. Mills was active in the choir and the auxiliary of the church. There many places in which linked many of the activities of the case such as the Hall’s house, Mills’ house, the murder scene, and finally the Somerset County Courthouse. The house at 23 Nichols Avenue New Brunswick, New Jersey had belonged to the Stevens for many years; it belonged to Mrs. Hall’s mother. After her mother died, Mrs. 2006-12-20T03:17:41-05:00 http://75.150.148.189/free-essay/Analysis-of-Legal-Case-between-Hall-and-Mills-32122.aspx Synopsis of the Rosenberg Trial The Rosenberg trial, which ended in a double execution in 1953, was one of America’s more controversial trials. It is sometimes referred to as, “. . the best publicized spy hunt of all times. . .” as it came to the public eye in the time of the atom-spy hysteria. Husband and wife, Julius and Ethel Rosenberg were charged with conspiracy to commit espionage. Most of the controversy surrounding this case came from much speculation that there were influences being reinforced by behind-the-scenes pressure, mainly from the government, which was detected through many inconsistencies in testimonies and other misconduct in court. Many shared the belief that Ethel Rosenberg expressed best as she wrote in one of her last letters before being executed, “. . knowing my husband and I must be vindicated by history...We [Julius and Ethel Rosenberg] are the first victims of American Fascism.” The Rosenbergs were found guilty of their crimes for a variety of factors, namely their history of involvement in the Communist party, the testimony of David Greenglass, the involvement of the Federal Bureau of Investigation in the testimony of David Greenglass, the bias of Judge Kaufman, and the F. B. I.’s flagrant abuse of power. These factors or evidence also prove the Rosenberg’s innocence. Many people believed that the Rosenbergs had a vulnerable background which made the couple fall victim to the government. One of the more incriminating factors involving the history of the Rosenbergs (specifically the history of Julius Rosenberg) was their involvement in the Communist Party. Julius Rosenberg was involved in various Communist organizations including that of the Federation of Architects, Engineers, Chemists, and Technicians (F. A. E. C. T.), a rather radical union for professionals. In September 1940, Julius Rosenberg was hired by the United States Army Signal Corps as a junior engineer, but was fired in March 1945 because he was found to be a member of the Communist party. However, during this time Julius Rosenberg had terminated his membership in the Communist Party and stopped attending various other Communist-affiliated groups. The reason given was, “. . . no longer interested in the Communist literature presented to me [Julius Rosenberg]. . .” He was employed in 1945 with Emerson Radio. Finally, in 1946 Bernard Greenglass, his brother-in-law, asked him to join 2006-12-19T03:08:18-05:00 http://75.150.148.189/free-essay/Synopsis-of-the-Rosenberg-Trial-32053.aspx Description of a Court Room Hearing As observed in the courtroom I have found myself with many mixed emotions on what I have witnessed. These mixed emotions involve the operations of the justice system and how it affects the accused and the victim. It also makes a person wonder how the legal system operates on a basis of repeated domestic violence acts. I appeared in court to observe a domestic violence hearing. It involved a young individual who has a lot of physical violence patterns and who has repeatedly disobeyed his probation orders. This took place in an individual room, which involved the accused and his lawyer, the judge, the victim and the crown of attorney. Previously the accused was under house arrest for many assaults and breaches of his resonance towards the victim. He was not to have any contact with the victim what so ever. The court session had started and the accused person’s lawyer did his best to fight the crown on any of the attempts that they had made to put the accused into jail to finish his conditional sentence in confinement. Which stipulates on the back of the order, if a breach occurs, then confinement can and most likely will take place. There had been many breaches and many assaults. The victim was the actual person to call the police the night that the accused had breached his conditional sentence. The accused was sitting in a hotel drinking and staring at the victim. The victim had called the police and told them that he had been in the bar and was breaching his conditional sentence. This resulted in the police arresting the accused and then taking him to the community jail. The accused spent the night in jail and then they took him to the remand centre. He then had a bail hearing and was released on a $1000 resonance. The accused had been set free and had to appear back at a later date to encompass a hearing. The crown of attorney tried to show the courts that this man was a threat to the victim and was attempting to have the accused finish his conditional sentence in custody. Also to change the probation order to keep the accused from causing the victim fear when the accused was in, or near, a social gathering or building that the 2006-12-18T20:00:05-05:00 http://75.150.148.189/free-essay/Description-of-a-Court-Room-Hearing-32022.aspx Criminal Profiling Applied To Violent and Sexual Crimes The process of criminal profiling as it pertains to serial killers is extremely interesting and much more common than one would first think. This study deals with the research into the developmental and psychological approaches to serial killers. In the process of studying these offenders, researchers have discovered that crime scene manifestations of behavioral patterns enabled the investigators to discover much about the offender (Jones The Process of Criminal Profiling When Applied To A Serial Killer 1). Most crime scenes can tell long detailed stories, and with the right investigators following every detail within that story, the positive chance of finding a conclusion to that story is not always there. Investigators must always keep in mind the fact that normal human behavior, traits, and patterns usually remain consistent, regardless of the activity being performed. Whether a serial killer knows it or not, every murder they commit, they leave their distinguishable mark in some way or another, and that is the key lead that criminal profilers use to catch the correct person (Munn and Douglas Violent Crime Scene Analysis: Modus Operandi, Signature, and Staging 1). Criminal profiling is an effective way to identify and find a criminal. The term “serial” applied to the word murder or killer can raise problems and questions. Serial implies that several murders have taken place at different times. No universal definition is currently used to describe the term “serial murder”. Three key factors to a serial murderer are the number of victims, time period, and the fact that each killing in some way or another is methodical (The Very Emphasis Of The Commandment: Thou Shalt Not Kill 3). Processes of examining all aspects of the crime scene in order to build up a picture of the person who committed the crime are called profiling (Forensic Psychology 1). Profiling can piece together such a complete picture of the offender with traits of the offender’s including sex, age, occupation, disorders, upbringing, marital status, home, type of car they drive, etc (Forensic Psychology 2). Before the term serial killer was coined in the mid-1970’s, such murders were referred to as stranger murders. The term stranger murders was used to differentiate the victims of serial killings from the victims who were killed by people he or she knew, 2006-11-17T02:02:27-05:00 http://75.150.148.189/free-essay/Criminal-Profiling-Applied-To-Violent-and-Sexual-Crimes-31786.aspx Juvenile Vs. Adult Offenders in Mobile County In the Mobile County Justice System, a non-violent juvenile inmate is treated very differently from a non-violent adult inmate. A recent interview with an ex-inmate that had been previously convicted as a youth and convicted again shortly thereafter as a young adult, demonstrated that the programs implemented at both facilities are haphazardly executed, showing little regard for future rehabilitation of an inmate. Upon interviewing Mr. Covington, I discovered that there are very generalized sentencing procedures whether you are a youth or an adult. Mr. Covington was 16 years old when he was charged and convicted of vandalism. The conviction for vandalism as a youth involves a 9-month in-house stay, with no variability or appeal process. However, three years later, Mr. Covington was convicted and after a lost appeal was sentenced to serve ten years, with a minimum three year stay and parole hearings every six months, for check fraud. Mr. Covington entered the James T. Strickland Youth Center when he was a junior in high school. The Youth Center grouped 9-12 grades together for 4 hours per day into one classroom. The focus of each subject was to pass the end of course test, with tests made available for studying instead of learning the curriculum needed to understand the subjects. Mr. Covington felt that the Youth Centers minimum passing requirements and testing policies focused more on memorization skills than the building blocks needed for a future education, leaving him at a severe disadvantage upon returning, as a senior, to a conventional high school. After dropping out of high school, Mr. Covington did not fare any better as a young adult entering the Mobile Count Metro Jail. The County Jail does not have any programs in effect for further education of inmates. The inmate is left on his own, with very limited resources to find a way to advance his education. Mr. Covington spent the next two years studying on his own for the High School Equivalency Diploma, which took him several attempts to accomplish. After serving his 9 months in the Strickland Youth Center, with only twice a week counseling sessions for anger management, Mr. Covington continued on a deteriorating path. After being convicted again and serving his initial 2 years at Mobile County Metro, with no counseling, Mr. Covington 2006-10-28T20:16:08-04:00 http://75.150.148.189/free-essay/Juvenile-Vs_-Adult-Offenders-in-Mobile-County-31600.aspx Standard Oil Vs. The United States Rockefeller was obsessed with the refinement of oil. He saw the tremendous potential of the industry and he decided to dominate it. Rockefeller left the drilling of oil alone, instead he focused on refineries and certain pipe lines that were used to move oil around. Rockefeller and several companions founded the Standard Oil Company. Two years after its conception Standard Oil Co. had taken control of over all but 4 of the almost 40 refineries in the Cleveland, Ohio area. To ensure a monopoly in Ohio the company started obtaining preferential rates and rebates from the railroad industry that was vital to the oil refining business. Rockefeller sometimes used brut force to make sure his monopoly would stay continues unrestricted. Other oil companies were forced out by Standard Oil by the use of price-cutting, which gave them an unfair advantage. After Standard Oil’s success in Ohio, Rockefeller decided to expand into New York, Pennsylvania, and parts of New England. In these states the company accumulated even more refineries by the same unfair tactics. To insure their monopoly the company acquired pipelines from the drilling sites to competing oil companies. This allowed them to control how much oil was refined in the oil processing centers that standard oil did not own. By 1880 Rockefeller himself controlled around 90 percent of the nations oil businesses. In 1889 he found a legal way to tie the businesses together. This was done by the invention of the “trust”. By turning over the administration to nine trusties, they were able to legally hold onto the business. In 1889, The State of Ohio ordered the dissolution of the trust as a violation of state laws. Rockefeller then tried to outsmart the state by transferring the companies stock to people not in the trust agreement. However, the state of Ohio caught on to this and instituted contempt proceedings on the grounds that the trust had not been dissolved. Rockefeller countered by creating a giant holding company, Standard Oil of New Jersey. Standard Oil owned the majority of stock of the corporations involved in all phases of the oil industry including, purchasing, transporting, refining, shipping, pricing, and selling in all part of 2006-10-28T19:10:46-04:00 http://75.150.148.189/free-essay/Standard-Oil-Vs_-The-United-States-31583.aspx Overview of the Scopes Monkey Trials In the 1920’s, there were four states that passed a law banning the teaching of the principles of Darwinian evolution in public schools. Tennessee was one of these four states. In 1925, a high school biology teacher in Dayton, Tennessee, John Scopes, decided to test the law. He assigned his students readings about Darwinism, which directly violated the law. Because of his actions, Scopes was arrested and placed on trial. At the time, this was a major trial. It involved several distinguished lawyers, including William Jennings 2006-10-28T18:58:48-04:00 http://75.150.148.189/free-essay/Overview-of-the-Scopes-Monkey-Trials-31578.aspx Tennessee vs. Scopes Trial: Fact or Fiction In 1925 the court case of Tennessee v. Scopes received national attention, and gained legendary status. This case was the direct result over the nationwide debate on weather Charles Darwin’s Theory of Evolution, or the bible’s account of Genesis, should be taught in public schools, and also effected what was being taught in the public school system. In the years leading up to 1960, and the release of the Hollywood film Inherit the Wind the facts of the scopes trial became very distorted from the real life event. Before comparing the differences in the Scopes trial and the movie Inherit the Wind, it’s important to examine what factors helped lead up to the 1925 court case. The first factor that should be examined is Charles Darwin’s Theory of Evolution. This theory was at the heart of the debate in the Scopes trial. According to class notes lectures Charles Darwin’s theory of Evolution stated that over long periods of time animals with the best characteristics survived, and randomly changed. With this idea of evolution Charles Darwin published a book called the Origins of Species in 1859. In Charles Darwin’s book he presented a revolutionary idea that man could have evolved from ape. As stated in the book Summer of the Gods written by Edward Larson Darwin’s ideas “posed a conflict with accounts of the book of Genesis, which declared that God formed the heavens, the earth, and all kinds of living things in six days, culminating in the creation of Adam and Eve as the forbearers of all human beings”(p15). These opposing concepts ultimately lead to the debate that was a major focal point in the trial of Tennessee v Scopes. The second factor leading to the Scopes trial was a series of anti-evolution bills passed around the United States. Passed in Tennessee, as well as Florida this legislation was known as the Butler anti-evolution Act. This bill forbid the teaching of Evolution as fact in public classrooms, and was a punishable offense under the penal law. Before this law was enacted text like Hunter’s Civic Biology book were state approved material and taught in High School biology classes nation wide. The only problem with this newly created law is would it be enforceable? The only answer to this question would be to have a trial, and John Scopes was the man who was chosen to 2006-10-03T20:34:30-04:00 http://75.150.148.189/free-essay/Tennessee-vs_-Scopes-Trial-Fact-or-Fiction-31496.aspx California State Law on High School Exit Examinations By law, school districts must implement an exit examination to any and all 12th grade students. It is the school’s responsibility to have resources on the school’s site for students to access in preparation for the exit examination. The superintendent of each district will take it upon himself/herself to maintain this process. It is also under the superintendent that he/she shall study the appropriateness of other criteria by which high school pupils who are regarded as highly proficient but unable to pass the high school exit examination may demonstrate their competency and receive a high school diploma. The exit examination will be based upon information gathered in field testing and annual administrations of the examination and shall include the analysis of the students’ performance, the examination effects that it has on college attendance, drop out rates, and graduation. Any students’ whose first language is not English or who do not have a working knowledge of the English language; shall have the exit examination deferred for 24 months, where the student must be enrolled in courses in reading, writing, and comprehension in the English language for about six months. Without the proper instruction, if the student does not pass the exit examination, he or she will not be allowed to get a high school diploma and/or graduate. The exit examination will be covered under the Budget Act and the superintendent will contribute funds for the examination. The state board of education will establish the funding for each of the examinations that will be administered based upon how much each examinations’ cost. Finally, the high school exit examination will be offered to students in the 9th grade at the beginning of the school year, and each student will take the exit examination during the 10th grade school year. The student has the possibility to take the exit examination each succeeding school year thereafter, until the each of the sections of the examination has been completed and passed. The exit examination will be offered in all public high schools that have grades 9 through 12 on dates that are specially designated by the superintendent for the examination. This law forces adolescents to improve their academic achievement above and beyond what they would normally try to strive for. Adolescents who were early maturers, especially girls, will have a difficult time with this added pressure. Early maturing females have a low self-esteem 2006-10-03T20:15:20-04:00 http://75.150.148.189/free-essay/California-State-Law-on-High-School-Exit-Examinations-31484.aspx Law and Justice in Society Martin Luther King once stated, “Injustice anywhere is a threat to justice everywhere.” Would most people agree with this statement by this highly lauded historical figure? It is very possible that a majority of the people in the world would acquiesce to the powerful words of Dr. Martin Luther King. What about those that would disagree with this statement? What would their argument against this utterance be? Is unknown injustice still a threat to justice everywhere? For instance, if someone had the power of invisibility and stole a couple thousand from a prominent individual, would that threat justice? If Socrates was alive in our century, these could very well be the type of questions he might pose. Socrates was well-known for asking questions that nobody really wanted vocalized because they were thought of as unthinkable. This inquisitive personality ultimately led to Socrates’ death by execution. It is difficult to comprehend how Socrates was still committed to “justice” even though the very government he loved actually put him to death. One may accept Socrates’ reasoning in affirming that to abide by the rules to vindicate your belief in the laws, upholds justice as well as presenting a good-nature rather than foolishness. If to abide by the laws, would be to preserve justice then laws preserve justice. This statement is a premise that Socrates could have believed in. Many may think that Socrates was a fool to accept his fate and not try to escape. At first glance, it seems like Socrates was beetle headed not to escape. If one takes a deeper look into the mind of Socrates, one might realize that he has a complicated set of morals. Socrates believed in following the laws, but he also has faith in his God. There may seem to be a conflict between both beliefs. In Apology, written by Plato, Socrates states, “Men of Athens, I honor and love you, but I shall obey God rather than you, and while I have life and strength I shall never cease from the practice and teaching of philosophy.” His morals apply to God in conjunction with the laws set by the government in Athens. It is fascinating to watch Socrates’ mind work. He follows a natural law of questioning 2006-08-29T15:33:33-04:00 http://75.150.148.189/free-essay/Law-and-Justice-in-Society--31373.aspx Racial Biases Among Police Officers Recently racial profiling has become a prominent issue in America. After the incident with Rodney King, more emphasis has been placed on profiling. According to news reports, Rodney King was driving down the street in his hometown of L.A. when several police officers stopped him solely of the color of his skin. There are many conflicting information that reports that he was speeding doing about 100 mph before they stopped him. When he was stopped, he pulled out of the car, the police to deliver 56 baton blows and six kicks to him. In a period of two minutes, King had 11 skull fractures, brain damage, and kidney damage. A man named George Holliday, standing near the sight videotaped the incident. Several months later, the police officers were cleared of criminal charges in this case. Racially bias policing exists almost everywhere in this great free country. America the land of the free, home of the brave in this nation people assumed that they have equaled rights, but do they. The declaration states that all men are created equal, but are they. Following the King incident new awareness have been raised. What predisposed issues was there that caused them to stop King at the particular time. There is not much difference between "racial profiling" and "racially biased policing". Racial profiling refers to and is frequently defined as law enforcement activities (e.g., detentions, arrests, searches) that are initiated solely based on race, and was limited to activities in context only of vehicle stops. That in turn ignored the potential abuse of power in the many other activities in which there could possible be misconduct. Racially biased policing is when an officer is uses more than a single factor when conducting biased law enforcement. For example, an officer might make a decisions based on the neighborhood and the race of the person, the age of the car and or type of car and the race of the person, or the gender and the race of the person. Activities based on these sample pairs of factors would fall outside the most commonly used definition of racial profiling. Racially bias police come in many different categories. Some racially bias police could be bias against a black man who has a white wife, with a great career a nice car. Another officer could 2006-08-27T23:18:06-04:00 http://75.150.148.189/free-essay/Racial-Biases-Among-Police-Officers-31343.aspx The Impact of the Leo Frank Case The case of Leo Frank was one that had a huge impact on American society, and has lead to many changes in the United States legal system. The rape and murder of Mary Phagan, a thirteen-year-old girl who worked in the National Pencil Factory in Atlanta, Georgia, was an event that terrified and enraged the citizens of the state. Leo Frank, superintendent of the pencil factory, was the man who was convicted of the heinous crime. Many factors led to the conviction, and later, the death of Frank. He was a Jewish man from New York, in a position of power; something that Georgians did not agree with. Furthermore, the South had strong moral values dealing with the respect and well being of women. To see this violated hurt and upset the residents deeply. Hence, the perpetrator had to be brought to justice. Representing “urbanization, industrialization, and foreigners”, all of the things that the residents of Georgia had come to despise, Frank was the perfect target. (Dinnerstein 150) The trial of Frank was obviously unjust. Constantly, evidence showing doubt as to whether or not Frank was truly the murderer was overlooked. Jim Conley, the black janitor who worked in the pencil factory, seemed to be a more likely candidate. However, the residents of Georgia continued to point to Frank as the person responsible for the crime, therefore influencing the judges and jury of the case to do the same. Frank, born in Texas and raised in New York, was viewed as an outsider by the populace of Georgia. Furthermore, he was Jewish, amidst many white Protestants. He was the superintendent of the National Pencil Factory, an urbanized industry within an agricultural state. His religion, power and type of work all aided in his unpopularity with the Georgian masses. Though much of the evidence in the case pointed to Conely, this was Georgia’s chance to finally get back at those whom they felt were destroying, or would destroy, their way of life. Frank was the epitome of all of Georgia’s disdain. Furthermore, it would have been nothing for Georgian’s to convict Conely, a man who was at the bottom of the social class and who represented a class who was commonly blamed and punished for major and minor crimes in the first place. Leo Frank was the man that they wanted to suffer, regardless of his 2006-08-27T16:18:24-04:00 http://75.150.148.189/free-essay/The-Impact-of-the-Leo-Frank-Case-31311.aspx Implications of the Whren Decision The United States Supreme Court decided the Whren Decsion in 1996, after a 5-4 vote. The Whren Case began a new era and standard in Search and Seizure Law. The opinion was delivered by Justice Scallia, which upheld the conviction of the appeals court and ruled the search and seizure was constitutional. Several "plainclothes" officers, otherwise undercover police, were patrolling a known drug area in the District of Columbia, on the night of June 10, 1993. The police became suspicious of a dark Pathfinder truck with temporary license plates waiting at a stop sign. Inside were two youths, one of which was looking down 2006-08-27T15:29:59-04:00 http://75.150.148.189/free-essay/Implications-of-the-Whren-Decision-31303.aspx The People, Plaintiff and Respondent, Versus Charles Manson The Homicides On the following day, August 9, Mrs. Chapman returned to the Cielo Drive residence and discovered a ghastly scene. The police were summoned and on investigation located five victims of a brutal homicide. Just inside the entrance to the residence and near the entry gate they located a Rambler automobile. Inside of the vehicle they found the body of Steve Parent. The bodies of Frykowski and Folger were on the front lawn. In the living room, connected by a piece of rope, police located the bodies of Tate and Jay Sebring. A towel was wrapped [**4] around Sebring's neck and covered his face. Substantial amounts of blood and blood trails were found about the property. The word "Pig" was written in blood on the front door. n4 [*125] Examination of the bodies by the coroner revealed that the victims suffered numerous injuries. Tate suffered 16 stab wounds. Folger was found to have been stabbed 28 times. Sebring's body showed seven penetrating stab wounds and one fatal gunshot wound. Frykowski's body exhibited 51 stab wounds and his scalp had 13 lacerations apparently inflicted with a blunt instrument; Frykowski's body had two gunshot wounds. Parent's body had five gunshot wounds. The blood was determined to be that of Sharon Tate Polanski. There was no apparent evidence of ransacking or larceny. Jewelry and some money were found on the victims and on the premises. THE LA BIANCA MURDERS: On August 10, 1969 Frank Struthers, the 16-year old son of Rosemary La Bianca, returned from a vacation to his home at 3267 Waverly Drive. Expecting to find his mother and stepfather, Leno La Bianca, Struthers instead discovered the dead body of Leno La Bianca. Police were summoned to the residence. Mr. La Bianca's [**5] body was in the living room, his face covered with a blood-soaked pillow case. His hands were tied behind his back with a leather thong. A carving fork was stuck in his stomach, the two tines inserted down to the place where they divide. On Mr. La Bianca's stomach was scratched the word "War." An electric cord was knotted around his neck. The coroner's examination revealed 13 stab wounds, in addition to the scratches, and 14 puncture wounds apparently made by the tines of the carving fork. A knife was found protruding from his neck. 2006-08-12T10:38:29-04:00 http://75.150.148.189/free-essay/The-People,-Plaintiff-and-Respondent,-Versus-Charles-Manson-31219.aspx Scopes Monkey Trial of 1925 The 1920’s has been characterized by a period of new thinking and a dispute between traditional beliefs and modernization (Boudia). The era became known as a time of contradiction in people’s thoughts and ideas. After World War 1, fundamentalism soared in popularity, particularly in the South and Midwest. Fundamentalists believed in a literal interpretation of the Bible, and saw the Darwin theory of evolution as a threat to Christianity (The Scope Monkey Trial-July 10, 1925). So opposed to evolution, these fundamentalists set out to eliminate it from society, beginning with the education system in Dayton, Tennessee. By 1925, many states throughout the South had put into effect laws to disallow the teaching of evolution in schools (The Scope Monkey Trial-July 10, 1925). One of these, the Butler Law, was passed in Tennessee even through the governor, Austin Peay, who was not a fundamentalist (The Scope Monkey Trial-July 10, 1925). A former teacher, John Butler, “wrote a bill outlawing the teaching of any theory of evolution contrary to the Bible” (Shellnut). Butler felt “teaching of evolution threatened the family and to cast doubt on the Bible was to undermine the foundations of the State” (Shellnut). The governor passed Butler’s bill as he said, “Nobody believes that it is going to be an active statute” (The Scope Monkey Trial-July 10, 1925). His statement soon became inaccurate as the American Civil Liberties Union became more and more heedful of what they thought to be an infringement on their constitutional rights (The Scope Monkey Trial-July 10, 1925). The ACLU put Tennessee in their sights and instituted a court case to challenge the Butler Law. Soon after, George Rappalyea, a local company manager from New York, arrived at Fred Robinson’s drugstore (Linder). He had with him a copy of the ACLU’s offer of its services to anyone willing to challenge the new Tennessee anti-evolution law (Linder). Rappalyea’s intentions were clearly to kill two birds with one stone: to put the small Tennessee mining town of Dayton on the map and to bring down the despised law. Here at Robinson’s drugstore on May 5, 1925, Rappalyea and other local leaders met to work out the details of their plan (The Scope Monkey Trial-July 10, 1925). What they needed was a teacher to test the law, 2006-08-05T11:40:08-04:00 http://75.150.148.189/free-essay/Scopes-Monkey-Trial-of-1925-31040.aspx Educational Law in the Ontario School System As a student studying the law, I have always had a strong passion to bring in more equality and democracy into our society. I would like to share my views on the current education system of Canada specifically in Ontario. I was very surprised with the outcome of education system has gone through in a result of the bills that have been passed since 1995. The Ontario Public School System is meant to provide all students with an equal opportunity to maximize their educational potential, but the lack of responsibility the government has taken has failed to provide that. On January 13th, 1997, the Ontario government introduced Bill 104, the Fewer Boards Act. It changed educational opportunity in drastic ways, such as, diminishing and removing the responsibilities of locally elected trustees, transferring their duties to government appointed commissioners, and paving the way for an under funding of public education. The Bill sets up a centralized board for controlling the education budgets, contracts, funds, and spending decisions. This scarcely follows a democratic procedure, but instead it has given the government absolute power. And, as we all know Public Education is the cornerstone of a democratic society, and every student requires the right to have a stable, safe, and qualified environment to learn. I feel that the local trustee’s should handle education rather than the government since the trustee’s are elected by the community, they are specially trained to focus on all aspects of improving education, and being a board for education in a district allows them to work in the best interest for our future and of that community. The government has many responsibilities, and controlling the education system will diminish the quality of it. Bill 160 has similar traits to Bill 104; they both centralizes control of the education policy and financing in the hands of the provincial government. The passing of the law has built up hostility within the people working or participating in the sector including, parents and students. It caused a massive strike for two weeks. This bill allowed the Tories to slash the $14 billion education budget to $700million a year. This also lead to the lay off of about 10 000 teachers. They also rewrote the curriculum to make only 4 years of high school instead of 5, because it a cheaper and 2006-08-01T19:54:10-04:00 http://75.150.148.189/free-essay/Educational-Law-in-the-Ontario-School-System-30975.aspx Bilateral Versus Unilateral Contracts A bilateral contract is one where both parties are to perform their promises or obligations at some future time but not necessarily at the same time. A unilateral contract is one where one of the parties performs his promises at the time of making the contract and the other party promises to perform in the future. For example, if Vincent promise to sell Joe a Car for $1000 and Joe promises to pay $1000 for the car, the contract is bilateral and executory on both sides. However if Joe promises to pay $1000 when Vincent delivers the car to him and Vincent does so, then the contract is unilateral, executed as to Vincent but executory as to Joe. In other words it simply means a bilateral contract is enforceable only when Joe offers to buy the car from Vincent, and Vincent agrees. And a unilateral contract becomes enforceable when that Joe promises to pay $1000 for the car if Vincent agrees to deliver the car to him. There are two kinds of contract. The usual variety is called bilateral in which both parties promise to do something for the other, and are bound together from a precise moment in time. This is sometimes referred to as “mutuality of undertaking”. The less common species is the unilateral contact, in which only one party promises. The other makes no promises but performs an act in return for the other party’s promise. The bilateral situation is the more normal one and is a mutual contractual obligation from the outset. The contract is formed before anything is done, though often only seconds before performance begins. The unilateral contract, on the other hand, is formed only after completion of the act. Performance by one party and his acceptance coincide. In both bilateral and unilateral contracts there is offer and acceptance, but the analysis differs which I will show you. Firstly, I will discuss about the bilateral contact. An example of this type of contract is Thornton v. Shoe Lane Parking in which a professional musician, Francis Thornton, had a job for a day playing his trumpet for the BBC at Farringdon Hall in central London. The plaintiff decided to leave his car nearby in a recently opened multi-storey car park in Shoe Lane close to Fleet Street. He drove up, pressed a button and received a ticket, at which point the barrier 2006-08-01T19:14:57-04:00 http://75.150.148.189/free-essay/Bilateral-Versus-Unilateral-Contracts-30968.aspx Patrick Devlin and Morality in the Law First we must state clearly the questions to be examined, these could be loosely put in It is important to state Devlin's case as much debate has sprung from, and refers to it. In 1959 Patrick Devlin gave a lecture, later published as, "The Enforcement of Morals" concerning whether morality ought to be protected by the law. He begins equating morality with religion and its distinctions between good and evil. Religion states immorality is sinful. Should the criminal law concern itself with enforcement of morals and punishment of sin; what is the connection between crime and sin? Devlin refers to the "Wolfenden Report" which looked particularly at the area of homosexuality and legal enforcement of morality. In their finding the Wolfenden committee put forward the following; "Our own formulation of the function of the criminal law so far as it concerns the subjects of this inquiry...is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others, particularly those who are specially vulnerable because they are young, weak in body or mind, inexperienced, or in a state of special physical, official or economic dependence. It is not, in our view, the function of the law to intervene in the private lives of citizens, or to seek to enforce any particular pattern of behaviour, further than is nececcary to carry out the purposes we have outlined." [Ref:1, p.2] The Wolfenden committee recognised an realm of personal or private morality, and indeed immorality. They felt it important that both society and the law give the individual freedom of choice and action in that no act of immorality ought to be a criminal offence unless accompanied by other publicly offensive or injurious features such as public indecency, corruption or exploitation. Devlin criticised using the term 'private morality', and prefered to term individual behaviour that was not in line with public morality, (as he felt all morality was) as being 'private behaviour'. Immoral private behaviour ought to be tolerated unless it is injurious or causes public offense. He also asked what is meant by freedom of choice and action, is it freedom to decide for oneself what is moral and immoral or society neutral, or is it freedom to be immoral if one wants to be? Devlin argued 2006-07-30T21:30:51-04:00 http://75.150.148.189/free-essay/Patrick-Devlin-and-Morality-in-the-Law-30849.aspx Looking back at the O.J. Simpson Case Did you hear that Marcia Clark’s husband cried foul and Johnnie Cochran appeared on his 100th television show? A number of ex-jurors are writing their memoirs. Get your peanuts and popcorn ready as another sordid round of O.J.-mania unfolds in scandal-starved America. The O.J. Simpson story is being pursued by the media with the verve of a bunch of piranha in a feeding frenzy, and the public is loving every bit of it. Ratings are high, ad revenues are up and all that remains is how to masterfully make and divvy up the profits. Why is this the case? Americans have always been and will continue to be fascinated with public figures and the rich and famous. We have been and are increasingly becoming a society of voyeurs, and with the advent of all types of new technology, we are able to almost satiate our voyeuristic appetites. O.J. Simpson’s story provides us with a great deal, both emotionally and physically. There really is nothing wrong with it, although we may not be willing to admit it. It seems so amazing, but not surprising, that a crime so heinous and gruesome has been transformed into a media circus event. We seem so consumed and wrapped up with each new revelation and each new headline. All along, we never really allow ourselves to experience the depth of the tragedy of this murder. Perhaps we never will. Certainly, the way we consume news is part of the reason for this. Watching television and reading the newspapers removes and protects us from the situation, but I believe it goes beyond this initial comfort zone. It seems to me that people often have a great deal of difficulty dealing with intense emotions in general and certainly the potential emotions engendered by this story. Rage, fear, vulnerability, despair and loss are just a few. In addition, the reality that crime in America is on the rise, or at least the perception that it is, can often send shivers down the strongest of spines. As a practitioner, it has been my observation that people have great difficulty facing these emotional and psychological aspects within themselves. Haven’t we all felt murderous feelings toward another individual – a wife, child, friend, lover, business competitor or next-door neighbor? Haven’t many of us gone as far as to visualize this 2006-07-30T11:49:10-04:00 http://75.150.148.189/free-essay/Looking-Back-at-the-O_J_-Simpson-Case-30805.aspx Case Study of Locke Vs. Hobbes When comparing Locke and Hobbes, their ideas seem to contradict each other. Their ideas about Freedom are very different but show the same meaning. “I authorize and give up my right of governing myself to this man, or to this assembly of men, all his actions in like manner.” states Hobbes saying that people’s rights are their own property and can do with them as they wish in order for them to gain their freedom, but if this is to be done he calls it commonwealth. While on the other hand, Locke mentions that, “But though this be a state of Liberty, yet it is not a state of license; though man in that state have an uncontrollable liberty to dispose of his person or possessions, yet he has not liberty to destroy himself, or so much as any creature in his possession, but where some nobler use than its bare preservation calls for it.” This basically means that liberty equals freedom and license is lacking restraint (taking own or others’ life). Hobbes goes on to say that in order to maintain peace and freedom we must have a commonwealth, but we owe “under the immortal god (the “commonwealth”) our peace and defense. For by this authority, given him by every particular man in the commonwealth, he hath the use of so much power and strength conferred to him, that by terror thereof he is enabled to perform the wills of them all, to peace at home and mutual aid against their enemies abroad.” In order to have freedom we must strike terror into man to keep him from destroying the freedom that is offered. Locke then contradicts Hobbes’s thoughts by saying, “The state of nature has a law of nature to govern it, which obliges every one; and reason, which is that law, teaches all mankind who will but consult it, that, being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions. “ Thus, in order to keep this natural state of freedom and equality, we must use a common law. This then creates a paradox that states; order to have freedom we must destroy it. So, lastly, Hobbes’s view on how man gains freedom is to assign 2006-07-28T08:22:07-04:00 http://75.150.148.189/free-essay/Case-Study-of-Locke-Vs_-Hobbes-30760.aspx Case Studies of John Marshall Marbury vs. Madison At the time, two political parties, the Federalists and the Republicans were competing for power in the federal government. Thus, when the Republican’s Thomas Jefferson won the election of 1800, they took control of Congress; however found that the Judiciary, that is the Supreme Court, was still dominated by the Federalists because the justices serve for life under good behavior. That is why President John Adams, a Federalist, tried to fill up the vacancies in the Supreme Court near the end of his term in order to secure the Federalist’s standing in the Judiciary branch. The Secretary of State during Adam’s administration was James Madison, a Republican. It was Madison’s job to deliver the President’s commissions to the appointees, one of who was William Marbury. Madison tried to delay the appointment in order to help the Republicans and thus Marbury, knowing of his appointment, sued Madison for failing to deliver his commission. John Marshall, the chief justice, awarded Marbury the writ of mandamus, which declared that Madison should have delivered the commission to Marshall. However, Marshall also declared that the Judiciary Act of 1789, which allowed the Supreme Court to impose the writ of mandamus, was in conflict with Article III of the Constitution, and thus void. This case is important that it defined the true power of the Supreme Court, as well as the Judiciary branch. It showed that the courts have the power to declare the acts of Congress unconstitutional if they exceeded the rights given by the Constitution. Thus, it is important to recognize the courts as the arbiters of the Constitution, being the final authority to deem what it meant. McCulloch vs. Maryland Congress established the Second Bank of the United States in 1816. However, in 1819, the state of Maryland’s legislature imposed some taxes on the bank. James McCulloch, a cashier of the Baltimore branch of the bank refused to pay the taxes and sued the state of Maryland for unconstitutionally interfering with the Congress’s powers of imposing taxes. The decision of the Supreme Court was in favor of McCulloch, declaring that the state of Maryland could not “tax the instruments of the national government employed in the execution of constitutional powers.” This case is therefore significant in the fact that it limited state rights by addressing that congress, as well as the federal government had certain powers 2006-07-24T14:08:56-04:00 http://75.150.148.189/free-essay/Case-Studies-of-John-Marshall-30590.aspx Being Interviewed by a Lawyer Being interviewed by a lawyer presented me with several new aspects on my major. Erin Berger, attorney at law, was able to help me fully realize how much I didn’t want to obtain a legal major. Although my interests are sparked by law and its different entities, it is not something I can see myself pursuing with zeal or any desire whatsoever. Before I met with Erin, I was told by her paralegal that she was young; it would be painless. Little did I know how casual or effortless it would be. We started with a firm handshake, the only formal thing about the hour, and began to talk. “I’m not even too sure if I want to stick with a pre-law major,” I stated. “Well, then I guess it would be a little more appropriate if you asked me the questions. What do you want to know?” Erin seemed very understanding and easy going from the beginning. I was able to completely desert my feelings of anxiety and what little amount of professionalism a freshman could have in order to open up and talk. I confronted her with the infamous question, “Do you truly enjoy what you are doing right now?” without realizing how significant it was to either one of us. I was to learn that if encountered with that exact question 5 months ago, Erin would have replied with “No, I absolutely hate what I’m doing and I advise you not to do it.” Of course, with gained experience and getting a little more settled with her field of law, she has been able to tolerate her occupation if not enjoy it. Yet, listening to her telling a complete stranger how she hated her job and that she tolerated it seemed so unreal to me. How could a person “tolerate” their job for the rest of their life? Shouldn’t one enjoy if not love their occupation? At least the first if not the latter of the two. So, the conversation continued to draw out points in both of our lives that would on a normal basis be hidden from the normal world. For example, Erin informed me that the only reason she became a lawyer was the fact the she ran out of options. She had 2006-07-22T13:06:22-04:00 http://75.150.148.189/free-essay/Being-Interviewed-by-a-Lawyer-30455.aspx Law Case Study and Analysis This comes from the Associated Press. Around midnight back in 1997 two boys, one 17, and the other an 18 year old football player were pulled over by a local liquor store in Minersville, PA, a small town about 100 miles North West of Philadelphia. They had been spotted drinking party. They were both charged with M.I.P. The police found two condoms in the car. The teens were then taken to the station where they were “lectured” on the bible and homosexuality. Allegedly the arresting officer F. Scott Willinsky asked the boys if they were “queer”. He also proceeded to say that if they would not admit to being gay that he would “out” them. Marcus Wayman frightened by the potential repercussions of this threat, said to his friend he that was going to kill himself. Later in the morning he found a gun in his grandfathers house and before 6 a.m. he ended his life. A lawsuit was filed by Wayman’s mother against the city of Minersville following the incident, and on November 5, 2001 the case made it’s way to a federal court in Allentown. The lawsuit charges three of the Minersville officers (F. Scott Willinsky- arresting officer, Joseph Willinsky-former police chief, Thomas Hoban) with violation of Wayman’s privacy, and unspecified damages. (An important building block to this case was the ruling in a federal court in Philadelphia which stated a person’s constitutional right to privacy does include ones sexual orientation.) Eric Ferro who is an attorney from the ACLU, and represents the Wayman family said, “Many school officials, social workers and others feel they have a duty to share information with parents when they learn that a teenager may be gay” This is exactly the argument of the Sheriff. He said that being in such a small town that he had a lot of influence and therefore had a right to tell people. In a circuit court in which the case was tried before moving on, circuit Judge Carol Lost Mansmann wrote, “…to note our disagreement that the breadth of one’s constitutional rights can somehow be diminished by demographics.” The trial has yet to have an official verdict. Analysis: I think that there are a couple of discussions that can come from this event. 2006-07-22T12:53:41-04:00 http://75.150.148.189/free-essay/Law-Case-Study-and-Analysis-30448.aspx Legal Ruling on Patricia Rosier 1986 Case Patricia Rosier died January 15,1986 with the help of her husband Peter Rosier. She was 43 years old and a mother of two. Her husband Peter was a prominent physician in Fort Myers Florida. He was indicted for first degree murder by Lee County grand jury 10 months later. Patricia had been diagnosed in April 1985 with lung cancer. Which eventually moved to her brain. Her husband felt that there was a lawsuit of malpractice, as he believed she should have had the x-rays six months earlier (Oct. 1985) Dr. Rosier admitted in an interview with a Fort Myers NBC affiliate, WBBH Channel 20 that he helped his wife end her life. He admitted in his manuscript ”I gave her two injections of morphine... I inserted four morphine suppositories into the rectum of my love.” Peter was challenging the laws of euthanasia as he had seen other doctor’s help people from their suffering. But they were never prosecuted. He never thought that Peter would get anything more than a slap on the wrist. But the state’s prosecutor chose to go for murder one and the electric chair. Stanley and Susan Rosenblatt chose together to take this case. It was a case of a dying woman who had fought a very hard battle with cancer, and her loving husband who would do anything to see her suffering stop. But in our judicial system if you know someone or you happen to get the right defense attorney, who happens to be in good with the system, things can go your way. Peter was born in Long Island New York and was what Fort Myers considered a liberal New York Jew. And to use Tom Wolfe’s great phrase Dr. Rosier was “The Great White Defendant.” He was intelligent, rich, arrogant and opinionated. Peter and Patricia moved to Fort Myers in 1973. He was the chief of pathology at Lee memorial Hospital and maintained a private medical practice and was extremely profitable. They definitely lived the good life. He was despised in Fort Myers for not keeping his mouth shut and for suing Lee Memorial hospital and a fellow physician. The news media tried to 2006-07-09T13:20:33-04:00 http://75.150.148.189/free-essay/Legal-Ruling-on-Patricia-Rosier-1986-Case-30101.aspx Case Analysis of Andrea Yates Day by day, people around the world do many bad things and we do not have other choices but face them. One June 20, 2001, 36-year-old Andrea Yates, a Texas mother of five kids ranging in age This world is full of many things we will never understand. Nobody said life is from 6 months to 7 years, drowned all of her children and then phoned the police. The controversial question pops up: Is this woman guilty of capital murder? The truth is that she should not be punished for what she did considering that she did not know right from wrong. Prison is not the right punishment for her. U.S. Department of Health and Human Services revels that Postpartum depression is a common, frequently unrecognized, yet devastating disorder. If it not treated early, will develop the followings symptoms: Dysphoric mood, loss of interest in usually pleasurable activities, difficulty concentrating or making decisions, psychomotor agitation or retardation, fatigue, changes in appetite or sleep, recurrent thoughts of death/suicide, feelings of worthlessness or guilt, especially failure at motherhood and excessive anxiety over a child's health. Yates, had been suffering from post-partum depression since the birth of her two-year-old. She had been on medication, and Child Protection Services, who investigated the family after Andrea Yates's suicide attempt two years ago. The same people who irresponsibly claimed they had no reason to believe the children were not being properly cared for. The trial began February 18, 2002. Yates was found guilty of two counts of capital murder on March 12, 2002, and sentenced to life in prison (with the possibility of parole after 40 years) on March 15, 2002 Four of the jurors who convicted Andrea Pia Yates of capital murder told a nationally televised news program that they believed the crime was premeditated, but they also believed the mother who drowned her five children was mentally ill. They said there's no doubt in anyone's, minds that she was mentally ill. Several of the jurors voted to convict Andrea Yates of capital murder, some of them initially voted for death, then the jury discussed it and agreed on the life sentence. They said the way she drowned her children in the family bathtub seemed premeditated and methodical. "She was able to describe what she did ... I felt like she knew exactly what she was doing, and she knew it was 2006-06-20T14:29:04-04:00 http://75.150.148.189/free-essay/Case-Analysis-of-Andrea-Yates-29671.aspx Pleading Insanity Should be Abolished from the Legal System The insanity defense refers to that branch of the concept of insanity which defines the extent to which men accused of crimes may be relieved of criminal responsibility by virtue of mental disease. The terms of such a defense are to be found in the instructions presented by the trial judge to the jury at the close of a case. These instructions can be drawn from any of several rules used in the determination of mental illness. The final determination of mental illness rests solely on the jury who uses information drawn from the testimony of "expert" witnesses, usually professionals in the field of psychology. The net result of such a determination places an individual accordingly, be it placement in a mental facility, incarceration, or outright release. Due to these aforementioned factors, there are several problems raised by the existence of the insanity defense. Problems such as the actual possibility of determining mental illness, justifiable placement of judged "mentally ill" offenders, and the overall usefulness of such a defense. In all, I believe that these problems, as well as others which will be mentioned later, lead us to the conclusion that the insanity defense is useless and should be abolished entirely. Insanity is a legal, not a medical definition. Therefore, mental illness and insanity are not synonymous: only some mental illness constitutes insanity. Insanity, however, includes not only mental illness but also mental deficiencies. Due to this, there are problems in exactly how to apply a medical theory to a legal matter (Herman, 1983;128). The legal concepts of mental illness and insanity raise questions in a conflict between what are termed legalistic criminology and scientific criminology: mens rea, punishment v. treatment, responsibility, and prisons v. hospitals. This debate seesaws to and fro amidst a grey area between law and science. The major difficulty with a theory such as mental illness is that it is just that, a theory. To scientists theories are a way of life, but applied to the concept of law theories become somewhat dangerous. By applying a loose theory such as mental illness to law we are in essence throwing the proverbial "monkey wrench" into the wheels of justice. TESTING FOR INSANITY At the center of the legal use of insanity lies the mens rea. Every crime involves a physical act, or actus reus, and a mental act, or mens rea, the 2006-06-16T18:59:18-04:00 http://75.150.148.189/free-essay/Pleading-Insanity-Should-be-Abolished-from-the-Legal-System-29652.aspx Legality of Homosexuality in the State of Georgia Section 1: Citation Bowers v. Hardwick, 478 U.S. 186 (1986) Section 2: Facts Michael Hardwick was observed by a Georgia police officer while engaging in homosexual sodomy with another adult in the bedroom of his home. After being charged with violating a Georgia statute that made homosexual sodomy illegal, Hardwick challenged the statute's constitutionality in Federal District Court. Following a ruling that Hardwick failed to state a claim, the court dismissed. On appeal, the Court of Appeals reversed and remanded, holding that Georgia's statute was unconstitutional. Georgia's Attorney General, Michael J. Bowers, appealed to the Supreme Court Section 3: Issue(s) Does the Constitution inherently include a fundamental right upon homosexuals to engage in consensual sodomy, and in doing so make the laws of many states which make such conduct illegal void? Section 4: Reasoning JUSTICE WHITE. None of the rights announced in past cases bears any resemblance to the claimed constitutional right of homosexuals to engage in acts of sodomy. Proscription against that conduct have ancient roots. Sodomy was a criminal offense at common law and was forbidden by the laws of the original thirteen States when the ratified the Bill of Rights. The right pressed upon here has no firm basis in the Constitution. Allowing homosexual conduct would leave exposed to prosecution, adultery, incest, and other sexual crimes even though they are committed in the home. We are unwilling to start down that road. Section 5: Decision Reversed Section 6: Rule The Constitution does not inherently include a fundamental right upon homosexuals to engage in consensual sodomy, and in doing so does not make the laws of many states which make such conduct illegal void? Section 7: Concurring/Dissenting Opinions CHIEF JUSTICE BURGER, concurring. I agree, but write separately to underscore my view that in constitutional terms there is no such thing as a fundamental right to commit homosexual sodomy. Blackstone described “the infamous crime of nature” as an offense of “deeper malignity” than rape, a heinous act “the very mention of which is a disgrace to human nature,” and “a crime not fit to be named.” JUSTICE POWELL, concurring. I agree that there is no fundamental right under the Due Process Clause. The respondent, however, may be protected under the Eight Amendnment. A Sentence of 20 years would certainly create an Eight amendment issue. JUSTICE BLACKMUN with JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE STEVENS join, dissenting. This case is about “the most comprehensive of rights and 2006-06-15T22:30:46-04:00 http://75.150.148.189/free-essay/Legality-of-Homosexuality-in-the-State-of-Georgia-29568.aspx Research Paper on the Dred Scott Case To tell the story of a slave is, of necessity, to tell the story largely, of his masters. This is the story of a slave that whished for freedom. After belonging to several different owners, Dred whished to carry on his life as a free man with his wife and two children. Relying on the “Justice System” in America. Dred took his fight for freedom to the courts, little did he know that his case would one day go down in history as the turning point in American slavery. The Blow family were Dred’s first masters; they lived on a farm in Virginia, poor and worn out from years of cultivation, they moved with the “Era of Good Feelings” west like so many others to Huntsville, Alabama (Hopkins 1). For eleven years the Blow’s farmed in Alabama, but either the land had not been as bountiful as promised, or the lure of greater possibilities in growing St Louis caused Peter Blow to move on. Huntsville was left behind and the Blows and their Negroes traveled again, this time northwest (Hopkins 2). Peter Blow set up a boarding house called The Jefferson Hotel in St Louis, but accumulating unpaid bills indicate that the venture was less than successful. Peter Blow eventually gave up his hotel and moved his family into another house, but his own health failed in the months that followed, he died on June 23,1863 (Fehrenbacher 239) After Mr. Blow’s death in 1863 Dred was sold to meet creditors debts for five hundred dollars to Dr. John Emerson who at the time had been trying to obtain an appointment as assistant surgeon to the United States Army. He received his commission and took with him a slave who was the former property of Peter Blow (Ferenbacher 240). Dred could neither read nor write, and on legal documents he made his “mark”. He had very dark skin and may have been no more than five feet tall. He was described by a newspaper once as “ illiterate but not ignorant” with a “ strong common sense” he however still remains a very indistinct figure (Ferenbacher 240). It is uncertain how Dred felt about being sold 2006-06-15T22:18:16-04:00 http://75.150.148.189/free-essay/Research-Paper-on-the-Dred-Scott-Case-29560.aspx Legal Studies Basic Legal Notions Definitions: • Anarchy- a state of society WITHOUT government or law (LAWLESNESS) • Custom- a type of behaviour that has emerged OVERTIME & that is followed by a group by MUTUAL CONSENT. Traditions. • Fairness- PROPER BEHAVIOUR (conduct) in the performance of an act or duty. • Rules- controlling COMMANDS which have authority of a superior power. Guidelines. • Equality- everybody being treated the SAME. • Justice- a concept about what is RIGHT & WRONG and what is FAIR & UNFAIR. • Values- principles or ATTITUDES which we see as important. Beliefs. • Ethics- a set of MORAL BELIEFS governing behaviour. • Tort- a CIVIL WRONG where one person unreasonably interferes with the rights of another. • Duty- something a person is REQUIRED to do or stop doing. • Right- something to which a person is ENTITLED. • Public law- law affecting ENTIRE community about disputes between the state & private individuals; & law about law-making powers of governments. • Civil law- laws are regulating the behaviour of individuals- form of private law. • Common law- CASE LAW developed in common court case law or JUDGE-MADE law. • Culture- knowledge & ways of THINKING & BEHAVING that give a group its distinctive way of life. • Domestic law- the law of a country- applies within a nation/states’ borders. • High court- the ultimate court of appeal. • Burden of proof- responsibility of the party who must prove a case in court. In a civil case this party is the PLAINTIFF. In a criminal case it’s the PROSECUTION. • Alternative dispute resolution- methods of resolving disputes which do not rely on the court system. • Appellate jurisdiction- a court’s power to hear matters which have been heard before at a court lower in the judicial hierarchy but appealed to the court with the appellate jurisdiction. • Constitutional convention- a meeting of people elected from across Australia to discuss matters of importance, such as the proposed constitutional changes necessary to become a republic in 1998. • Convention- general agreement between nations; a meeting. • Delegated legislation- the subordinate law made by non-parliamentary bodies such as local councils and statutory authorities such as Sydney Water. • Doctrine of precedent- a group of rules that attempt to ensure consistency between consistency between judicial decisions by limiting the ability of a judge to be creative when a decisions by limiting the ability of a judge to be creative when a decision about a similar case has previously been made. • Doctrine of reception- British legal theory which suggested that the application of British law by colonists would be different 2006-06-12T11:04:28-04:00 http://75.150.148.189/free-essay/Legal-Notes-29312.aspx A) Indictable offenses require trial before judge and jury, and so are usually reserved for more serious offenses. Trial by a jury of one’s peers is at the symbolic core of liberal democratic and common law concepts of justice. The jury ultimately connects the community with the administration of justice. In order to give some perspective to the role of the jury within the overall criminal justice system, it must be recognized that only a small percentage of criminal cases are heard before a judge and jury. The jury as an institution is, nevertheless, an important component of the criminal justice system. In the first place, the most serious criminal cases are tried before a judge and jury. In those cases where the State makes allegations of the most grave kind which are contested by the accused person, the responsibility for the determination of guilt is not vested in a single public official. It is placed in the hands of a group of 12 citizens chosen in a random manner as representatives of the general community. In this way the institution of the jury serves as an important aspect of the declaratory or denunciatory function of the criminal law. The maintenance of trial by jury emphasizes the serious nature of the criminal offenses which are so dealt with. In New South Wales a jury has no role in determining the penalty for a person once that person has been found guilty. A jury can only convict or acquit an accused person if they are unanimous, that is all 12 members of the jury agree. Australia has a tradition of court proceedings being based on an adversarial model. In this model the role of the ‘Judge’ is to determine disputes between parties by applying the law to particular facts. Judges determine the facts on the basis of evidence presented to them, either given in Court by witnesses in person or provided in writing by way of an affidavit. Judges will consider the 'credit' of a party, and evidence will be accorded 'weight' depending on its relative importance. ‘A trial does not involve the pursuit of truth by any means … judge’s role … is to hold the balance between the contending parties … not an inquisitorial role …’ (Justice Dawson 1983) ‘There’s a distinction between 2006-06-12T10:50:55-04:00 http://75.150.148.189/free-essay/Criminal-Law-Judges-Jury-Law-Reform-and-Law-Reform-Agencies-29306.aspx The rising tide of crime threatens to engulf us all - or so we are led to believe. The media today is a useful informative tool for the citizens of the world having a direct influence on their perceptions of how they view the world. The way it selects, organizes and presents information, shapes the audiences assumptions of domestic and international affairs. The media is important in shaping public agendas by influencing what people think about, and how events and issues are packaged and presented. In this presentation I will be exploring whether media stereotypes and depictions of crime are truly reflective of official crime statistics. The politics of fear is buffered by the media, stressing fear and threat as features of entertainment that, increasingly, are shaping the everyday lives of individuals. The constant use of fear through increases in reference to criminal incidents pervades crises in normal times: it becomes part of the taken-for-granted word of "how things are," and one consequence is that it begins to influence how we perceive and talk about everyday life, including ordinary as well as significant events. This produces the effect on individuals to begin to believe that danger and risk are a central feature of everyday life. The use of fear in headlines increased dramatically over the last decade and a half, peaking around 1994 only to be surpassed in 2001 due to the September 11 attacks. A qualitative content 1992 - 2002 of several major newspapers shows that crime reports about doubled in their news reports. The use of fear in headlines increased from 30-150% for most newspapers analyzed over a 7-10 year period, with the peak year in 1994. Many of these increases were associated with more emphasis on crime reporting. Audiences interpret the repetitive reports as dramatic enactments of "fear and dread in our lives" and they begin to believe that the cases of crime are on the rise. The major objective of the use of fear in highlighting criminal cases and incidents is to promote a sense of disorder and a belief that `things are out of control which in turn benefits the media agencies. Serious crimes create sensational headlines which in turn creates uninformed or poorly informed individuals. Serious crimes such as assaults and kidnappings continue to be blasted across headlines even when false or greatly distorted. This creates informal decisions by the citizens that crime is 2006-06-12T10:46:49-04:00 http://75.150.148.189/free-essay/The-Rising-Tide-of-Crime-29305.aspx Collaborating is Cheating when you plagiarize Human beings constantly create hierarchies by arranging all things known to them in order of rank. Hierarchies are abound in man's life: our laws, for example, have differing degrees of punishment depending on the severity of the crime. Yet, the ultimate question becomes whether human beings would be justified in creating a hierarchy for the 2006-05-30T18:43:39-04:00 http://75.150.148.189/free-essay/I-Got-Caught--28898.aspx Police Officer Career Report, Career Summary People depend on police officers to protect their lives and property. Police and detectives enforce laws. They catch criminals and they collect evidence. Also at times, they testify in court. Others patrols set areas to prevent crime. Some patrols give out traffic tickets. Some police direct traffic. Most police wear uniforms. Detectives and special agents work in regular clothes. Most detectives are part of regular police forces. Special agents work for Federal and State agencies. They file reports about what they have done during the day. Most police work on foot or ride in cars. Some, however, ride horses, bikes, or motorcycles. Some work in boats on rivers and in harbors. Some police work with dogs. Most police and detectives work at least 40 hours a week. When they work longer, they get extra pay. Because police work is a 24-hour-a-day job, some police have to work nights and weekends. They have to be ready to go to work at all times. Police may work very long hours on a case. Some have to travel a lot, often on short notice. Some police work outdoors in all kinds of weather. Some take very big risks when they chase criminals in cars or when they make an arrest. The job can be very stressful for the police officer. The officer's family may worry a lot. Good training, teamwork, and good equipment reduce the number of injuries and deaths among police officers. There are many duties and responsibilities of a police officer. There main duty and responsibility is to enforce the law and make sure that we live in a safe environment. They have many daily routines depending on the officer. One officer may have to do radar while anther may have to drive around and make sure none is breaking the law. While doing these things officers may be called to go somewhere where someone is breaking the law. There is lots of variety in this job. No two days will be the same for a police officer. One day they might be doing traffic tickets anther day they might have to break up a bar fight or be involved in a high-speed chase. Police Officers are always working with different people in different situations. This is why there is so much variety. Cops have to deal with all kinds of experiences, for example if a 2006-03-10T03:51:19-05:00 http://75.150.148.189/free-essay/Police-Officer-Career-Report,-Career-Summary-28540.aspx The Godfather By: My godfather's name is Kevin. He was chosen to be my godfather long before I was 2006-03-08T03:04:16-05:00 http://75.150.148.189/free-essay/Biography-of-a-family-member-28536.aspx Cyber-Squatting Cyber-squatting is a derogatory term and means registering, selling or using a domain name with the intent of profiting from the goodwill of someone else's trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses. Cyber-squatters usually ask for prices far greater than that at which they purchased it. Some cyber-squatters put up derogatory remarks about the person or company the domain is meant to represent in an effort to encourage the subject to buy the domain from them. The World Intellectual Property Organisation (WIPO) saw a 20 per cent increase in the number of cyber squatting (abusive registration of trademarks as domain names) cases filed in 2005 as compared to 2004. In 2005, a total of 1,456 cyber squatting cases were filed with WIPO's Arbitration and Mediation Centre, according to a WIPO release. Many cyber-squatters also register many variants of a popular trademarked name, a practice known as typo squatting. The practice that's come to be known as cyber-squatting originated at a time when most businesses were not savvy about the commercial opportunities on the Internet. Some entrepreneurial souls registered the names of well-known companies as domain names, with the intent of selling the names back to the companies when they finally woke up. Panasonic, Fry's Electronics, Hertz and Avon were among the "victims" of cyber-squatters. Opportunities for cyber-squatters are rapidly diminishing, because most businesses now know that nailing down domain names is a high priority. Common examples of cyber squatting include the reservation of sites that include the names of celebrities or companies. This guarantees the cyber-squatters a profit whenever a celebrity or company decides to set up an official Web site and needs that domain name. A 1999 law and an international arbitration procedure crack down on people looking to profit from other people's trademarks. If a person owns a trademark and find that someone is holding it hostage as a domain name until the owner of the trademark pays a large sum for it, the owner of the trademark is the victim of cyber-squatting. Amitabh Singhal, Acting CEO of National Internet Exchange of India (NIXI), says that all domain names, except those which have been reserved for use by the Government, constitutional bodies and the registry, are open for registration on a first-come-first-served basis. This is a standard global practice. The 2006-02-19T05:25:38-05:00 http://75.150.148.189/free-essay/Cyber-Squatting--28508.aspx How Reliable Are Young Children As Eyewitnesses? Use research on children’s episodic memory to support your answers. The law has traditionally viewed children as unreliable witnesses, based on perceptions that they are prone to fantasy, that they are suggestible and that their evidence is otherwise inaccurate. General attitudes toward child witnesses have changed dramatically over the last decade, though some psychologists are still divided. Some deem children as reliable and quite capable of providing accurate and detailed testimony (due to their resistance to suggestion regarding events they took part in), whilst others describe them as having difficulties in distinguishing reality, for which further questioning must be initiated, and thus unreliable (Ceci & Bruck). But over all, it is logical to assume that children have similar failings to their adult counterparts, with the possible exception of being more easily confused by technical or complex questions. When dealing with allegations that relate to the child’s personal experience we are generally dealing with episodic memory. Episodic memory relates to remembering events that have been personally experienced and making sense out of them. Procedures that are utilised by the mind in creating memory are threefold. First, information must be encoded. Some information is only encoded briefly. These short-term memories enter the working memory that holds the information for short time periods. Second, memories must be stored. Information that is not maintained in long-term memory cannot be recalled later. Third, memories must be retrieved. A process goes on in the brain where stored information is located and brought into awareness. Different components of a memory, for example the sensory or visual aspects, may be stored in different parts of the brain. The linking together of these various fragments becomes what a person experiences as a memory. Given that children's recall and recognition are thought to be inferior to the recall and recognition of adults the question arises as to how much of this inferiority can be attributed to each of the different stages of memory. The answer to this has great significance in relation to the questioning of children as witnesses. If the inferiority of children's recall and recognition is entirely attributable to encoding, then the only matter that needs to be considered is the manner in which courts should receive children's evidence. If, on the other hand, some or all the relative deficiency of children's recall and recognition can be traced 2006-01-07T07:24:41-05:00 http://75.150.148.189/free-essay/How-Reliable-Are-Young-Children-As-Eyewitnesses-28408.aspx DNA stands for Deoxyribonucleic Acid, a nucleic acid that consists of two long chains of nucleotides twisted together into a double twirl and joined by hydrogen bonds between opposite bases adenine and thymine or cytosine and guanine; it carries the cell's genetic information and hereditary characteristics via its nucleotides and their sequence and is capable of self-replication and genetic material mixture (www.dictionary.com). Both of the egg and sperm hold DNA. Each child receives 23 chromosomes from its mother and 23 from its father, so that’s a total of 46 chromosomes. Every cell carries a blueprint of DNA. A molecule of DNA holds coded plans for thousands of proteins and the length of the strand is called a gene. Amino acids are the building blocks of proteins. Basically DNA is fully composed of proteins. Each person has a unique DNA pattern that can be determined by testing tissue such as hair or body fluids. DNA tests use those unique patterns to determine whether a person is linked to hair, teeth, bones, nails or body fluids found at a crime scene. The Canadian police community had called for the creation of a DNA data bank to assist police investigations. The government responded by assenting to the DNA Identification Act on December 10, 1998. This legislation allowed a DNA data bank to be created and amended the Criminal Code to provide a method for a judge to order persons convicted of designated offences to provide blood, or hair samples from which DNA profiles will be derived. The legislation became official on June 30, 2000. Forensic science uses techniques developed in DNA research to identify individuals who have committed crimes. DNA from semen, skin, or blood taken from the crime scene can be compared with the DNA of a suspect, and the results can hold important information that can put a criminal in prison, DNA doesn’t lie. The chemical structure of everyone's DNA is the same. Every persons DNA is different because is the order of the base pairs. There are so many millions of base pairs in each person's DNA that every person has a different sequence. Using these sequences, every person could be identified solely by the sequence of their base pairs. DNA identification can be quite effective if used intelligently. Portions of the DNA sequence that vary the most among humans must be used; also, portions must be large enough to 2006-01-03T10:05:17-05:00 http://75.150.148.189/free-essay/DNA,-Deoxyribonucleic-Acid-Synopsis-28395.aspx The criminal justice system is best described as a search for the truth, however the more precise definition of it states that it is the system of law enforcement, the bar, the judiciary, corrections, and probation that is directly involved in the apprehension, prosecution, defense, sentencing, incarceration, and supervision of those suspected of or charged with criminal offenses (dictionary.com). As the justice system is handled by humans, it is bound to make mistakes and such errors lead to circumstances in which an innocent is found guilty; this is called a miscarriage of justice. Miscarriage of justice means the failure of a judicial system or court in the administration of justice, especially when an innocent is convicted in a crime (dictionary.com). If someone is wrongfully convicted, that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well, public confidence in the system declines when wrongful convictions are identified. There are several elements that cause a miscarriage of justice, such as non-disclosure of evidence by police or prosecution, confirmation bias on the part of investigators, fabrication of evidence, poor identification, and unreliable confessions due to police pressure or psychological instability. They are all considered unjust as they violate the principle of justice. Such a scenario is the David Milgaard case where the principles of justice were violated. David Milgaard ,born 1954 is a Canadian who was wrongfully convicted for the murder and rape of nursing assistant Gail Miller. In 1969, Milgaard along with two friends, Ron Wilson and Nichol John, decided on a whim to take a road trip across the Canadian prairies, a trip which involved some drug use and petty theft. While the friends were in Saskatoon, a 20 year old nursing student, Gail Miller was found dead on a snow bank. At the time Milgaard and his friends were stopping to pick up a casual friend Albert Cadrain, whose family was renting out their basement to Larry Fisher, a man later found guilty of the crime. British Columbia police arrested Milgaard in May of 1969 and sent him back to Saskatchewan where he was charged with Miller's murder. Milgaard was sentenced to life in prison, on January 31, 1970 at the age of 16, exactly a year after Miller's murder (wikipedia.com). At the time of murder, David Milgaard was a hippie, and was constantly in trouble. 2006-01-03T10:03:53-05:00 http://75.150.148.189/free-essay/Wrongful-Conviction-David-Milgaard-28394.aspx Civil Courts In The Uk Civil courts in England and Wales Most cases dealing with claims for less than about £25000 start in the local County Court of which there are 250. Cases are heard by a legally qualified judge. An appeal can be taken from the District Judge to the Circuit Judge. County Court decisions are not binding in other County Court cases but are generally followed unless there is good reason not to. Cases involving larger sums of money or more important legal points are raised in the High Court. The High Court sits in London and in a few regional centres. It is split into Divisions. For example, the Family Division deals with divorce and child welfare matters and also the administration of wills; the Chancery Division considers complex matters such as disputes about wills, settlements and trusts, bankruptcy, land law, intellectual property and corporate laws; and the Queen's Bench Division deals with the remaining business including disputes about contracts, torts or land. The Queen’s Bench Division has some specialist sub-Divisions, including a Commercial Court which deals with large and complex business disputes. You can appeal a County Court or High Court decision to the Civil Division of the Court of Appeal on law only. From the Court of Appeal, there can be an appeal to the House of Lords on fact or law but usually if it involves matters of legal importance. It is also possible to bring an appeal from the High Court to the House of Lords but this is rare. Up to Court of Appeal level, a judge must follow the decisions of all the higher courts above it but need not follow the views of other judges in the same court or a lower court. The Court of Appeal is normally bound by its own previous decisions and those of the House of Lords but can depart from its own decisions in civil cases in some special circumstances. The House of Lords is not bound by its own previous decisions but will depart from them only rarely. The Civil Court System The County Court This is the lowest tier of the civil court system. The county courts have jurisdiction over recovery of debts and civil actions. In recent years, the High Court has become overloaded and therefore subject to very long delays. The financial limit on the County Court’s jurisdiction has therefore been raised substantially in order for more 2005-07-27T05:53:22-04:00 http://75.150.148.189/free-essay/Civil-Courts-In-The-Uk-27413.aspx Obscenity, Blasphemy, and Freedom of Expression The right to freedom of expression is a fundamental right, which has not traditionally been prescribed by law, but can be considered more of a moral right. However the enactment of the Human Rights Act 1998 incorporated the European Convention on Human Rights into domestic law, Article 10 of which creates a right to freedom of expression. Article 10 (1) states “Everyone has the right to freedom of expression. The right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.” However this right to free speech is qualified and not absolute as Section 10 (2) imposes a number of restrictions upon its exercise; “The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the reputation or rights of others.” Two of these “restrictions prescribed by law” are the criminal offences of Obscenity and Blasphemy, which abridge freedom of expression in order to protect individuals and in some cases the public in general, against harm to moral integrity and uphold standards pf public behaviour as well as protecting religious sensibilities. The extent to which they constitute a restriction on freedom of expression, however, is a contentious issue and will be considered in due course. The law on obscenity is aimed at protecting those who come to it willingly, against moral harm, which the obscene article is said to threaten. It guards moral integrity or protects some public interest in maintaining moral standards in a way, which overrides personal freedoms. Consequently any expression that contravenes accepted standards of social morality is potentially subject to restrictions. Such restriction on peoples expression is justified by the ‘harm’ principle as developed by John Stuart Mills whereby expressive material may only be restricted/interfered with if can be shown to cause harm to others. However there are divergent views on what constitutes ‘harm.’ Some attribute the narrower definition, limiting it to physical or psychological harm that is scientifically evaluable. Others, instead of concentrating upon material harm are prepared to include moral and ideological 2005-06-01T02:56:20-04:00 http://75.150.148.189/free-essay/Obscenity,-Blasphemy,-and-Freedom-of-Expression-26813.aspx Legality of Same-Sex Marriages The proposed legalization of same-sex marriage is one of the most significant issues in contemporary American family law. Presently, it is one of the most vigorously advocated reforms discussed in law reviews, one of the most explosive political questions facing lawmakers, and one of the most provocative issues emerging before American courts. If same-sex marriage is legalized, it could be one of the most revolutionary policy decisions in the history of American family law. The potential consequences, positive or negative, for children, parents, same-sex couples, families, social structure public health, and the status of women are enormous. Given the importance of the issue, the value of comprehensive debate of the reasons for and against legalizing same-sex marriage should be obvious. Marriage is much more than merely a commitment to love one another. Aside from societal and religious conventions, marriage entails legally imposed financial responsibility and legally authorized financial benefits. Marriage provides automatic legal protections for the spouse, including medical visitation, succession of a deceased spouse's property, as well as pension and other rights. When two adults desire to "contract" in the eyes of the law, as well a perhaps promise in the eyes of the Lord and their friends and family, to be responsible for the obligations of marriage as well as to enjoy its benefits, should the law prohibit their request merely because they are of the same gender? I intend to prove that because of Article IV of the United States Constitution, there is no reason why the federal government nor any state government should restrict marriage to a predefined heterosexual relationship. Marriage has changed throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Societal change have been felt in marriages over the past 25 years as divorce rates have increased and have been integrated into even upper class families. Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America. The trend in western European nations during the past decade has been to increase legal aid to homosexual relations and has included marriage benefits to some same-sex couples. For example, within the past six years, 2005-05-27T04:52:34-04:00 http://75.150.148.189/free-essay/Legality-of-Same-Sex-Marriages-26752.aspx Chinese Law and Restrictions on the Number of Births [i:d4acef5311]But the Law Says You Can Only Have One Baby... [/i:d4acef5311] Imagine for a minute a newlywed woman. Who want more than anything to have a child maybe two maybe three, but in her country there are strict rules; she can have only one. So she and her husband apply to have that one precious baby, since they need the governments permission. She then get pregnant, 5 months down the road they find out that it is a girl. She is made to abort the baby. What are they going to do about it ? Nothing, because they have no choice. If this woman were real she would be living in China and her family would be controlled by the government and the one child policy. China's attempt at making the lives of their people better simply does nothing but put them in unnecessary pain. The law is cruel and unjust and should have never been put in affect. The one child policy was established in 1979, in an attempt to regulate the out of control population increase. In 1979, when the policy was adopted, the population in China was over 950 million people. Today, in the year 2000, the population has skyrocketed to over 1.3 billion people (Gilmore np ). China is extremely overcrowded and is continuing to grow.Statistics show China's population is growing at rate where they are eventually going to run out of places to house and feed their people. For many families in China the policy seemed to be a good decision. The government was doing this in the best interest of the people and with nothing but good intentions. The goal was to reduce the population increase by 5% by 1985, and to then move on and reach the goal of 0% increase by the year 2000 ( Maynard np). Though many viewed the policy as negative, the government tried to offer some incentives to following the new laws. For example, families in compliance with the policy were often given money, free health services, preferential housing, and better access to education opportunities. Birth control pills, condoms and other forms of contraception were made easily available, not only for birth control,but to help stop the spread of sexually transmitted diseases. Chinese executives attempted to make the policy seem socially acceptable and used fear as a deterrent to not 2005-05-19T03:28:41-04:00 http://75.150.148.189/free-essay/Chinese-Law-and-Restrictions-on-the-Number-of-Births-26679.aspx Fletcher vs. Peck In the case of Fletcher vs. Peck, the Yazoo land grants were on trial. One Georgia legislature had sold millions of acres to four separate companies at a price of two cents per acre. (Garraty 174). When the next legislature came into power, it was learned that many of those legislators that sold the land had been corrupt. The companies had sold land to many small farmers who had no idea that the land should not have been sold in the first place. When the grant was taken away by the Georgian legislature, the farmers looked to the Supreme Court. (Corwin 151). The Court could have easily decided not to hear the case. The whole land grant process had been corrupt, so the Georgian legislature had the right to take them away, but Marshall believed there was something more to this case. He decided that he would hear the case. Marshall declared the rescinding act void because it violated peoples rights, and went against the separation of powers. For Marshall, this explanation was simply not enough, so he turned to the Constitution to find something in writing to support his decision. He found his support in the contract clause. The problem Marshall had was that the contract clause was there to protect persons waiting for a contract to be carried out, a land grant is over and done with once the land is handed over. (Corwin 153). By using a very loose interpretation, Marshall stated that when something is granted, the granter is not expected to try and take back what he has been granted. In reality, the Constitution did not say this at all, but morally it made perfect sense. Marshall believed that there was a moral contract involved and that both parties should assume that the grant is permanent. By using a very broad interpretation of the Constitution Marshall made this moral contract a legal one. Marshall used his broad interpretation of the Constitution to strengthen the judicial branch. He used moral truths so that he could manipulate the Constitution however he felt necessary. The concept of judicial review was put into practice many times by Marshall to restrict state sovereignty and to protect the rights of individuals. At one time the Supreme court met only once or twice a year, but by this time, it was becoming a major power in the federal government, as it was supposed to 2005-03-20T23:48:44-04:00 http://75.150.148.189/free-essay/Fletcher-vs_-Peck-Case-Description-and-Analysis-26385.aspx The Tale of the DNA Our criminal justice system is best described as a search for the truth. Increasingly, the forensic use of DNA technology is an important ally in that search. The development of DNA technology furthers the search for truth by helping police and prosecutors in the fight against violent crime. Through the use of DNA evidence, prosecutors are often able to conclusively establish the guilt of a defendant. DNA evidence offers prosecutors important new tools for the identification and apprehension of some of the most violent perpetrators, particularly in cases of sexual assault. DNA aids the search for exonerating the innocent. Lets take Dennis Fritz for instance. As mentioned in the article, Innocent, After Proven Guilty by Adam Cohen in the TIME magazine, Fritz was an average father from Oklahoma who led a normal life as a single parent raising his thirteen-year-old daughter. He made a living teaching science to Junior High School students at the time he was convicted of raping and murdering his neighbor, twenty-one-year old Debra Sue Carter. The evidence against Fritz was vague. "He had no eyewitnesses, no evidence linking him to the victim and no credible evidence linking him to the crime scene." But he was misjudged by the odds. What he didn't realize is there were other players working against him and found himself in a situation where he had everything to lose, "…a convicted criminal, wasting away in jail with little hope of ever proving his innocence." Ron Williamson, Fritz co-defendant, was days away from being executed and put to death. He was retried due to a small technicality. Prosecutors then decided to do DNA test on both Fritz and Williamson of semen and hair found at the crime scene. As a result, the DNA proved them both innocent. Stupidity is not a capital offence in the American justice system. So why are they making so many mistakes? This is when it should work to separate the innocent from the real dangers to society. When it failed for Fritz and Williamson what they got was twelve-years of punishment for someone else ignorance. Also mentioned in the article, a man by the name of Vincent Jenkins was wrongfully convicted of the rape of a Buffalo, N.Y. woman and served seventeen-years in prison was just released after DNA test had proven him otherwise. Tim Durham, convicted for the rape of an eleven-year-old girl, 2004-12-29T06:55:07-05:00 http://75.150.148.189/free-essay/DNA-in-the-Criminal-Justice-System-as-Evidence-26094.aspx There are some 30,374 lay magistrates in England and Wales, 15,858 men and 14,516 women, appointed by the Lord Chancellor or the Chancellor of the Duchy of Lancaster, in the name of the Crown. Magistrates are ordinary members of the community who sit in the Magistrates' Courts and who dispense justice at the lowest level of the English court system. They are unpaid for what they do and therefore are not servants of the Crown. This supports their position of impartiality between the Crown and the public whom they serve. English lay magistrates are not learned in the law - they do not hold legal qualifications, nor have they formally studied law to any level other than that which they may have done at school. There may be some exceptions - there are legal professionals who are also lay magistrates - but the vast majorities are just ordinary members of the public. They do, however, undergo a vast amount of training so that they can perform their judicial functions correctly and within the law. There are three Magistrates (also known as justices of peace) who make decisions in court. Only one magistrate has very limited powers e.g. warrants. Magistrates take part in summery trials, committal proceedings, and ancillary matters e.g. issuing warrants, bail applications, and youth court and family court. Cases heard in the Magistrates' Court are termed summary cases and are, supposedly, to be dealt with quickly with summary justice. These tend to be the simple, petty crimes of everyday existence. The Magistrates' Court used to be known as Petty Sessions. For more serious crimes the accused is charged on indictment and sent to the Crown Court to be tried there. In between summary and indictable offences there are a whole range of offences that are termed either-way offences. These are offences that vary in their seriousness. The best example of an either-way offence is theft. These offences can either be tried summarily by the magistrates or sent up to the Crown Court. The process of deciding where an either-way offence will be heard starts with what is known as Plea Before Venue. The accused is asked to indicate whether he will plead guilty or not guilty. If he indicates he will plead guilty, then the magistrates immediately accept the case and try it as if it were from the start a summary offence. There then follows what is 2004-07-05T22:59:20-04:00 http://75.150.148.189/free-essay/Describe-the-Role-and-Power-of-Magistrates-25532.aspx Federal Court The jurisdiction of the federal courts is defined in Article III, Section 2, of the Constitution, as extending in law and equity to all cases arising under the Constitution and federal legislation; to controversies to which the U.S. shall be a party, including those arising from treaties with other governments; to admiralty and maritime cases; to controversies between states; to controversies between a state, or its citizens, and foreign governments or their subjects; and to controversies between the citizens of one state and citizens of another state. The federal courts were also originally invested with jurisdiction over controversies between citizens of one state and the government of another state; the 11th Amendment (ratified February 7, 1795), however, removed from federal jurisdiction those cases in which the citizens of one state were plaintiffs and the government of another state was the defendant. The amendment did not disturb the jurisdiction of the federal courts in cases in which a state government is a plaintiff and a citizen of another state, the defendant. Federal courts have exclusive jurisdiction in patent and copyright cases; and by congressional enactment in 1898, federal courts were vested with original jurisdiction in bankruptcy cases. The courts established under the powers granted by Article III, Sections 1 and 2, of the Constitution are known as constitutional courts. Judges of constitutional courts are appointed for life by the president with the approval of the Senate. These courts are the district courts, tribunals of general original jurisdiction; the courts of appeals (before 1948, circuit courts of appeals), exercising appellate jurisdiction over the district courts; and the Supreme Court. A district court functions in each of the more than 90 federal judicial districts and in the District of Columbia. A court of appeals functions in each of the 11 federal judicial circuits and in the District of Columbia; there is also a more specialized court with nationwide jurisdiction known as the court of appeals for the federal circuit. The federal district court and the court of appeals of the District of Columbia perform functions discharged in the states by state courts. All lower federal courts operate under uniform rules of procedure promulgated by the Supreme Court. The Supreme Court is the highest appellate tribunal in the country and is a court of original jurisdiction according to the Constitution “in all cases affecting Ambassadors, other public ministers and Consuls, and those in which a 2004-06-10T04:41:27-04:00 http://75.150.148.189/free-essay/America-s-Court-System-25096.aspx