However, it is unlikely that one system will ever be sacrificed entirely. Also, there are cases when jurisdiction between federal and state overlap, such as "any lawsuit where citizens of different states are involved in disputes concerning at least $50,000, the person being sued can insist on federal court," and "some criminal acts that involve single events or multiple events that violate both federal and state laws simultaneously ("Michigan Court System, the Civics Institute, 2004). This also means that combining the two systems would not be feasible, especially given how the system of laws in America currently exists.
Question
Outline the various sentencing goals. hich of these goals do you find most acceptable as the primary goal of sentencing? How might your choice of goal vary with the type of offense? Can you envision any circumstances which might make your choice less acceptable?
Sentencing goals may include providing punishment levels that reflect…...
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Works Cited
Chapter 10: The American Legal System and the Courts." Chapter Summary from Keeping the Republic. Washington DC: CQ Press. 2007.
Courts and the Investigation Process
There are many aspects to investigations as they pertain to courts and upholding the law. An investigation is systematic inquiry to determine the facts surrounding an event or situation to determine who, what, where, when, how, and why an event or incident occurred that might be of particular interest to the courts. In the modern age, mainly due to anti-terrorism enforcement, US lawmakers and courts have changed the scope of police surveillance authority. As a result, a new privacy paradigm has emerged where police power to gather information in criminal investigations has expanded (Bloss, 2009).
Since the world has become more globalized in regards to crime and terrorism, this has transformed how public safety threats are perceived. Furthermore, the advancement of digital communication technology has provided a medium in which electronic records of communications are kept and can be accessed by law enforcement officials. This changes the…...
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Works Cited
Bloss, W. (2009). Transforming U.S. police surveillance in a new privacy paradigm. Police Practice & Research, 225-238.
McNichol, A. (2013). PRIVACY IN THE AGE OF SMARTPHONES: A Better Standard for GPS Tracking . Arizon State Law Journal, 1277-1250.
The results of these judicial performance evaluations then are dispersed to the public (Missouri Nonpartisan Court Plan, n.d.).
The Missouri Plan has been surrounded by disagreement since it was first proposed. Controversy persists over the advantages, disadvantages, and effects, if any, of merit plans on the quality of the judiciary. The passage of time has not resolved the debate. ather, additional issues have come about in response to legal, political, and operational factors. Proponents of merit selection offer it as a preferable option to the politics and fundraising intrinsic in judicial elections, but opponents uphold that the appointive process itself is political, and that, in addition, people have a right to elect their judges. In spite of lingering doubts by some about merit selection's success in getting rid of politics from judicial selection, and the lack of hard proof that it results in the choice of better judges, the merit…...
Courts in World Cultures -- a eport on China
China
Discrimination is one of the most critical issues of the present times. It refers to the societal practices and behaviors which deprive a certain group of people or minorities from enjoying equal rights in a society (Yang & Li, 2009). Discrimination separates people on the basis of racial and ethnical differences, religious beliefs, gender, class and power, etc. To encounter this issue and eliminate it from their societies and workplaces, nations from all over the world have been devising their own anti-discrimination laws and practices (Wilson, 2012).
The following sections are dedicated to discuss this most serious issue from the context of Laws and Courts in the People's epublic of China (PC). That is, what are the role of Chinese Laws and Courts and the overall progress of Chinese nation in reducing different inequality practices and behaviors from its society?
The ole of…...
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References
Mayer Brown JSM, (2009). Guide to Discrimination Law in the PRC. Retrieved on March 11th, 2012, from
Wilson, S. (2012). Setting for Discrimination: HIV / AIDS Carriers and their Resolution of Legal Claims. IJAPS, 8 (1): 35 -- 55
Yale Law School, (2008). The China Law Center Co-Hosts Workshop on Anti-Discrimination Law. Retrieved on March 11th, 2012, from
Yang, S. & Li, A. (2009). Legal protection against gender discrimination in the workplace in China. Gender & Development, 17 (2): 295-308
Judiciary ole
The author of this report is tasked with discussing whether courts can help solve complex problems. Of course, the guiding documents and many of the amendments to the United States Constitution were written a century or two ago but these are the documents that are supposed to be guiding the decisions made by courts of all levels. This would range from district courts to circuit courts and all of the way up to the Supreme Court of the United States. What will be discussed and answered to in this report shall include the limits of litigation as compared to political debate and social limits, the prerequisites for a successful litigation reform effort, the proper role of the courts when it comes to public policy issues, whether the courts should keep their rulings narrow or make them broader, and whether court decisions can change public policy and/or society. While courts…...
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References
Associated Press. (2016). With email probe nearing end, FBI may question Hillary Clinton.
Of the five criteria set by the courts for the reliability test, which one do you believe to be the weakest? Why?
The reliability criteria that have been developed as the science of eyewitness information advanced include the following: View, attention, certainty, descriptions, and time between crime and confrontation (Wells & Quinlivan, 2009). Of the five reliability criteria, three -- view, attention, and certainty -- are attributes of retrospective self-reports. Certainty is the criteria that I believe is the weakest since the literature is replete with studied that show how fallible the certainty of an eyewitness's testimony can be. Strong empirical evidence exists to show that retrospective self-reports frequently do not match the presentation of objective facts (Wells & Quinlivan, 2009). etrospective self-reports have been shown to be quite malleable and people are not skilled at identifying which factors influence their self-reports (Nisbett and Wilson, 1977). Several of the reliability criteria…...
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References:
Nisbett, R.E. And Wilson, T.D. (1977). Telling more than we can know: Verbal reports on mental processes. Psychological Review, 84, 231-259.
Wells, G.L. And Quinlivan, D.S. (2009). Suggestive eyewitness identification procedures and the Supreme Court's reliability test in light of eyewitness science: 30 years later. Law and Human Behavior, 33, 1-24. doi: 10.1007/s10979-008-9130-3
Law Enforcement Jurisdiction & Authority
Law Enforcement Jurisdiction and Authority
As with many governmental agencies, law enforcement is partitioned by agency type, organizational mission, overall size, and jurisdiction. The law enforcement agency spectrum is broad, spanning a range from small town police departments to extensive federal agencies. The brief descriptions below correspond to the categorical jurisdictions and authority of U.S. law enforcement agencies.
Federal Law Enforcement Agencies
The Bureau of Justice Statistics reports that the largest employers of Federal officers are as follows: Federal Bureau of Prisons, the FBI, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement. Each of these agencies has over 10,000 officers authorized to carry firearms and make arrests ("Discover Policing," 2015). The duties and responsibilities of Federal officers include corrections, court operations, criminal investigation and enforcement, inspections, police response and patrol, security and protection ("Discover Policing," 2015).
Federal Courts
There are three branches of the federal government: the legislative, executive, and judicial branches. The federal courts were established by Congress, which is given the power to establish them in the Constitution. The Constitution also empowers the Congress to establish the jurisdiction of the federal courts, determine the number of judges needed in the federal court system, to confirm Executive appointments of judges, and to manage the judiciary's budget. Congress impacts the establishment of the courts in several other ways as well. The various state-level governments have the same three basic branches, and their divisions of power and responsibility are likewise determined by their Constitutions or other founding documents.
The structure of the federal court system can be viewed as a top-down pyramid. At the top of the pyramid is the U.S. Supreme Court, which is the court of final resort for the entire United States. At the intermediate…...
Juvenile Courts and Adult Court
Overview of Juvenile Justice System
According to the Office of Justice Programs, the Juvenile Justice System has "undergone significant modifications during the last 30 years." (2013, p.1) The first U.S. juvenile court was established in 1899 in Chicago. In the early 1990s, it is reported that views of juvenile crime, which became an epidemic "fueled public scrutiny of the system's ability to effectively control violent juvenile offenders." (Office of Justice Programs, 2013, p.1) For this reason, there were changes in the legislative process adopted by the U.S. states reported to be part of an effort "to crack down on juvenile crime." (Office of Justice Programs, 2013, p.1) Approximately two-thirds of youth arrested are referred to a court with a juvenile jurisdiction for processing such crimes. The court may decide in some cases to refer juveniles to other agencies for services however, prosecutors have a choice to…...
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References
Fagan, J. And Zimring, FE (nd) The Changing Borders of Juvenile Justice: Transfer of Adolescent to the Criminal Court. John D. And Catherine T. MacArthur Foundation. Research Network on Adolescent Development and Juvenile Justice. Retrieved from: http://www.adjj.org/downloads/8710Changing%20Borders.pdf
Mole, D. And White, D. (2005) Transfer and Waiver in the Juvenile Justice System. CHILD WELFARE LEAGUE OF AMERICA National Center for Program Standards and Development Juvenile Justice Division. Retrieved from: http://www.cwla.org/programs/juvenilejustice/jjtransfer.pdf
U.S. Courts
Until Bob Woodward wrote his book, The Bretheren: Inside the Supreme Court (Woodward, 1996), the inner workings of the United States Supreme Court were considered off-limits. For nearly two hundred years no one had the courage to investigate how the Supreme Court operates on a day-to-day basis but Bob Woodward, one of the reporters who broke the Watergate scandal to the world, stepped forward and in doing so provided the American public with its first real view of how the Court operates.
Inside the pages of The Bretheren the authors (the book was co-written by Scott Armstrong) covered the Court during the terms when Earl Warren and Warren Burger were Chief Justices. In doing so the authors offered a summary of the various cases ruled upon during the tenure of these two Chief Justices and provided a synopsis of how the two tenures were remarkably the same. The Warren Court…...
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References
Hathaway, O.A. (2001). Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System. Iowa Law Review, 101-165.
Hood, R. (2001). Capital Punishment. Punishment & Society, 331-354.
Toobin, J. (2007). The Nine: Inside the Secret World of the Supreme Court. New York: Doubleday.
Woodward, B. And Scott Armstrong.(1996). The Brethren: Iniside the Supreme Court. New York: Avon Books.
Drug Courts
The Department of Justice of the United States of America, in order to cope with heavy work pressure, had to introduce a separate court for the sole purpose of dealing with criminal offenses committed by drug abusers and drug dependants. This concept has proved to be so successful that other countries of the world, including Australia, are now contemplating the introduction of a separate court for dealing with the same issues of drug abuse. How did the need for such Drug Courts develop? To understand this, one must understand the different categories of drug abusers. These people can be generally categorized under two groups: the first group of people lead stable lives, out of reach of the drug criminal justice system. They are peaceful people who do not cause any disruption of societal peace and calm. The second group of people, however, is extremely disruptive and is always involved…...
Effectiveness of the Approach. (1999) Looking at a decade of Drug Courts. The Drug Court Clearinghouse and Technical Assistance Project. June, Retrieved at
Media Impact on Perception of Courts
Residents of the United States have been noted many times for their poor understanding of American history and government. This is, no doubt, connected with the broken public education system at the K-12 levels. Many Americans not understand the political theory behind the U.S. Constitution and the principles of limited government. (Feith, xi). Thus, they cannot grasp the Constitutional principles governing the role of the Judge, the Jury, and the Prosecution in deciding a court case. (Feith, 13).
The lack of education in American Civics renders many people ignorant and impressionable in issues regarding the Court system. These people have unrealistic expectations of the courts and are unsympathetic to the challenges faced by the courts. Thesis: The American media plays a huge role in the perception of Courts as unfair, ineffectual, and unresponsive to citizens. Television programs and film tend to influence Whites regarding the abuses…...
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Bibliography
Mcneely, C.L. (1995). PERCEPTIONS OF THE CRIMINAL JUSTICE SYSTEM:
Television Imagery and Public Knowledge in the United States. Journal of Criminal Justice and Popular Culture, 3(1) (1995) 1-20
Carlson, J.M. (1985). Prime time law enforcement. New York: Praeger.
Rottman, D.B., & National Center for State Courts. (2003). Perceptions of the courts in your community: The influence of experience, race, and ethnicity: executive summary. Williamsburg, VA: National Center for State Courts.
The drug courts have become part of the solution, not the problem in the lives of thousands of children and adolescents across the country (Schwebel, 176).
Juvenile drug courts are increasing in the United States, as a result of increasing availability of external funding, raising the question of what constitutes a "serious" juvenile drug user. Nearly half of all adolescents in the United States will try some form of illegal drug before they reach 18 years of age. However, the majority of these drug users are able to control their behavior and go on to lead productive lives (Church II, Wesley, 2006, 89)."
The drug courts take the adolescents and children out of a system that could ostensibly lead to more serious crimes, and supervises their individual case loads and success. Social workers and therapists from the drug programs that work with the children make regular appearances before the court,…...
Armstrong, a. (2003). Drug Courts and the De Facto Legalization of Drug Use for Participants in Residential Treatment Facilities. Journal of Criminal Law and Criminology, 94(1), 133+. Retrieved December 12, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=5014292351http://www.questia.com/PM.qst?a=o&d=5008140579
Church, W.T. (2006). Juvenile Drug Courts and Teen Substance Abuse. Social Work, 51(1), 89. Retrieved December 12, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=5015865810http://www.questia.com/PM.qst?a=o&d=5014292351
Harvey, D.L. (2004). Theories of Therapeutic Evolution for Juvenile Drug Courts in the Face of the Onset of the Co-occurrence of Mental Health Issues and Substance/alcohol Abuse. Journal of Law and Health, 19(1), 177+. Retrieved December 12, 2008, from Questia database: http://www.questiaschool.com/PM.qst?a=o&d=5000676855http://www.questia.com/PM.qst?a=o&d=5015865810
It also illustrates how many of the same human rights that the U.S. Supreme Court has interpreted and applied are protected by others in a similar way." (Youm, 2007)
It is noted that Louis Henkin stated of the U.S. constitutional system and international human rights, that each of these continue to influence each other. U.S. constitutional jurisprudence is invoked by international bodies, in particular by the European and the Inter-American human rights courts. U.S. courts are only beginning to look at the growing jurisprudence in the judgments of foreign constitutional courts or of international human rights courts. The texts of the U.S. Constitution and the European Convention on Human Rights are far from the final words on freedom of expression. Various free speech theories influence and shape legal doctrines through judicial interpretations of the First Amendment and Article 10. Case law on the First Amendment and Article 10 thus is…...
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Bibliography
Youm, K.H., 2007-05-24 "The U.S. Supreme Court and the European Court of Human Rights on Freedom of Expression" Paper presented at the annual meeting of the International Communication Association, TBA, San Francisco, CA Online . 2008-10-23 at http://www.allacademic.com/meta/p169925_index.html
Pascal, J. (2001) Unbanning Hitler. 25 June 2001. Newsttesman. Online available at;
The Homeland Security Implications of Radicalization (2006) Hearing Before the Subcommittee on Intelligence, Information Sharing, and Terrorism Risk Assessment
Juvenile Courts vs. Adult Courts
The juvenile justice system is a facet of the United States justice system that focuses exclusively on minors who commit crimes and other delinquencies. The system is utilized in order to focus on the child's best interests as well as society's best interests in terms of the punishments that are given to each offender at the time of their court hearing. The handling of cases within the system is largely undertaken by the states, which develop plans and programs for the rehabilitation of offenders as well as setting in place work on a community level to discourage first-time juvenile delinquency as well as additional issues from prior offenders. An outsider to the field of criminal justice and the workings of the juvenile system to be in alignment with that of the adult court system in nature, but this is not the case despite several commonalities and…...
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References
Champion, D.J. (2007). The juvenile justice system: delinquency, processing, and the law, 5th ed. Upper Saddle River, NJ: Pearson/Prentice Hall. Print.
Siegel, L. And Tracy, P. (2007). Juvenile law: a collection of leading U.S. Supreme Court cases. Upper Saddle River, NJ: Prentice Hall. Print.
Mediation is one of the most popular forms of alternative dispute resolution (ADR). While there are many benefits to mediation and other forms of ADR, including reduced costs for both parties, more rapid resolutions, and the decision-makers ability to consider principles outside of the legal principles involved, there are times when mediation is not the best solution. If we were writing a position paper on mediation and mediation education, we would focus on domestic violence scenarios and why mediation is not a proper dispute resolution procedure in cases....
1. The impact of poverty on education: exploring government assistance programs and private initiatives aimed at breaking the cycle of poverty through education.
2. The prevalence of mental health issues in society: analyzing the benefits of government-funded mental health programs and the role of private organizations in providing support and resources to individuals in need.
3. The challenges faced by homeless individuals: examining the assistance offered by government agencies and non-profit organizations in providing shelter, food, and healthcare to homeless populations.
4. The issue of food insecurity: investigating government assistance programs such as SNAP and WIC, as well as the role of food....
## Essay Topic Ideas Related to Online Dating / Apps
Social and Cultural Impacts
The impact of online dating on traditional courtship rituals and social norms The role of online dating in shaping modern relationships and family structures The impact of online dating on societal attitudes towards marriage, divorce, and singlehood The ethical considerations surrounding the use of online dating platforms
Psychological and Emotional Effects
The psychological effects of online dating, such as anxiety, depression, and body image issues The impact of online dating on self-esteem and self-perception The role of online dating in promoting unhealthy relationship dynamics, such as ghosting and....
Yes, "substantially similar" is a common qualifier used in legal language to describe something that closely resembles another element or pattern. Therefore, the terms "pattern" and "substantially similar" can intersect in the context of determining infringement or similarity in intellectual property law.
In intellectual property law, courts often consider whether a pattern or design of a product is "substantially similar" to another in order to determine if there has been infringement. This analysis typically involves looking at the overall impression created by the two patterns and assessing whether they share enough similarities to constitute infringement. Factors such as the level of....
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