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A good example of this can been seen between New South Wales and Queensland, where two different pieces of legislation would set the standards for the process to include: uilding and Construction Industry Security of Payment Act 1999 (for New South Wales) and uilding and Construction Industry Security of Payment Act 2002 (for Queensland). This proved problematic, because parties could go through the adjudication process and if they lose, they could begin arbitration; effectively avoiding the adjudication penalties. To rectify this situation, New South Wales required that all losers in adjudication must pay all awards to the plaintiff (in a 2002 amendment). Queensland implemented a similar provision in 2007. This helped to increase the overall effectiveness of adjudication being used to settle a variety of disputes, in the construction industry. esides the obvious differences of regional autonomy, the Australian model differs from the UK model based on the overall days…… [Read More]
There is also a procedure for appeal that the recipient can follow in the event that the outcome of the hearing is undesirable or inconclusive.
Adjudication orders issued without a hearing, except in cases specifically provided, are invalid. The recipient of the order has a right to both a hearing and an appeal. uch an order is furthermore invalid when statutory requirements are not followed in terms of notice to all parties involved and prior hearing. If an agency fails in this way, it is required to assert error in a court of common pleas.
In summary, in the case of revoking a license, an agency is required to observe all legal regulations, as well as the rights of all interested parties. Adjudication hearings also have specific requirements and formats that need to be observed in order to validate the outcome to the satisfaction of all involved parties.
Bender,…… [Read More]
Fourth Amendment states that law enforcement officers need to receive permission from a legal authority in order to be able to look for evidence or seize objects that might contribute to providing information concerning a criminal act. The context of the amendment and the process of incorporation mean that it can only protect individuals when government officials are involved. It does not protect people in a situation concerning private individuals and this generates much confusion with regard to the degree to which a warrant can affect a person.
The Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no arrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
A law enforcement officer needs…… [Read More]
The structure and platform on which the legal system is based upon is very important in understanding the total landscape of how justice is carried out within the confines of the government. The purpose of this essay is to explore the inner workings of both the federal and state court systems and highlight their similarities and differences. Also, this essay will investigate the roles of court administrators in the different types of functions that a court serves. A investigation into the state of Colorado and its court structure will also be presented to help give a practical example of the court system. Finally, the essay will address quasi-judicial bodies and their impact on the courts and legal system.
The Basis for Authority
The United States Courts Government Website (n.d.), details a comprehensive overview of the basis of America's court system. The United States Constitution is understood to be…… [Read More]
To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being private; it is dependent upon the sensitivity and overall impact of the issue at hand.
3. ources: Hunold, C. And B. Peters. (2004). "Bureaucratic Discretion and Deliverative Democracy." Transformation in Governance. IGI Publishing; Holzer, M. And K. Yang. (April 1, 2005). "Administrative Discretion in a Turbulent Time: An Introduction. Public Administration Quarterly. Cited in: www.highbeamresearch.com.
4. How does a cost-benefit analysis used in the determination of due process?
Using, for example, Miranda v Arizona, a cost-benefit analysis is used to determine due-process in the sense of the decision's impact on law enforcement and the community needs to be taken into consideration before a ruling of using Miranda, 5th Amendment Rights, and basic procedures. The Rehnquist Court's decision in the idea of cost-benefit,…… [Read More]
Competency to Stand Trial
DRAWING THE LINE
At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads guilty, waives certain constitutional rights, at sentencing hearing or when administering punishment, including capital punishment. Either the defense or prosecution or the court itself may raise the issue, even if the defendant himself objects to it. ut mental illness alone, even schizophrenia, does not automatically produce a finding of incompetence. Rather, it is based on the degree of functional damage produced by the illness. Two conditions must be satisfied in order to be adjudged incompetent to stand trial. It focuses on the defendant's mental state during trial. It is differentiated from the legal insanity defense, which is based on the defendant's mental state at the time of the…… [Read More]
U.S. Justice System vs. India's Justice System
This paper compares the system of justice in India with the system of justice in the United States. Although they are both democracies -- in fact India is the biggest democratic country in the world -- the two countries are quite different in their approach to formal justice. Moreover, the system of justice in India has been the subject of a great deal of criticism in recent years due to the corruption that has been found in the system.
Comparing the U.S. And Indian Justice Systems
The legal system in India is backed by the Indian Constitution and is a mix of "adversarial and accusatorial," according to the Loyola University in Chicago (LU). There is an attempt to respect both Hindu and Muslim jurisprudence and to "preserve the timeworn tenets of both" (LU). In rural areas of India, an informal system of justice…… [Read More]
Forbes Magazine entitled, "In the Pill Box" discusses Walgreen's Drugstore and the challenge that it faces from Pharmacy Benefit Managers (PBM). The article begins by informing the reader of the astronomical growth of the Walgreen's company. The author explains that the company's stock has risen by 3,000% in the past 20 years and that the store plans to have over 7,000 stores by 2010. (Lambert) The article also asserts that the same-store sales increased by 9% in fiscal 2003. (Lambert)
The author contends that although the company is extremely success, there is a threat on the horizon. This threat comes in the form of Pharmacy Benefit Managers who show health organizations and employers how to make prescriptions drugs more cost effective. The article explains that PBM's often encourage these organizations to persuade patients to get long-term prescriptions through the mail instead of going to a pharmacy. Mail order pharmaceuticals are…… [Read More]
There is no question, however, that immigration issues will remain in the forefront of our national policy debates.
Deportation Factors and Crimes Involving Moral Turpitude
Research indicates that since the late 1980s, Congress had been tightening the substantive provisions of the immigration laws, to make it far less likely that a convicted criminal alien can find a way to be relieved of expulsion. For many years the basic statutory pattern was that a crime involving moral turpitude rendered a person deportable, if it was committed less than five years after the person's entry and resulted in a sentence of one year or more confinement. A later-committed crime or one that drew a lighter sentence did not result in deportation. If the person committed two such crimes that were not part of a single criminal scheme, they could render the person deportable no matter when they were committed. A drug offense…… [Read More]
This is because of the history of fraud associated with EB-5 applications and the very narrow eligibility criteria. "In fact, some lawyers encourage their clients to use their wealth to fit themselves into another category with a greater chance of success. For example by investing in a company outside the U.S. that has a U.S. affiliate, the person might qualify to immigrate as a transferring executive or manager." (Bray, p. 250)
The problems that people had been having with EB-5 in the 90s did not vanish with the amendments in the law. Literature review indicates that even after the changes in 2002 and 2005, EB-5 continues to perform poorly as people seek other avenues to get LP status in the U.S.
Despite the initial enthusiasm and expectations, the EB-5 visa has not seen equally enthusiastic participation. Since its inception in 1992, the program has not even been able…… [Read More]
Promoting the understanding of cultural differences is crucial, because a large number of child abuse and neglect cases involve allegations against minorities.
As a result, in some areas a psychologist may interview the involved caregivers and children to help the courts decide whether parents have behaved abusively and to determine their children's placement. However, sometimes the psychologists' unfamiliarity with a culture leads to unfair decisions. In some Hispanic cultures, for example, parents may not be socialized to express anger directly. Sometimes a child's action may cause that repressed anger to erupt. In such instances, parents may need training in anger management and discipline, instead of a prison sentence and denied access to children.
Because of this situation, the American Psychology Association offers assessment standards for culturally varied populations:
Learn about the culture of the person being assessing. Consult with others who know the culture because there is not always literature…… [Read More]
Criminal Justice System
After heavy bombardment on London by fighter plans of Germany in Second World War, someone asked Winston Churchill that would ritain live long! Churchill replied immediately that if our courts are providing justice then there is no question about existence of ritain, which they are. Similarly, in World War 1 and World War 2 where Jews were brutally killed by Nazis then some of the Jews got refuge in America. Americans do not have discrimination for any community at that time and famous scientist Einstein was one of them, which proved its worth. Provision of justice for every community is very important for any society, so it is for ritain. From last few years' lot of questions have been raised on criminal Judiciary system in ritain.
Shami chakrabarti (Director of liberty) says
efore you decide whether the system is fit for purpose, you have to decide what…… [Read More]
More importantly, because the system needs to be perceived as fair, employee's opinions must be taken into account. e are not putting this system into place to be punitive, but rather to protect the interests of all of the employees.
It is believed that the system of inquiry will have a strongly positive effect on the organization. Verizon has long had some form of ethical code, but with the new code coming into effect in 2008 and the introduction of a system of inquiry, the firm is demonstrating strong ethical values. These are the values shared by most of the employees already. hat the code and system do within the company is to formalize the values that most employees already have. It improves the perception of fairness and presents a unified view of ethical issues throughout the firm.
This also will have strong impacts outside the organization. In an era…… [Read More]
" (Coleman, 2003)
Coleman states that by the very nature of international disputes and the states desiring to protect their national interest results in "all international disputes" becoming "inevitably political in nature..." (Coleman, 2003) Variation is noted in the 'degree of political volatility' that will exist and notes as well that "just how political a dispute will be extremely subjective." (Coleman, 2003) the dependent factors are stated to within a matrix of diverse factors affecting national interest and includes but is not limited to:
1) External economic pressures;
2) Domestic needs; and 3) National pride and prestige. (Coleman, 2003)
Coleman states that the suitability and capacity of the International Court of Justice has been questioned in regards to it 'comprehending and considering "...highly political matters or 'non-justiciable' issues." (Coleman, 2003) One example given is that of the "weapons embargo put in place by the Security Council during the conflict in…… [Read More]
individuals who suffer or are harmed by juvenile crime have, in the past, been excluded or minimally involved in the adjudication (specifically the sentencing) of their cases for reasons of confidentiality rights accorded to accused juvenile offenders. However, this trend in recent years has changed. As the public has become more aware of the frequency and effects of juvenile crime, there has been a call from the citizenry to develop policies and practices that will not only prosecute those juveniles who have committed offences, but to include those who have been victimised in the court procedures. This move towards the establishment of victims' rights has made a fundamental modification to the juvenile justice system - victims are no longer viewed as passive onlookers, but involved participants in the system.
According to a joint project commissioned by the National Council of Juvenile and Family Court Judges and the U.S. Department of…… [Read More]
In addition to a lightened burden of proof and broader definition there were two additional changes resulting from the amendment which served to positively affect the impact and ultimate effectiveness of the legislation. This amendment clarified the fact that judges are not allowed to assess possible mitigating factors such as medication, corrective surgery, or specialized equipment in the determination of whether or not an individual is disabled. This change is directly related to the Sutton case. Further the amendments clarified the definition of major life activities. This amendment relates directly to the Williams case in which a judge deemed that Carpal Tunnel wasn't in fact a significant impairment to major life activities, it merely precluded her from successfully completing specific tasks in the work place. Though the language of the Act is still quite ambiguous, these changes help to clarify and protect the intention of the act.
Exceptions…… [Read More]
The four main processes of alternative dispute resolution are negotiation, mediation, arbitration and collaboration. Negotiation involves the two parties working out a solution based on the give-and-take dynamics of negotiation. ith mediation, the two parties hire a mediator. The mediator plays an independent role in trying to find ways to bring the two sides together, preferably without acting as a formal adjudicator. Arbitration is a process whereby an arbiter determines the outcome. The arbitration process is less formal than adjudication and can be used in a number of ways. It can be used, for example, if the parties agree that damage has been done but cannot agree on the reparations. The collaboration process involves the parties laying out ground rules, agreeing to deal with the issue in good faith, and generally work together to solve the common issue.
No author. (2007). Alternative Dispute Resolution. Department of Transportation. Retrieved…… [Read More]
value of the traditional managerial approach to public administration?
Providing for political representation in public administration
Which of the following best describes "externalities"?
They are profits
They are always in the public interests
They are costs absorbed by the manufacturers of products
They are created by economic activities but not accounted for in market transactions
The judiciary's power to dispense with the harsh application of law is known as:
Comprehensively provides for federal and state administration
Comprehensively provides for federal administration
c. Contains no provisions for public administration
None of the above
Which of the following is not associated with the traditional managerial approach to public administration?
a. Max Weber
b. Paul Appleby
c. Woodrow Wilson
d. Frederick Taylor
6. Public Administration resembles private management in that:
a. It is profit-seeking
b. It regulates the public at large
c. It provides services…… [Read More]
RE: APPLICATION FOR LEGAL ASSISTANT POSITION
Dea Judge Smith:
This lette epesents my application to you hono fo the position of legal assistant which you have stated though the State and County publications is open and needs to be filled. I come with excellent qualifications as pe my educational attainment and my educational achievement and commitment. I have attended Cumbeland School of Law and while I have not yet gaduated, I am in my final yea of law school.
I have genuine love and inteest fo the law and the legal secto of ou society because the law is eve-changing and this makes it vey inteesting as I follow the changes and shifts in the laws of ou county and this state. Indeed it is these changes that initially attacted me to this field of study as I have always been inteested in the legal pocess and since…… [Read More]
policy, law and management. It is based on a particular background that has been provided.
Law, Policy, and Management Brief: Models of Court-Agency Interaction
Courts play a very significant role as they interact with administrative agencies. Administrative agencies are beyond the influence of the technical processes that are applied in courts of trial. The rules that are used in court trials are not applicable in the proceedings of agencies. Moreover, agencies also have the power to outline the rules that will govern the proceedings of the agency when there is no statutory provision. The agencies have been given broad discretion when it comes to creating rules to govern proceeding (Administrative Agency Adjudications - Administrative Law).
However, the agencies do not have the power to act like the legislature when creating procedural rules. The jurisdiction of agencies is the power that the law gives them to make judgment in controversies. In…… [Read More]
If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.
Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.
The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.
If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.
If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.
However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.
If the…… [Read More]
At one point he confronts the gangster Godfrey, saying "I've come to talk to you about the madness"
I think the primary motivation for Rio's family not to call the police was a combination of not trusting the police, and not wanting to start a battle that could end up in a full scale gang war. I think the families were trying to be supportive overall, even though Ricky's mother kicked him out of the house.
According to Families Helping Families "All children, including those with mental, emotional, or behavioral problems, continuously require the support of their parents, siblings, and other family members. The family's culture and values provide the context in which the child develops and influences the way the child thinks, feels, acts, and responds to the world." Definitely, support and looking out for "their own" is a huge part of the urban community, however I believe in…… [Read More]
The chambers approach may be more suitable for states that seek a quick resolution to a particular dispute or for other compelling reasons; however, like the full Court, these alternatives are likewise voluntary in nature and require the consent of the disputants to have the case heard by one of the three foregoing chamber types. According to the Court's published information concerning "Chambers and Committees" (2009), "Despite the advantages that chambers can offer in certain cases, under the terms of the Statute their use remains exceptional. Their formation requires the consent of the parties. While, to date, no case has been heard by either of the first two types of chamber, by contrast there have been six cases dealt with by ad hoc chambers."
Given the significant representation by most of the countries of the world in the UN, the UCJ has the capability to provide a valuable forum in…… [Read More]
The problem of determining the right approach is compounded by the effects of the culture of violence to which many young offenders are exposed. In some cases, it is possible to reform their behavior but in other cases, juvenile offenders already take on the hardened attitude normally associated with adult offenders. As a result, some juveniles are too far gone to reach through non-punitive methods by the time they reach high school age.
In terms of the protections afforded by American due process principles, those principles are essential to the fair administration of criminal justice and they provide a much more fair judicial system than those of most other countries (Dershowitz 2002).
However, in terms of the distinction between due process with respect to suspending concepts of guilt in crimes perpetrated by juveniles, the strict application of punitive sentences for criminal conduct may sometimes be more appropriate. Certainly, there are…… [Read More]
The actual court proceedings in a juvenile court consist of the arrest procedure, search and seizure, and custodial interrogation (Calderon 2006). The concept has been that the delinquent is a child rather than a criminal. Hence, rehabilitation rather than punishment is the court and the system's goal. ut the major aspects of the juvenile justice system continue to hound its supporters. One is the cause of serious juvenile crime. Another is that young offenders need to be rehabilitated under a surrogate entity of the parens patriae concept. Another is a recent redefinition of young violent offenders as adults and their transfer to adult courts and the criminal or adult justice system. There has been increasing belief that they pose a serious and genuine threat to the safety of other young people and the community as a whole. An increase in serious juvenile crimes warrants more severe punishment. ut moving them…… [Read More]
("Home Confinement / Electronic Monitoring," n. d.)
House arrest or home confinement started as a program to handle particularly as a sentencing substitute meant for drunk drivers, but rapidly spread over to a number of other offender populations in a lot of jurisdictions. Depending on the nature of crime committed by the offenders, home confinement has been designed with various degrees of stages of restrictions. These can vary from ordinary curfews to complete confinement. For instance, the home confinement program of the Federal courts extends three separate levels of restrictions under the U.S. Probation and Pretrial Services, 2000. Under the first level ie., curfew, it requires the program participants to stay at home daily during certain time periods. Under the second level house arrest it requires on the part of the participants to stay at home round the clock save for attending to work, school, treatment etc. which must be…… [Read More]
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…… [Read More]
Justice and Court Administration
Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of court management, with issues such as the deepening ethnic diversity of encountered populations and shifting ideas about victims' rights playing defining roles in the tasks before any given court. The discussion here on language interpretation services and the timeline in the evolution of victims' rights are offered within the context of court administration.
Language Interpretation Services:
It is often the case that courts will find themselves burdened with the task of wading through the details of officer-defendant confrontations…… [Read More]
Medical Death Investigative Systems
Past and Present Systems
Death investigation of some sort has existed in all countries for centuries, but not always performed by medical professionals (Committee, 2003 as qtd in Moldovan, 2008). The link between law and medicine traces back to the ancient Egyptian culture in 3000 .C. This was followed by the English coroner system in around the 12th century. The 194 Articles of Eyre first used the term "coroner" by the English until brought by the first colonists to the New World, America as basis for a legal investigative function. A medical examiner replaced the coroner system in 1890 then functioning in altimore. A medical examiner is a trained medical specialist in pathology. The field of death investigation became more and more sophisticated in cities and States, like New York. The Office of the Medical Examiner was established in 1918. Its main…… [Read More]
Jails and Prisons
The general characteristics of prisons and jails are almost the same though they are considered as different entities in the criminal justice system. The main difference them is that whereas a prison holds convicted offenders who have sentences that are mostly beyond one year, offenders are locked in a jail either holding awaiting transportation to prison units or serving short-term sentences usually ranging from a few days to a year (Gaines and Miller, 2006). With reference to the United States of America criminal justice system the other difference is that prisons are under the jurisdiction of either federal or state while jails are controlled and used by local jurisdictions such as counties and cities. Due to the period of time that offenders take and the life they live in prisons, prisons have been considered to be total institutions. "A total institution can be defined as a place…… [Read More]
Irish Social Policy
The global recession came along with many negative effects to may countries in the world. Coupled with the terror attacks, the global fear increased even more and the situation became worse and worse for asylum seekers in the Western countries. Ireland consequently found itself in a situation that made it awkward for the refugees and other asylum seekers who run there for shelter. The asylum seekers and the refugees found themselves deprived of many basic human provisions and rights that every individual should be allowed to enjoy.
Inequalities of Irish policy
The policies in Ireland are very detrimental to the refugees. For instance with introduction of the Direct Provision policy the adult asylum seekers were entitled to an allowance of €19.10 per week, children €9.60 which are way below what the average Irish earns and is barely enough for any tangible provision for an individual leave alone…… [Read More]
Judiciary Branch of Government in the United Kingdom
The Judiciary Branch of Government
Structure of the U.S. And UK Judiciary Branch
A Comparative Case Study
The structure of the judiciary branch of the government in the United States and the United Kingdom are quite different and the student which studies judiciary structure will readily agree with the statement of fact that textbooks in relation to the American government and politics pay substantial attention to the role of the judiciary; many textbooks on the government and politics of the United Kingdom have -- at least until recently -- virtually ignored the role of judges in the UK which leaves one asking exactly why that this is the case. . The purpose of this work is to research and examine the lack of information and attention to the role and function of the judicial branch of the UK government and to compare…… [Read More]
Figue 1. Demogaphic composition of the United States (2003 estimate).
Souce: Based on tabula data in Wold Factbook, 2007 (no sepaate listing is maintained fo Hispanics).
Fom a stictly pecentage pespective, it would seem that Asian-Ameicans do not epesent much of a theat at all to mainsteam Ameican society, but these mee numbes do not tell the whole stoy of couse. Fo one thing, Asian-Ameicans ae one of the most divese and fastest gowing goups in the United States today (Hong, Kim & Wolfe, 2005). Accoding to Alvaez and Kimua (2001), studies have documented time and again that, consistent with thei histoical teatment, Asian-Ameicans continue to be the tagets of acially motivated popety vandalism, vebal haassment, theft, physical assaults, and in some instances, homicide; futhemoe, othe studies have confimed that a pesistent patten diving anti-Asian violence is the peception of Asian-Ameicans as foeignes who pesent an economic, academic, social, and/o…… [Read More]
However, the prosecutor is not the only person who can seek a transfer. Juvenile court judges can also begin transfer proceedings (Michon, 2012). Furthermore, in some states there are automatic transfer laws, which require that juveniles over a certain age be tried as adults when they commit specific crimes, usually violent crimes like rape or murder. In states without automatic transfer laws, the defendant is entitled to a hearing prior to being transferred. At this hearing, which is known as the waiver hearing, fitness hearing, or certification hearing, the prosecutor has to show probable cause that the defendant committed the crime (Michon, 2012).
Establishing probable cause is only the first step in the waiver process. Once probable cause is established, it becomes the court's duty to determine whether the juvenile is likely to be rehabilitated. This is the most difficult part of the determination because it involves predicting the future…… [Read More]
Federal and State Court Systems in George
The federal and state court system in the United States is tasked with providing timely adjudication of all cases within their jurisdiction. Each of the several states, including Georgia, is part of a larger federal system of district courts and courts of appeal, and their courts have their state-level counterparts, each of which is responsible for hearing cases of certain types. To determine which courts are responsible for what in the State of Georgia today, this paper provides a review of the relevant literature, followed by a summary of the research and important findings concerning the federal and state court systems in place in Georgia today in the conclusion.
eview and Analysis
The Federal Court Structure in the Southern District of Georgia
The U.S. Courts of Appeals for the Eleventh District for the Southern District form part of the overall adjudicative coverage of…… [Read More]
isk and Insurance Management
isk is believed to be a newly coined word of assurance (for example, Ewald, 1991: 198). One of the broadly shared suppositions regarding insurance is that it spins around an instrumental concept of risk. Possibility and the amount of influence make up a technical concept of hazard/risk and hazard administration is chiefly worried about reviewing these possibilities and influences (for an overview see Gratt, 1987). For instance, external profits of financial or political occurrences lay down thresholds for the availability of associated risk guesstimates or reckonings (Huber, 2002).
So, the range of the risk groups cannot be clarified by risk judgment single-handedly; peripheral circumstances that could be political, financial or inclusive of image, arts and manners, are also required to be taken into account. Therefore, if risks are not be present, per se, but are deliberately selected, we can go a step ahead and presume them…… [Read More]
Insanity evaluations represent the most challenging forensic assessments in the criminal domain" (ogers, 2008, p.126). This is due to the fact that insanity evaluations require the psychologist to assess whether a defendant had a mental illness at the time that an offense was committed, and, whether that mental illness was related to the commission of the crime in a way that would make the defendant "insane" under applicable state laws. First, whether or not the defendant is presenting as mentally ill at the time of the assessment is often not relevant to the assessment; most defendants, processed and in the jail system, have access to medications and treatment that they may have lacked at the time of the crime. Therefore, it is important to realize that a defendant's competency to stand trial is a different issue than whether a defendant is not guilty by reason of insanity. If a defendant…… [Read More]
eforming the Juvenile Justice System: In Search of Justice and Accountability
While the overall crime rate has steadily decreased over the last decade throughout the country, there is one segment of crime that has been increasing: criminal offences committed by juveniles (National Criminal Justice eference Service: 2002). In the last 15 years, according to the Federal Bureau of Investigation, the incidence of criminal offences committed by juveniles (under the age of 15) increased 94%. While a number of these juveniles were convicted of committing petty crimes such as vandalism and theft, there has been a significant increase in the number of serious juvenile offences such as robberies, weapons offences, assaults, and murders. However, there is something that is not quantitatively measured in these crime statistics -- the increasing brutality and ruthlessness of the crimes committed by juvenile offenders. Over the last two decades, we have seen an increasing string of…… [Read More]
Plato and Kant
Plato's life span was between 427 BC and 347 BC. As a youth Plato possessed political visions, but he turned out disenchanted by the political authority of the city of Athens. He slowly turned out a follower of Socrates, adhering to his fundamental theory and conversational pattern of argument: the pursuance of virtue through inspection, results and additional inspection. The self-explanatory custom is one-minded in its inspection that Plato undertook many attires of poetry as a youth, only in the later point of life resorting to philosophy. Plato's chief donation was to philosophy, mathematics and science. Anyhow, it is not as yielding as one might anticipate envisaging Plato's philosophical visions. The cause for this is that Plato penned down no meticulous treatise providing his visions, rather he penned down innumerous conversations which are written in the form of debates. Plato enhanced his visions from within and implemented…… [Read More]
Alternative Dispute esolutions and Their Important ole in Expanding the Judiciary Process for the Public
Alternative dispute resolutions (ADs) can come in a variety of forms, such as arbitration, mediation, case conferencing, neutral evaluation, parenting coordination, summary jury trials, or collaborative family law. Such procedures typically require less formality and occur in a more confidential setting. In such manner, the participants can bypass the court room, save money, and move more rapidly to a settlement without resorting to the process of litigation.
Arbitration is an AD process in which an arbitrator who is a neutral third party hears the arguments from the two disagreeing parties. The two sides may present their arguments and their evidence before the arbitrator, who listens and then determines the outcome. The process is much more informal than a trial. For one, there is no jury, and presenting evidence is not as strict a process as…… [Read More]
Limitations of the Research or Gaps
A Critical Analysis of the usiness Judgement Rule under the Australian Corporation Law
There have been many large businesses which have collapsed unexpectedly to cause irreparable damage to the investors worldwide in recent years. The most recent and larger cases are those of the fall of the mighty U.S.-based Enron International and the Australian firm, HIH Insurance. These cases shook the faith of the stakeholders in the ability and the intention of the directors who were in charge of the operation of these enterprises. These cases have also made it harder for the directors to negate the fiduciary duty imposed upon them by the law. For instance, according to the 1997 Directors' Duties and Corporate Governance prepared by the Commonwealth of Australia, 'There has been increasing debate in Australia about the standard of corporate governance, particularly in light of the experiences of the late…… [Read More]
If there is ever a case where the courts cannot determine what the original intention of the parties was, the country with the most logical connection to the contract is often chosen as the country of law for deciding the dispute. The place of performance of the contractual duties; the place of residence of the contractual parties; the nature of the subject matter of the contract -- all of these have been used to decide contract jurisdiction.
Torts -- wrongs done to others -- are the domain of civil law. s with contracts, there is a "proper law of the tort," which country has the most significant relationship with the event or the parties. The law of that country applies. Therefore, the place where the wrong occurs is usually which law applies. This is similar to the way tort cases work in the United States. The state in which…… [Read More]
The fact that industrial control systems may be vulnerable to infiltration by other citizens, or international parties puts laws pertaining to intersection of systems transmission at the forefront of priorities for us all.
At present, telecommunications interference of private citizens holds an up to a five-year prison sentence by U.S. federal law. How cyberterrorism is addressed, when the stakes are heightened, leaves a whole host of opportunities for citizens, and legislators to voice their opinion as new technologies for privacy invasion come on the market.
Every ISP access point imaginable is cited within the literature on cyberterrorism, including direct access networks, maintenance of dial-up modems, and of course the internet, remote systems architectures. Exponential information like SCADA systems create an incredibly vulnerable area for hackers interested in "knowledge sharing" network data toward sabotage of industrial operations and state military interests. DHS strategic responsibilities take care of the broad brush stroke…… [Read More]
This chapter is completed with further information on a legal analysis in chapter 12, which discusses the organization of the results of the research. The Honigsberg Grid is amply described as a useful instrument in such an organization.
Chapter 13 presents directions as to how a memorandum of law should be written, as well as some of its most important characteristics, notably the fact that this needs to be an objective piece of writing and has to follow a particular format. The chapter also provides a sample of such a memorandum. The notions presented in this chapter are completed in the subsequent chapter, which refers to writing a memorandum of points and authorities.
Finally, chapter 15 refers to how an opinion or client letter is written. The opinion letter is the formal way in which attorneys inform clients about certain legal aspects. As a formal instrument, such a letter has…… [Read More]
As Hampton (1997) points out, "By using this argument, awls hopes to persuade readers that he has good reasons for commending his theory as correct, without relying on undefended or ill-defined intuitions" (p. 140).
But is his theory really "correct?" Is it even conceivable to apply awls' principles of egalitarianism to a society in which competition is rampant and 'status' is the permanent engraving on the proverbial brass ring? Moreover, in this increasingly globally connected world, could awls' theory of justice be conceivably functional on an international level? Taking into consideration the idealistic nature of awls' suppositions, combined with the complex list of criteria that would need to be fulfilled in order for his vision to take shape, I would have deny the applicability of awls' philosophies to the 21st century. It is possible that his principles may have worked in the small villages of Colonial New England where communities…… [Read More]
This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.
4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.
5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]
Successful achievement of program requirements will often lead to a dropping or reduction of the charges while failure may bring back or enhance the penalties that are involved. Charges dismissed because of a diversion program will still lead to additional criminal history points under the U.S. Sentencing Guidelines if there was a finding of guilt by a court or the defendant pleaded guilty or otherwise admitted guilt in open court, provided that the deferred disposition was not a juvenile matter (Diversion Programs: An Overview, 1999).
Alternative to Incarceration Programs (ATIs) are part of the mix of factors that have allowed the City to reduce crime, reduce jail and prison populations, and help individuals and neighborhoods across the City. As an alternative to sentencing someone to jail or prison, ATIs permit a judge to sentence someone to a program where they obtain treatment, education and employment training in the community,…… [Read More]
Best Ethical Approaches and Alternatives
Frankly, the Satyam case is not one that requires splitting the proverbial hairs sometimes associated with more complex ethical analyses. Virtually every known ethical system other than egoism would condemn aju's conduct (osenstand, 2008; Shaw & Barry, 2007). Unfortunately, the magnitude of the harm caused and the vast numbers of individuals detrimentally affected by aju's subterfuge absolutely defies any conceivable ethical solution that relies on restitution or compensation to the victims.
In the Satyam case, aju would not benefit from any of the ethical systems considered. Act utilitarian ethical analysis would condemn aju's actions simply by virtue of their consequences on the countless victims of his conduct. ights-based ethical analysis would reach the same conclusion regardless of whether the system relies on objective or conventional ethical rules. Justice-based ethics would condemn aju's conduct because it violated both objective ethical principles and the formal rules governing…… [Read More]
He is committed to the adjudication of his guilt or innocence exclusively through rational arguments grounded in truth and the logical validity of the arguments themselves.
Epistemologically, Socrates believed that all of us are born with comprehensive knowledge of everything within us and that what we refer to as "knowledge" is merely the Recollection of what we already knew when our souls lived in reality. Socrates differentiates philosophers from non-philosophers by virtue the commitment of the former to perceiving the facts of reality and limiting their mental processes to logical and rational argument instead of subjective (or otherwise limited) perceptions such as those illustrated by the Cave allegory. According to Socrates, art is merely a copy (or a copy of a copy) of reality with which philosophers ought not to concern themselves.
In principle, Socrates would argue against the position that beauty is in the eye of the…… [Read More]
Moreover, it is not necessarily even clear that capital punishment through humane means is worse than life imprisonment without the possibility of parole. The many prisoners who choose not to appeal their capital sentences and (especially) those who purposely commit capital offences while incarcerated for the express purpose of qualifying for capital punishment provide evidence that life imprisonment may be comparable in "harshness" to the death penalty.
With respect to the issue of mistaken prosecution, that represents a completely valid concern; to the extent capital punishment is justified in principle, it must be applied through procedures that preclude erroneous sentences. However, that is not a valid objection where evidence of guilt in uncontroverted. Likewise, both the general moral obligation and the U.S. Constitution require that execution of capital sentences not involve unnecessary or prolonged physical suffering. At law, that issue has long-been decided by the U.S. Supreme Court, which specifically…… [Read More]
The 22-item clinical instrument that resulted -- the MacArthur Competence Assessment Tool - Criminal Adjudication (MacCAT-CA) -- was field-tested on a sample of 107 criminal defendants in a jail and in a forensic hospital in Virginia and found to possess psychometric integrity. The MacCAT-CA is now available for clinical use (Various, 2005).
Research on the adjudicative competence of juvenile offenders, conducted by the MacArthur Program on Adolescent Development and Juvenile Justice, is in progress
These studies, which are not nearly as comprehensive yet as the criminal adult measurements, have shown a capability to make somewhat accurate assessments of juvenile offenders. However, it has been determined that there are additional tools today to supplement the MacArthur Assessment. Those tools plus individual psychiatric counseling and interviews enhance accuracy. The MacArthur Assessment is also being tested on Alzheimer's patients. ut determining capable vs. incapable subjects remains an issue.
Akinkunmi, A.A.…… [Read More]
Second, there is a natural hierarchy and opportunity for promotion within the field that career advancement and qualification for advanced duties and roles provides a transactional incentive for high performance. Third, nursing is a field in which it is absolutely essential to address inadequate performance and management by exception is an efficient method of ensuring that poor performance is identified and addressed. Naturally, mediocrity is also undesirable in nursing, but far outweighed by the importance of redressing poor performance in particular (Taylor, Lillis, & LeMone, 2005).
Elements of transformational leadership provide a natural motivation that is appropriate within healthcare professions. Whereas in industrial or corporate environments, employee commitment to organizational values is the direct source of employee motivational orientation (Daft, 2005; ussell-Whalling, 2005), in nursing, the safety, health, and welfare of patients provides the predominant value in connection with motivation. However, unlike sales-oriented responsibilities, the technical aspects of proficiency in…… [Read More]
Paradoxically, states with harsher criminal statutes and higher conviction rates tend to maintain fewer inmate developmental programs because high-volume prisons tend to be run on a for-profit basis that discourages "unnecessary" spending. The most cynical suggestion is that decreasing recidivism is against the financial interests of private prisons and (although to a lesser extent,) those of government-run prisons as well (Schmalleger, 2008).
Other aspects of many types of contemporary criminal trends may also significantly undermine any strategy of deterrence through awareness of strict prosecution and sentencing. In that regard, law enforcement authorities across the nation have catalogued volumes of information about criminal subcultures in general and of the street gang mentality in particular (Pinizzotto, Davis, & Miller, 2007). Urban street gangs in particular have given rise to a culture of remorseless violence and disregard for the consequences of even the most violent crime that largely precludes any real deterrent value…… [Read More]
his work has reviewed the opinion of the judiciary and other experts in the field of law and has found that in 2006, this was addressed in 18 U.S.C. 921(a)(20) which effectively states that the individual who has had one or all three of their civil right taken away from them will necessarily upon restoration of one of these will effectively have all of these restored upon seeking restoration of one of these civil rights.
he opinion of professional advocates, Congress and the U.S. Supreme Court along with others in the judiciary capacity hold that the restoration provision regarding civil rights reinstatement "...reflects that an ex-offender currently has the rights to vote, run for office, and serve on a jury, thus is considered to be a law-abiding citizen, and should not be subject to a lifetime prohibition on firearms ownership." (Halbrook, 2006) herefore, it can be understood that the…… [Read More]
The death penalty is not unconstitutional and is even mandatory for certain crimes with the judge and jury having little discretion in the matter in order to avoid violating the provision that prohibits 'cruel and unusual punishment' the methods used for execution of the death penalty should be humane and sensible. While the criminal may lack in possessing any compassion whatsoever that this complete lack of the ability to have or posses real compassion that resulted in their being sentenced to death is a consideration in the regard given those sentenced to death. Finally, there should be no lack of certainty that the individual being put to death was the perpetrator of the crime committed.
VI. The ISSUES & the DEATE[S]
The issues and debates surrounding the Fourth, Fifth, Sixth and Eighth Amendments to the U.S. Constitution are becoming more heated with each passing day and while the general public…… [Read More]
Accepting Client Assignments
Outstanding client service begins with a full understanding of the client organization, its business needs and the position to be filled. An AESC member should:
Accept only those assignments that a member is qualified to undertake on the basis of the member's knowledge of the client's needs and the member's ability to perform the specific assignment.
Disclose promptly conflicts of interest known to the AESC member and accept assignments only if all affected parties have expressly agreed to waive any conflict.
Develop an understanding with the client that, among other things, makes clear the organizational entity that is defined as the client organization, the fees and expenses to be charged, and any ongoing assurances or guarantees relating to fulfillment of the assignment.
Agree with the client concerning any "off-limits" restrictions or other related policies that govern when and how the member may recruit from the defined client…… [Read More]
Human rights according to the practice of the UN also imply "the right of everyone to have access to safe and nutritious food" (UNESCO, 2004). Therefore, given this example one of the means used by the UN in its attempt to offer the possibility for the respect of this right has been to give "the mandate to the High Commissioner for Human Rights to better define the body of rights related to food. In 2000 a UN Special Rapporteur for Right to Food was appointed and in 2003 an intergovernmental working group was formed to establish guidelines to promote the progressive realization of the right to food" (UNESCO, 2004).
Indeed there are several types of responses that can be given to the breach of human rights throughout the world. Depending on the type of rights being placed under discussion, there can be several mechanisms set in place. Thus, when there…… [Read More]
Cuellar, Mariano-Florentino. "The International Criminal Court and the Political Economy of Antitreaty Discourse." Stanford Law Review 55.5 (2003): 1597+.
Dahl, Richard. "A Changing Climate of Litigation." Environmental Health Perspectives 115.4 (2007): 204+.
Fromkin, David. "International Law at the Frontiers." orld Policy Journal 15.4 (1998): 59-72.
Koh, Harold Hongju. "Foreword: On American Exceptionalism." Stanford Law Review 55.5 (2003): 1479+.
Scharf, Michael P. "The ICC's Jurisdiction over the Nationals of Non-Party States: A Critique of the U.S. Position." Law and Contemporary Problems 64.1 (2001): 67.
Stacy, Helen. "Relational Sovereignty." Stanford Law Review 55.5 (2003): 2029+.
Tiefer, Charles. Veering Right: How the Bush Administration Subverts the Law for Conservative Causes. Berkeley, CA: University of California Press, 2004.
David Fromkin, "International Law at the Frontiers," orld Policy Journal15.4 (1998): 59. http://www.questiaschool.com/PM.qst?a=o&d=5002006259
Mariano-Florentino Cuellar, "The International Criminal Court…… [Read More]
The problems and future of DNA Testing
The scientific soundness of the DNA test has not been doubted at all. Courts have increasingly relied on the outcomes of DNA tests. The common man is at a loss to understand the complexities of the method, and as a result in jury trials it is not taken as standard proof but approached with hesitancy. Jurors are ignorant of science and the 'principles of modern genetics' and can get quite confused by all the jargon and confusing tactics of lawyers who are more interested in their cases rather than scientific truth. ("DNA Fingerprinting and Forensics," 2006) Thus the very process that can throw light on the proceedings and produce unfaultable evidence gets mired in sticky debates. The actual concern about the DNA test is not a confused jury but the process of collecting the data and analyzing it. There is no…… [Read More]
In this particular instance, while under the impression that the expression 'Gros' denoted double packs, not as the objective term signified the amount o "12 x 12," a teacher reportedly ordered toilet paper on behalf of her school. "Her order of 'Gros' those objectively meant 3600 packs of toilet paper instead of 50. The action of a supplier for the prize of 3600 pacts of toilet paper failed because the teacher was allowed to declare her declaration of the will to be void for meaning mistake.... hether the error was to be blamed on the teacher is entirely air of a love for the right to rescind the contact in German law...."
In an English case, an offer assessed the current market rental value of the premises as £65.000, however this later was claimed to have been included in error, with the intended figure to be and £126,000. According to…… [Read More]