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The ancient common rule prohibition on multiple trials, known as the double jeopardy, is a procedural protection that forbids the prosecution of an offender for an unlawful offence. The offender, in this case, may have been previously acquitted or convicted following a trial on the merits by a legal system of a competent criminal jurisdiction. Double jeopardy arises when there is a prior criminal trial. In many states of the globe, the protection against double jeopardy is a constitutional right while in others, the statute law provides for the protection. Statutory modification, the basis of the principle in England, is the framework for reforms in several common law jurisdictions that allow post-acquittal trials in limited situations (Corns, 2003).
This paper explores the policy issues for and against this protection rule reform, statutory modification of the principle in England, and procedural safeguards for post-acquittal retrials. Some of the issues…… [Read More]
Double Jeopardy and Legislative Limitations
The legal concept of "Double Jeopardy" is a rather simple one to define and to understand, but application of the Double Jeopardy standard is anything but easy or simple. On a very basic level, Double Jeopardy is a limitation in court proceedings that the same person cannot be tried for the same crime twice, regardless of the verdict or outcome of the first trial. But, as with all legal procedures and rules of order, there are exceptions to the rule. In cases where new evidence is found that can demonstrate a person's innocence, a trial is considered warranted because the outcome could not adversely effect the person already convicted. If however, the new evidence could prove an already determined innocent person guilty, then Double Jeopardy rules start being applicable. With the very broad nature of this topic, it is useful to demonstrate an understanding of…… [Read More]
If the double jeopardy clause was used to bar parallel federal prosecutions, the defendant in this case would be free regardless of the overwhelming evidence of his participation in the crime. This would mean that the criminal justice system in the country would have exercised a great level of injustice.
The double jeopardy clause should not be used to prohibit parallel state and federal prosecutions different units of governments may have different interests in an offense. These interests include the definition of an offense and enforcement of laws resulting in the improved the process of criminal justice. While the double jeopardy clause is used to protect an individual from embarrassment, anxiety and insecurity; using it to protect parallel state and federal prosecutions may be a means of promoting injustice. For example, in the case of Lemrick Nelson Jr., justice would have not been served if the verdict of…… [Read More]
BEEFOD'S DOUBLE JEOPADY
An Analysis of Bruce Bereford's Double Jeopardy
Introduction to Film
Professor Kim Elliott-White
Double Jeopardy (1999) is a thriller by Austrailian director Bruce Bereford, which stars Ashley Judd as Elizabeth "Libby" Parsons, a woman wrongly accused of murdering her husband, Bruce Greenwood as Nicholas "Nick" Parsons/Simon yder/Jonathan Devereaux, Libby's husband, and Tommy Lee Jones, as Travis Lehman, a former law professor who is Libby's parole officer and eventually helps her to reunite with her son, Matty, and clear her name. Bereford's previous directorial successes include Academy Award winning Driving Miss Daisy (1989), Black obe (1991), and Tender Mercies (1984), his first U.S. feature, which earned him his first and only Academy Award Nomination for Best Director to date. Despite these early and criticial successes, Double Jeopardy (1999) was critically panned and was referred to as "not a successful thriller, but with some nice…… [Read More]
Fifth Amendment of the U.S. Constitution governs the issue of double jeopardy and states in pertinent part, "No person… shall… be subject for the same offense to be twice put in jeopardy of life or limb…( )." The Amendment was a codification of the common law that had long recognized the doctrine that a defendant should not be subject to multiple attempts by the state to convict him for the same crime. On its face, the Fifth Amendment appears to be clear but there are nuances that are been interpreted over the years that make its application more intriguing including the possibility, that given certain circumstances, defendants can face double jeopardy.
The recognition that double jeopardy was a legal reality began when the U.S. Supreme Court rendered its decisions in Bartkus v. Illinois (Bartkus v. Illinois, 1959) and Abbate v. United States (Abbate v. United States, 1959). Beginning with these…… [Read More]
It is possible that an individual who was abused as a child was able to recover from the trauma of his/her experience, and tried to convert his/her negative experience into a positive one by helping out abused children, with the goal of helping them to also recover and develop as psychologically healthy individuals. This kind of psyche abolishes the phenomenon of double jeopardy, and provides a counter-argument to the earlier claim that abused children tend to have realtionships who will also abuse them.
7. eflect about the idea from the text regarding, "child abuse is transmitted across the generations." Do you agree with this statement?
I agree with the statement that child abuse is transmitted across the generations, as empirical studies have shown that indeed, abused individuals during their childhood (in the study's case, mothers) had indeed the tendency to also abuse their children. Again, this statement is just part…… [Read More]
People of the State of California v. Conrad obert Murray
The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows that Dr. Murray was found guilty, it is important to look at the court proceedings and how the evidence led the jury to that verdict. Dr. Murray administered a powerful drug called propofol - an anesthesia drug that is only supposed to be used in closely monitored hospital settings - to Michael Jackson to help him sleep.
The argument by the prosecution was that Dr. Murray did this even though he knew the dangers, and that he administered too much of the drug to Jackson, resulting in a fatal overdose. At that point, Murray did not act quickly enough in calling the paramedics and did not do enough to save…… [Read More]
Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.
Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]
Criminal law basically classifies crime into various categories that dictates the kind of criminal act, the mental condition, and the extent of punishment. The most common categories of crime are crime against persons, white-collar crimes, and crimes against property. Moreover, crime is further categorized by the selected punishment for the offense such as misdemeanor, felony, and petty misdemeanor. A felony is regarded as the most serious offense that is punishable by imprisonment exceeding one year while misdemeanors are offenses that are punishable by imprisonment of a maximum of one year. This is primarily because they are less serious crimes that do not involve incarceration in prison (Schneider, n.d.). Actually, almost all misdemeanor sentences are usually served in a local or county jail. In contrast, petty misdemeanors are crimes that do not need imprisonment such as that are always punishable by a fine.
Crimes against Persons and Crimes against…… [Read More]
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…… [Read More]
herefore, by increasing the costs of imprisonment by the three strikes law, it is intended that there will be less crime. Marwell and Moody express several difficulties with the laws in the 24 states: Criminals are not always aware of the laws, at least not initially; repeat criminals can be expected to serve substantial prison terms even in the absence of the laws; almost all of the states already had habitual criminal statutes where criminals with prior convictions could be given lengthy sentences under the judge's discretion; the deterrent effect on homicides is limited in any case because the law most likely does not increase sanctions for homicides. However, the law may reduce homicides by deterring robberies and other felonies where homicides may take place; some criminals may limit their expected costs by taking evasive action, such as moving to another jurisdiction or to other areas of crime where the…… [Read More]
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.
Week 5: Discussion
In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…… [Read More]
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…… [Read More]
victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.
It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).
But now, nations…… [Read More]
If police officers are not sufficiently deterred by the prospect of evidence being suppressed at a hearing where a person's liberty is in jeopardy, it is a fortiori that they will not be deterred by the possibility of suppression at a civil forfeiture hearing where only the person's property is in jeopardy.
Law enforcement officials have much to gain in the outcome of the issues raised in Scott, and will likely bring challenges to the exclusionary rule in civil forfeiture. While the court's trend is moving away from applying the exclusionary rule in civil contexts, law enforcement agencies are increasingly relying on civil tools to attack crime. At the forefront of this movement is the use of civil forfeiture to seize the fruits and instrumentalities of the narcotics trade. Civil forfeiture statutes allow law enforcement officers to seize privately held assets that have been used in a crime, a practice…… [Read More]
Oreto, 37 F.3d 739 (1st Cir. 1994). The 2st Circuit rejected the defendant's claim that requiring two predicate acts for conviction under one theory of liability but only one act for conviction under "loan sharking," violated equal protection.
Due Process. The forfeiture provisions of RICO have been criticized for violating the Due Process Clause of the Fourteenth Amendment. Numerous cases have rejected this criticism including U.S. v. Nichols, (10th Cir. 1994).
Tenth Amendment. Arguments that RICO unconstitutionally intrudes upon state sovereignty in violation of this Amendment have all been summarily rejected. U.S. v. Thompson, 685 F.2d 993-1001 (6th Cir. 1982).
Most experts agree that RICO has been abused since its first effective use against the Mafia in the 1980s. For certain, it has virtually destroyed the Mafia -- lakey's intended goal and its only intended purpose at the time. However, even prior to the first Mafia convictions under its statutes,…… [Read More]
Interoffice Memorandum of Law
Case: Joe Lee Simmons, Appellant v. State of Texas, Appellee
Docket number: 01-07-00543-C
Office file number
e: Issue  was there evidence of possession of cocaine weighing four or more grams but less than 200 grams given the evidentiary requirements of TEX. CODE CIM. POC. § 38.35(d)(1);  the validity of a motion to suppress based on the officer's failure to report all offenses committed in his jurisdiction to the magistrate, as required by TEX. CODE CIM. POC. § 2.13(b)(3); and  the sufficiency of an indictment under TEX. CODE CIM. POC. § 28.10.
The appellant contends that the trial court erred in admitting the testimony of the State's forensic chemist, who performed a chemical analysis on the controlled substance found in appellant's shirt pocket, because the chemical analysis was not accredited at the time of the analysis; appellant challenges the trial court's denial of…… [Read More]
The U.S.A. Patriot Act was passed because of the terrorist attacks on the United States on September 11, 2001. e realized that our current body of laws did not completely address the task of finding terrorists before they take action. The Patriot Act was passed to make it easier for us to protect ourselves from future terrorist acts. The Act has been controversial because although most people recognize the need to effectively prevent future attacks, some people feel the law has gone too far and infringed on civil liberties. Other critics contend that the law doesn't give government enough power (Doyle, 2002).
The Patriot Act makes various actions by the government when trying to identify who might be a terrorist easier to execute. It extends wiretapping to email, provides for nationwide permission to use wiretapping and related investigatory techniques rather than having to get those permissions on a…… [Read More]
Victim advocates, also known as witness specialist or victim service providers are professionals within the criminal justice trained to offer support to crime victims in a compassionate and helpful manner. While the role of a victim advocate varies relative to the laws of a state, the roles could be summed into providing information provision, paperwork filing, crisis counseling, and court accompaniment. The role of a victim advocate may as well extend to contacting organizations such as social services and criminal justice that may provide information pertinent to a crime. The pertinent information provided may include; victim’s rights, victimization, crime prevention, criminal justice process, notification of inmates escape or release. Given that the victim possesses the most informed perspective relative to the crime, as opposed to telling the victim what decision to effect, a victim advocate provides the victim with diverse information that aid in reaching the appropriate decision…… [Read More]
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…… [Read More]
They also had the power to decide the merits of evidence and arguments. In the 19th century, judges gained greater control over juries and the role of juries became what it is currently; hearing evidence presented on both sides and determining the guilt or innocence of the accused.
The advantages of the jury system lie in the foundational elements articulated and supported by amendments and the Supreme Court. The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial" (Landsman & Hastings 1992). A speedy trial was emphasized to avoid the accused languishing in prison for extended periods of time prior to a trial, or have the accused fate put off for an indeterminate amount of time. Further, the Sixth Amendment guarantees every citizens right to an impartial jury. The intent is that the prospective juries not enter into the…… [Read More]
Reform from within the EU does not seem possible, either. It is so structured as to prevent changes in member states' minority status and other modifications from becoming attainable. Attempts by any government to amend the Community laws are considered doomed to failure, because Parliament has almost no part in European law-making (Andrews).
Common and civil law systems are inherently opposed, although their shared goal is to conduct a just, speedy and most inexpensive settling of conflicts (Messitte 1999). American courts have increasingly acknowledged the need to continuously evaluate and modify their processes and altogether improve the quality of justice. Efforts cover many other aspects of court activity, ranging from dispute resolution mechanisms, such as arbitration and mediation, to procedures, such as default and summary judgment used I the early stage of a trial without needing to proceed to a formal trial (Messitte).
Jury trial has disappeared in the…… [Read More]
Tax Planning -- Employer (II of II)
Tax Planning - Employer
The marketplace that businesses operate in has become more and more globalized and international in nature, not to mention extremely competitive. This particular report will focus on the employer and their tax implications when it comes to operating and/or headquartering in one or more countries around the world. The prior report focused on the employee. While the implications for the employee are complicated and diverse enough, they become even more complicated when speaking of the employer, and for a number of reasons.
Just as there were a number of considerations relevant to the employee and their tax treatment, there are a number of tax considerations that USCo will need to consider for themselves and they are as follows:
The actual headquarters location (nation, state/province and county/city)
The actual locations outside of that home country (or state and city)…… [Read More]
Scholars believe the Fifth Amendment as competent of breaking down into five separate constitutional privileges. These include grand juries for capital offenses, a ban on double jeopardy, prevention against compulsory self-incrimination, an assurance that all criminal defendants will have a just trial, and an assurance that the government will not take private property without paying fair market worth. Although the Fifth Amendment initially only concerned federal courts, the U.S. Supreme Court has construed the Fifth Amendment's requirements as currently pertaining to the states by way of the Due Process Clause of the Fourteenth Amendment (Fifth Amendment, n.d.). In this case Victor Violent would be protected from testify against himself in his aggravated assault trial because of his Fifth Amendment protections.
In all criminal proceedings, the accused has the right to a speedy and open trial, by an unbiased jury of the State and district in which the crime was allegedly…… [Read More]
Over time the cause-and-effect of strategies to increased retention, get reflected in the metrics and KPIs that are rolled up into a single balanced scorecard. All of these metrics also are used for defining the second step in the process the book promotes, which is defining the causes of attrition and working to alleviate them.
The most difficult aspect of customer retention strategies and minimizing the defection rate is equating attrition to lost profits (Wright, iebe, 2010). Measures of lifetime customer profitability are difficult to accurately define and measure over time (Wright, iebe, 2010). The majority of companies attain the first two of these three steps yet stop short of being able to capture lost profits due to attrition (Wright, iebe, 2010). Only in those industries where there are exceptionally high levels of churn, for example with cable television and cellular phone providers, can the profitability be assessed per customer,…… [Read More]
This may allow room for evaluation of the gender role conflicts which must naturally enter into this conversation. Where so many validate gender roles according to sexuality, this discussion of lesbian and feminist identity yields something of a less certain correlation. Rather, by an inclination to overcome the limitations imposed upon the female identity, there are distinctive characteristics which have been adopted by some within the lesbian community distinguishing these as apolitical-social lesbians. Driven by personal identification, and therefore required to pursue a social agenda which contrasts with mainstream conventions, apolitical-social lesbians may or may not be distinguishable by observable gender-role characteristics. However, in cases where such distinctions can be drawn due simply to a subversion of assumed gender rolls, the "butch" lesbian can be identified by a presentation of historically accepted male characteristics of identity. As outliers to the standards for gender-orientation normalcy, such lesbians are easily targeted for…… [Read More]
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…… [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]
There are ten Fraud Detection Centers across the United States, and these are meant to detect refund fraud and to identify prevention measures. Each of these offices has a Resident Agent in Charge to direct, monitor, and coordinate operations supporting electronic and paper tax filing, and each Center performs activities that include educating Submission Processing Center and Customer Service Center personnel on fraud awareness and detection.
Criminal investigation in the agency started shortly after the Revenue Act of 1913 was passed, and that act imposed a modest tax of 1% on net incomes of individuals, estates, trusts, and corporations. In addition, another tax, or surtax, graduated from 1 to 6%, was applied to income exceeding $20,000. Over time, many laws have been passed that have changed the rates and other aspects of revenue assessment. Tax evasion was noted as early as 1919, when many serious allegations concerning alleged tax frauds…… [Read More]
One example of the kind of policy change that is being suggested by some in the particular war on Meth is the reduction of the ability of meth makers, especially large scale makers to realize the supplies of a small number of raw materials used to make the drug pseudoephedrine is quaaludes, as this drug was successfully removed from the radar screen by the banning of the chemicals used to make it, and this may be an option for all synthetic drugs.
Boulard, Garry. "The Meth Menace: Battling the Fast-Paced Spread of Methamphetamine May Mean Attacking It from Several Fronts." State Legislatures May 2005: 14.
Boyum, David, and Mark A.R. Kleiman. "Breaking the Drug-Crime Link." Public Interest Summer 2003: 19.
Organized Crime." The Columbia Encyclopedia. 6th ed. 2004.
Hanson, Gayle M.B. "Drug Crime Doesn't Pay, or Does It?." Insight on the News 19 June 1995: 16.…… [Read More]
6% of the respondents stated that this was what they did. This number however is not reflected in lower numbers for life style disease and so it must be given greater scrutiny at another time (See table below).
Fruit and vegetable consumption by ethnicity
There are a number of diseases and health conditions that have been linked to life style behaviors and belief systems. The prevalence of these diseases demonstate that while persons may report a certain behavior emperical evidence suggests that another behavior may be taking place. This may occur principally because respondents may over estimate what they do on a daily basis since they are not taking active records of their behaviors.
On several indicators African-Americans have higher rates of the disease and death as a consequency than White populations. The data for diabetes shows that African-Americans are twice as likely to report having diabetes than…… [Read More]
Married to his wife of 25 years and the father of four children, Minns nonetheless pursued Piotrowski, who was 24 years his junior. The two became involved in a serious romantic relationship. Piotrowski maintains that she believed Minns' statements that he was in an open marriage, and the fact that she repeatedly appeared in public with him certainly seemed to verify his assertions that his wife knew of their affair. However, at some time, Piotrowski became dissatisfied with the affair. She broke up with Minns, who did not take the break-up well. He allegedly hired a series of individuals to harass her, including tapping her phones and following her. When intimidation did not prove sufficient to bring Piotrowski back into his arms, Minns allegedly hired a hit-man to try to kill her. Piotrowski was shot four times, which resulted in her paralysis.
It is important to keep in mind that…… [Read More]
Medicare and Medicaid Services (CMS), previously the Health Care Financing Administration (HCFA), that by the time 2011, health care expenditure will arrive at $2.8 trillion, as well as it will bill for 17% of the Gross Domestic Product. As a result, it is no revelation that white-collar offenders observe health care deception as a rewarding effort. Certainly, the General Accounting Office ("GAO") quotes that such deception accounts for up to 10% of entire health care expense (3).
As health care deception outlays taxpayers almost $100 billion a year, federal, as well as state agencies have given health care fraud tribunal a key center of attention. All through her term, Attorney General Janet Reno made impeaching health care fraud a top precedence at the Department of Justice ("DOJ"), subsequent only to brutal offenses (3).
The government focuses its pains to perceive, as well as take legal action against health care fraud…… [Read More]
movie industry in America has been controlled by some of the monolithic companies which not only provided a place for making the movies, but also made the movies themselves and then distributed it throughout the entire country. These are movie companies and their entire image revolved around the number of participants of their films. People who wanted to see the movies being made had to go to the studios in order to see them. They made movies in a profitable manner for the sake of the studios, but placed the entire industry under their control and dominated over it. The discussion here is about some of those famous studios inclusive of that of names like Metro Goldwyn Mayer, Culver, RKO, Paramount Studios, Warner Bros, 20th Century Fox, Walt Disney Studios, Universal Studios, Raleigh Studio, Hollywood Center Studio, Sunset Gower Studio, Ren-Mar Studios, Charlie Chaplin Studios and now, Manhattan Beach Studio.…… [Read More]
Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.
The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…… [Read More]
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
The effect that ever changing societal values have on the Supreme Court's interpretation of the U.S. Constitution
Constitution represents the supreme law that directs political, social, cultural, and economic aspects of the nation. All other laws must be in line with the constitution in order to be effective and efficient in their application. Social or societal values have continuous effects on the interpretation of the constitution. The main objective of the constitution is to protect the interest of the individuals in the society. This objective makes the constitution relevant to the societal values within the context of the United States of America. The societal values keep changing in the contemporary world thus resulting into…… [Read More]
ights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.
Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land. Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due…… [Read More]
U.S. ICC Treaty
The Benefits and Drawbacks of the U.S. Entering Into an ICC Treaty
An ICC treaty would involve the International Criminal Court (Broomhall, 2003). A treaty with such a governing body is designed to affect prosecution for war crimes, genocide, the crime of aggression (but not until 2017), and crimes against humanity (oach, 2009). The Court is seated in the Netherlands, but proceedings can take place in other countries (oach, 2009). While many countries are part of the ICC in that they have treaties with it, the United States does not want to be one of the countries that allows the ICC to have domination over it when it comes to war crimes and related issues. There are both benefits and drawbacks for the U.S. If it changes its position and creates a treaty with the ICC. Both of these are important to discuss, because they have to…… [Read More]
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or…… [Read More]
Even so, both outcomes have downsides but a child being saved from further harm due to an abundance of caution is surely the better outcome to most people.
That all being said, the way this study is proving/disproving whether errors have been made is based on DNA evidence being looked at subsequent to the trial being concluded. Technically, just because the collected DNA supposedly rules out a person does not necessarily mean the convicted person is innocent, it just opens up other possibilities a lot of the time. Even so, DNA evidence is usually pretty conclusive and definite unless there is somehow a feasible alternate explanation how the identified DNA got there other than the person being the perpetrator so being Tuesday morning quarterback is not an exact science.
In the end, errors are not usually made in a criminal court setting but other environments that involve forensic psychology…… [Read More]
Aristotle believed there should be guidelines governing the act of giving testimony (Kennedy, 2004, p. 227-228). For example, a jury member should place greater weight on the reputation and social standing of the witness, than on the content of the testimony given. If a person of good character is called to testify before a formal investigative body, a reasonable listener is therefore required to open their mind to anything the witness may claim. This process of 'reciprocation' requires reasonable jury members and judges to accept as trustworthy the testimony of a reputable person, even if the events described seem incredible and go beyond their own personal experiences.
Unfortunately, the days of small village tribunals where jury members knew most of the participants in a trial, and therefore the reputations and trustworthiness of witnesses, are generally a thing of the past in the United States and much of the world.…… [Read More]
Megan's Law (Pro)
In 1994, Megan's Law was passed in order to protect innocent women and children from violent sex offenders. Critics of the law have argued that the law infringes on the constitutional rights of sex offenders after they have been released from prison; however, it is my position that the law is constitutional and an excellent deterrent to stop repeat offenses by convicted sexual offenders.
This report is an attempt to understand the constitutionality of Megan's Law. Megan's Law was the state of New Jersey's attempt to control repeat sex offenders from assaulting women and children. The law eventually became a national campaign to control sex offenders as all fifty states have since adopted at least some parts if not all of the original New Jersey statute. However, because we live in a society where rights go to both criminal and non-criminal alike, there are several legal battles…… [Read More]
Sexual Violent Predators Act
The state of Kansas enacted the Sexually Violent Predators Act on May 11, 1994 which attempted a procedure for the civil commitment of sexually violent predators. The law stated that because there was a small number of individuals who engage in violent sexual predation, and that these persons have a high likelihood of repeating their crimes but because they did not have a mental disease or defect which could allow for their commitment to a treatment facility, there was a need for a way to keep these individuals in confinement. As a result the Kansas legislature enacted the Sexually Violent Predators Act which "sets forth a procedure for the involuntary commitment of individuals who had been convicted and incarcerated for a sexually violent offense." (King 1438) In effect the state of Kansas wanted a way to keep violent sexual predators incarcerated beyond their sentences and created…… [Read More]
Much is made about freedom and liberty in the United States. Indeed, this stretches all the way back to the founding of this nation. That founding was spurred and motivated in large part by the lack of freedom and representation that the British colonists felt they were receiving with the British crown. Over the years, one of the subtopics that has developed is negative liberty. Generally, negative liberty is the idea that someone has the right to not be bothered or pestered by people or authorities. hile the idea of negative liberty sounds good and should generally be extended to people with no question, there are very specific instances where the concept of negative liberty is abused and should not be extended because it would indeed be wrong.
Negative liberty is a subject that has evolved and changed over the years. The modern manifestation of negative liberty…… [Read More]
Americans are aware that they are entitled to "their day in court" but may not fully understand the full range of due process protections that are contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. To determine the facts, this paper reviews the relevant literature to provide a discussion concerning the meaning, history and importance of the constitutional concept of "due process" as contained in the Fifth and Fourteenth Amendments to the U.S. Constitution. A brief discussion analyzing the conflicting positions of Justices Hugo Black and Felix Frankfurter with respect to the incorporation of American citizens' rights under the due process clause of the Fourteenth Amendment, and how these Justices' positions helped develop the concept of due process is followed by a summary of the research and important findings concerning due process in the conclusion.
.eview and Discussion
According to Black's Law Dictionary, "due process of law" means…… [Read More]
The following till take a look at Foreign Corrupt Practice Act or in other words the FCPA.
Discovering the corporate payments difficulty in the middle of the 70s from a blend of work by the Watergate Special Prosecutor office, this includes related additional work and inquiry by SEC-Security and Exchange Commission and the Multinational Corporations Subcommittee by Senator Frank Church. In 1975, within four months, separate hearings were held by the Church Committee on Gulf Oil, Mobil Oil, Northrop, and Lockheed (Koehler). Every one of these corporations became the main subjects of allegations, concerning uncertain payments made either directly or indirectly to officials of foreign government or foreign political parties bearing a business purpose in mind. For example, the Gulf Oil primarily involved the contributions made to political campaigns of the epublic of Korea President. Northrop was mainly involved in making payments to a general in Saudi Arabia. Principally,…… [Read More]
4th Amendment's evolution and history, together with the "search and seizure" law.
4th Amendment Background
People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should be seized, under the 4th Amendment. Like most fields in U.S. law, the English common law forms the principal basis of the 4th Amendment. Broadly, it was created for limiting governmental powers and their capacity of enforcing legal actions upon citizens (4th Amendment - constitution -- Laws.com). Amendment IV was implemented in immediate reaction to the historical writ of assistance's abuse. This writ was a sort of general governmental search warrant employed in the American evolution's era. Amendment IV…… [Read More]
SOC 205 – Society Law and Government 1
The Enron (Kenneth Lay and Jeffrey Skilling) Trial
Summary of the Trial
The Enron Trial dates as one of high profile case of corporate fraud in the US. Enron was founded in 1985 by Kenneth Lee Lay and was reported as the largest seller of Natural gas in North America by 2000. The American energy company recorded a spectacular rise with revenues increasing to over $100 billion in 2000 from $9 billion in 1995 and an increase of Enron’s stock prices recording a high of US$90.75 per share. Enron Corporation was ranked consistently as America's Most Innovative Company" between 1996 and 2001 by Fortune Magazine. The end of 2001 saw an unprecedented collapse of Enron’s stock price from US$90.75 per share to less than a dollar following an announced of $1billon loss in the first quarter of 2001 and resulting to declaration…… [Read More]
Their reputation suffered, although it did not seem to make a dent in their passenger traffic, something that indicates how complacent and compliant the American people have become. Most people did not even seem to care that Southwest had endangered them and only a few spoke out in blogs or in other areas when the news broke. Southwest has a serious responsibility to keep its passengers and crews safe, and they lost the trust of at least some people because of their callous disregard for safety. That is a huge moral responsibility, and Southwest has never really acknowledged their failure, which is an even larger ethical concern, it seems. In a statement before Congress, Southwest CEO Gary Kelly said, "Our compliance with certain specific Federal Aviation Administration (FAA) airworthiness directives has been called into question. We have committed to a thorough review and to make any changes necessary to ensure…… [Read More]
After September 11th, President ush authorized the use of water boarding, as a way to gain knowledge of terrorist groups and their activities. The problem is that many of the civil rights-based groups believe that this is in violation of American law. When the people, who are interrogated (terrorists), are not American citizens and they want to do as much harm to the country as possible. Given the fact that these individuals, are more than likely hard core terrorists and posses knowledge about imminent terrorist activities, meant that the this technique would be utilized to obtain information. Even though this was successful and was used on limited number of people, the press and Congress continued to debate the issue. (Froomkin, 2010) This is troubling, because it undermines the activities of U.S. intelligence officials (who are trying to protect the nation). As they are inserted into a game of political chicken,…… [Read More]
In 1996 Westinghouse/CS bought Infinity radio broadcasting and outdoor advertising group for $4.7 billion, a deal that was largely the result of the Telecommunications Act of 1996. The Telecommunications Act heavily deregulated the media industry and allowed a company to significantly increase the amount radio stations it could own. In 1997, Viacom dealt its educational, professional and reference publishing businesses to Pearson for $4.6 billion, and retains Simon & Schuster. In 1999, CS bought King World Productions, the leading television program syndicator at that time, for $2.5 billion. On September 7, 1999, Viacom and CS announced their merger, a $50 billion deal. This was the largest media merger of that era, which came one-month after the FCC approved duopolies. Under this merger, the new Viacom had 33 television stations, eclipsing the FCC's 35% ownership cap. This cap was based on the amount of stations one company owns that reach 35%…… [Read More]
While technological advancements have allowed for better planning around environmental conditions, a restriction on nomadic movement has been responsible for deciding economic stability. Care must be taken to preserve the pastoralist way of life in Mongolia, or the entire nation will suffer. Unless measures are taken, either by the Mongolian pastoralists themselves or by the government of Mongolia, the subsistence of the Mongolian pastoralists may be in jeopardy, and centuries of tradition will be lost, along with an economic pattern of survival that has sustained a nation.
Bedunah, Donald J. And Sabine M. Schmidt.
2004 Pastoralism and Protected Area management in Mongolia's Gobi Gurvansaikhan National Park. Development and Change 35(1): 167-191. Academic Search Premiere Database. University of Maryland University College Information and Library Services. (6 November 2005).
Fernandez-Gimenez, Maria E.
2001 The Effects of livestock Privatization on Pastoral Land Use and Land Tenure in Post-Socialist Mongolia. Nomadic Peoples 5(2):…… [Read More]
opportunities, including education, employment, and entrepreneurship that immigrants have in America.
America provides opportunities for all races:
America guarantees that one will not be discriminated on the basis on of his race,
National origin, gender, age etc.
All citizens in America have the right to an equal education, which includes a bilingual education.
Teaching immigrants the English language on an academic level allows them to communicate on a level equivalent to other professionals in the work place.
Immigrants who learn the English Language on a communicable level gives him or her the same equal legal rights as natural born Americans, for example-no hidden surprises in legal contracts.
Foundations help immigrants start up their own businesses in America.
Immigrants, upon receiving citizenship, have the same rights to own businesses in America as Native Americans.
Immigrants of other countries are allowed to contribute their uniqueness to this country when they open…… [Read More]
Over time, this solution became less and less effective as the sheer volume of YouTube uploads increased and the studios and companies were unable to keep up with the inflow of illegally posted material. Currently, many studios and companies have entered into a revenue sharing agreement with sites like YouTube to help make up for the potential in lost revenue that the illegally posted content presents. In this structure, studios present advertisements before the posted video content where ad revenues are split between both YouTube and the studios themselves. This has become a common way of trying to recoup some of the lost revenues due to video sharing sites while also opening up new avenues for companies to promote their products online on these sites. The movie industry can learn much from the music industry because they are experiencing what the music industry experienced only a decade or so ago.…… [Read More]
Many airlines have faced difficult times after deregulation, and the problems were exacerbated by the downturn in air travel after 9-11. Smaller airlines like Northwest Airlines have had even more problems, and yet Northwest in particular persists and so far has voided going out of business in spite of a series of threats, including poor traveler performance, lowered expectations in business terms, labor problems, and so on.
Before deregulation in the 1970s, many had speculated as to how it would affect the structure of the airline industry, and the prevailing view was that deregulation would lead to a substantial consolidation of the industry, leaving some four to six large systems, each centered around one of the major prederegulation trunks. It was believed, for example, that American Airlines, Delta Airlines, Northwest Airlines, United Airlines, and TWA would be among the survivors because of financial strength or protected international franchises.…… [Read More]
However, the life she found with her Native American captives was much more appealing to her. There were less religious restrictions, and as a woman, she had much more freedom in Iroquois culture. She was not doomed to become a submissive wife within the framework of Puritan colonialism, but instead she found her freedom through her adoptive Native American family. ith this in mind, one object in particular would help represent her struggle at a very early stage in American history. In the time capsule, I would place a recent 2009 article describing the voting demographics of women in the most recent presidential election. Eunice chose a life of relative freedom, sticking up for herself and basically paving a path of feminist rights in the earliest stages of American history. Thus, she would be proud to see how far this nation has come from its Puritan roots, giving women a…… [Read More]
Next, the researcher will conduct a query of the computer awareness of education administrators, teachers, parents, and students in the New Orleans school district, then evaluation of documented data will provide a research base of the required elements needed to consider while developing a framework that can be used as a guide by educational leaders and parents for the protection of children at school and at home. esearch areas will include law enforcement agencies, various information systems security sites that provide security solutions that can be implemented in schools and in the home, other avenues of research will include interviews with a multitude of technical personnel proficient in hardware, software and network technology utilized for computer security.
The purpose of this dissertation is to provide recommendations from experienced practitioners of detailed, hands on instruction or guides that even the computer illiterate parent or senior caregiver can use to…… [Read More]
In January 2000 a new system was implemented by double click wherein for the first time the linking of the name of the user and any other information that it can pick up as the user moves from site to site. This is done in this manner and that is the user name and address is collected and stored in a cookie from a site where this is entered and the name and address is then linked to all the other activity that the user does on the web sites and stored in the same cookie and thus the activities of the user are linked to the real identity of the user. All this information is then sold to the highest bidder and it is estimated that there are nearly one hundred million such files available on Internet users that clearly indicates that the privacy of a majority of the…… [Read More]
Types of Takeovers
There are several consequences of whether a takeover is considered hostile or friendly. These consequences are more in the practical business realm than legal ones. Hostile takeovers are riskier for the acquirer than friendly ones. In a friendly takeover, the bidder will have a better chance to examine the company and its health. If the board is amicable to the situation, they will provide a full disclosure of the company's strengths and weaknesses. In a hostile takeover, the bidder only has access to publicly available information. There may be situations within the company that have not been disclosed. This can be good or bad depending on the situation. The acquirer might get a pleasant surprise, or they might find out that they have bought a sinking ship. Due to the risk involved in a hostile takeover, it is often more difficult to obtain financing than for a…… [Read More]
Describe the company, the business problem the company was addressing with the system implementation, the system chosen to implement, and the company's rationale for selecting the system to solve the problem.
Wal-Mart, a company that enjoys a significant market share in the U.S. food industry, rolled out its multi-phased project. This marked the beginning of implementing the company's long ditched in-house IT systems, which favored their operations with vendors. However, implementation of the SAP system is already raising red flags. This is because the system comes with costly financial works, which have strained the company (Scheck, 2010). While the project was aimed at leading the firm to growth, Wal-Mart recorded a significant sales decline. This was one of the company's worst performance over three decades now, been beaten by new corporations from Germany and South Korea. As local competitors maintained the pace set by Wal-Mart, most…… [Read More]