Judicial Process Essays (Examples)

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Judicial System Overview of the Civil Justice

Words: 1613 Length: 5 Pages Document Type: Essay Paper #: 19083744

Judicial System

Overview of the Civil Justice System and Its Administration

Since the creation of the United States Constitution, there has been a clear distinction between the three branches of government. The third branch, the Judiciary, exists for two purposes: to determine justice according to the current laws and policies and to eliminate any legislation that is in violation of the Constitution. As with the other two branches, the Supreme Court has experienced many reforms over the years. In the 1870's, it was decided to increase the number of justices on the court from seven to nine. This number has remained the same since. Additionally, the Supreme Court has gained greater power over their discretion to decide upon which cases will be heard. However, the key principle that the Supreme Court has stood for over the years was judicial independence, or the court's ability to make decisions based upon justice…… [Read More]

Works Cited

Anderson, Seth (2000). Judicial Retention Evaluation Programs. Louisiana Law Review, 34: 1375-1389.

Bakke, H. & Solomon, M. (1989). Case Differentiation: An Approach To Individualized Case Management. Judicature, 73(1): 17-21.

Rios, Celina. Developing a Proposal for Differentiated Case Management for the Family Court of the Eleventh Judicial Circui. Institute for Court Management. Available at http://www.flcourts.org/gen_public/cmplx_lit/bin/reference/Court%20Innovations/ICM_Case_Management.pdf

Winn, Peter (2004). Online Court Records: Balancing Judicial Accountability and Privacy in an Age of Electronic Information. Washington Law Review, 79(1): 307-332.
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Judicial Independence Is Vital to a Healthy

Words: 1217 Length: 3 Pages Document Type: Essay Paper #: 79387301

Judicial independence is vital to a healthy society. Agree or disagree and discuss with particular reference to the judiciary system in Australia.

I agree with this statement. The reason why is because history is full of examples showing how judicial independence improves the overall amounts of: transparency and personal freedoms in society. This is because, an independent judiciary is providing a way of giving ordinary citizens the ability have their issues addressed. Once this takes place, it means that the rule of law can begin to function effectively, due to the fact that everyone feels that they will be treated fairly by the court system.

In those nations where the judiciary is often run by the government itself, this means that the citizens have less personal freedom. The reason why is because, the close relationship between these branches will give one more dominance over the others. Once this takes place,…… [Read More]

Bibliography

Australia is the 8th Least Corrupt Country. (2009). ABC. Retrieved from: http://www.abc.net.au/news/stories/2009/11/18/2745801.htm'

The Australian Legal System. (2011). Treasury. Retrieved from: http://www.treasury.gov.au/documents/1197/HTML/docshell.asp?URL=Preconditions-03.asp

The Courts. (2011). EMA. Retrieved from: http://www.ema.gov.au/www/agd/agd.nsf/Page/Legalsystemandjustice_TheCourts

The Duty owed to the Court. (2006). Supreme Court of Victoria. Retrieved from: http://www.supremecourt.vic.gov.au/wps/wcm/connect/justlib/Supreme+Court/resources/3/c/3c87ba8045ff93b8bc85bf3676cca658/Chief+Justice+QLD+Bar+Assoc.pdf
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Judicial Appointments Bush's Judicial Appointments an Examination

Words: 1043 Length: 3 Pages Document Type: Essay Paper #: 83424362

Judicial Appointments

Bush's Judicial Appointments

An Examination of President George W. Bush's Judicial Appointments

During the eight years of his presidency George W. Bush appointed two Supreme Court justices, 61 Appeals Court judges, and 261 Federal District Court judges. Judicial appointments can be one of a president's longest lasting legacies. The people President Bush named to the judiciary will be making decisions and affecting policy long after he leaves office. Courts today, especially the Supreme Court and appeals courts, make policy that has just as much of an impact on Americans' lives as do the laws that Congress passes. President Bush recognized this fact and took his power to appoint judges very seriously.

According to Christopher Miles (2010) it is hard to know exactly how the nomination process worked in the White House because those involved in the process have remained relatively silent; however some details have come to light.…… [Read More]

References

American University (2009, July 10) George W. Bush's appointments emphasized ideology over diversity. Newswise. Retrieved August 16, 2011, from http://www.newswise.com/articles/george-w-bushs-court-appointments-emphasized-ideology-over-diversity

Biskupic, J. (2008, March 14). Bush's conservatism to live long in the U.S. courts. USA Today. USATODAY.com. Retrieved August 16, 2011, from http://www.usatoday.com/news/washington/2008-03-13-judges_N.htm

Eggen, D. (2008, October 7). Bush stresses judicial nominations. The Washington post. Washingtonpost.com. Retrieved August 16, 2011, from http://www.washingtonpost.com/wpdyn/content/article/2008/10/06/AR2008100602851.html

Miles, C. (2010). Cases and controversies: George W. Bush's appeals court nominations. Student pulse academic journal. 2.06. Retrieved August 16, 2011, from  http://www.studentpulse.com/articles/255/cases-and-controversies-george-w-bushs-appeals-court-nominations
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Judicial Review and Democracy the

Words: 1703 Length: 5 Pages Document Type: Essay Paper #: 69620938

Judicial review allows lawmakers to reflect changing morals and ideals when enacting legislation, but prevents them from allowing the hot-button topics of the moment to determine the laws of a nation. In fact, to really understand the success of judicial review, one need only look to the election in the Ukraine, where the Ukrainian Supreme Court may be the only body far-enough removed from party politics to ensure that Ukrainian voters have their say. If imitation is the sincerest form of flattery, Justice Marshall should be very flattered.

orks Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery ebsite. 2004. Arlington National

Cemetery ebsite. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.

Judicial review/Marbury v. Madison." National Legal Center for the Public Interest. 2002.

National Legal Center for the Public Interest 9 Dec. 2004 http://www.nlcpi.org/pdf/JudicialReviewMarburyvMadison.pdf#search='judicial%20review%20marbury'.

Linder, Doug. "Judicial…… [Read More]

Works Cited

The Gathering Storm." John Marshall: Definer of a Nation. 2003. DuPage County Bar

Association. 9 Dec. 2004 http:dcba.org/brief/sepissue/1997/art20997.htm.

Hugo Lafayette Black." Arlington National Cemetery Website. 2004. Arlington National

Cemetery Website. 9 Dec. 2004 http:www.arlingtoncemetery.net/hlblack.htm.
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Judicial Appointments Constitution Qualifications for the U S

Words: 889 Length: 2 Pages Document Type: Essay Paper #: 13704368

Judicial Appointments

Constitution

Qualifications for the U.S. Senate, U.S. House of epresentatives, & U.S. Presidency and The Equal Protection Clause of the Fourteenth Amendment

Which articles and sections deal with the qualifications that people must have in order to serve as a member of the House of epresentatives, as a Senator, and as President of the United States? How do those respective qualifications differ?

Article One, section 2, clause 2 of the U.S. Constitution stipulates the following qualifications for candidates to the U.S. House of epresentatives: No Person shall be a epresentative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Article One, section 3, clause 3 of the U.S. Constitution stipulates the following qualifications for candidates to the…… [Read More]

References

"Equal protection." (2008). West's encyclopedia of American law, 2nd ed. The Free Dictionary. Retrieved August 30, 2011, from  http://legal-dictionary.thefreedictionary.com/Equal+Protection+Clause 

Linder, D. (2011). Levels of scrutiny under the equal protection clause. Exploring constitutional conflict. Retrieved August 30, 2011, from  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/epcscrutiny.htm 

"The United States Constitution"(1787, September 17) .The United States constitution. Retrieved August 30, 2011, from  http://constitutionus.com/ 

"U.S. Constitution: Fourteenth Amendment." (1868, July 9). FindLaw.com. Retrieved August 30, 2011, from http://caselaw.lp.findlaw.com/data/constitution/amendment14/
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Offices in the Judicial System E G Prosecutor

Words: 6170 Length: 18 Pages Document Type: Essay Paper #: 98151251

offices in the judicial system, e.g. prosecutor, private attorney, public defender, and comparatively discuss the origin, development, behavior and relatedness of each to the other person would be considered till such a time, innocent of a crime, in the U.S. judicial system when he or she would be proved found guilty in a court of law by a jury of peers or common citizens. On the functioning of the U.S. court system, we find that the important elements of a democratic society would be the presumption of innocence and a just and speedy trial by the jury. The framers of the U.S. constitution in 1787 established the judicial branch of government. This involves the administration of justice at each and every level. This would include administering justice on the basis of separation of powers to the local justice of peace and the magistrates and starting from the U.S. Supreme Court.…… [Read More]

Works Cited

Gorin, Stuart. Overview of the U.S. Judicial System, Issues of Democracy, Vol. 2, No. 4, November 1997, pp.134-136

Feeney, Floyd and Jackson. "Public defenders, assigned counsel, retained counsel: does the type of criminal defence counsel matter?" Rutgers Law Journal 22 (1991) 361-362.

California. "The Role of Arbitration in the Judicial Process" Judicial Council of California Report 29, (1973) p.3

O'Connor, Sandra Day. "Broadening our horizons: why American lawyers must learn about foreign law." The Federal Lawyer Vol 8 (Sept. 1998) p.14.
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Current Trends in Due Process Lawsuits

Words: 2159 Length: 7 Pages Document Type: Essay Paper #: 24573374

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]

References

Bernstein, D.E. (2003, November). Lochner's legacy's legacy. Texas Law Review, 82(1), 1.

Bodenhamer, D.J. (2007). Our rights. Oxford: Oxford University Press.

Chapman, N.S. & McConnell, M.W. (2012, May). Due process as separation of powers. The Yale Law Journal, 121(7), 1672-1677.

Fifth amendment. (2014). Legal Information Institute. Retrieved from http://www.law.
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Legislative & Judicial Duties

Words: 1100 Length: 3 Pages Document Type: Essay Paper #: 1663900

Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.

Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case…… [Read More]

Works Cited

American Civil Liberties Union (ACLU). "Safe and Free: Restore our Constitutional Rights."

Retrieved February 7, 2008, at http://www.aclu.org.

Cornell University Law School. "United States Constitution: Article I." Retrieved February 7, 2008 at http://www.law.cornell.edu/constitution/constitution.articlei.html.

Cutler, Leonard. "Human Rights Guarantees, Constitutional Law, and the Military Commissions
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Hiring Process Within the Criminal

Words: 1187 Length: 4 Pages Document Type: Essay Paper #: 39867440

All judges of the above courts are appointed by the president with the approval of the Senate (USCourts, 2012).

In all cases, the court serves as the arena where disputes are argued, and a fair verdict pronounced. The court is normally, replete with what is called a workgroup which comprises the prosecutor, the attorney for the defense and Judge, apart from the various other court clerks, attorney's assistants and other court functionaries. The prosecuting attorney is to lay all facts and evidence and the details of crimes and witnesses before the honorable court and convince the court why the suspect should be found guilty and sentenced. The defense attorney will argue the case for his client and try to get him maximum remission (Lawrence, 1996). Having heard the arguments, of the defense and prosecution, the judge considers it thoroughly and provides a judgment.

Once the pretrial procedures are completed, and…… [Read More]

References

Justice.gov, (2012) Victim Witness Program, Available at
Richardson, L. (1988) "Jan Mayen in Perspective," American Journal of International Law, 82: 443-458

Ray Moses, (1998) JURY SELECTION, in Criminal Cases, Available at < http://criminaldefense.homestead.com/JurySelection.html

Lawrence, Z. (1996) Regionalism, Multilateralism, and Deeper Integration.
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Functions of Due Process in the Criminal Law System

Words: 1635 Length: 5 Pages Document Type: Essay Paper #: 97962405

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]

Bibliography

Criminal Procedure. (2010, August 19). Retrieved from Cornell University Law School: http://www.law.cornell.edu/wex/criminal_procedure

Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading. (2013). Retrieved from JRank:  http://law.jrank.org/pages/6315/Due-Process-Law.html 

Fifth Amendment. (n.d.). Retrieved from Cornell University Law School: http://www.law.cornell.edu/we/fifth_amendment

Procedural Due Process. (n.d.). Retrieved from University of Missouri:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/proceduraldueprocess.html
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Innovation in Business Process Management Cordys Innovation

Words: 2083 Length: 6 Pages Document Type: Essay Paper #: 76828468

Innovation in Business Process Management

Cordys: Innovation in Business Process Management

SWOT analysis identifying the issues facing CODYS

Strengths

The main strong point for Cordys is their UNIX programming software, which has made customers more independent of Cordys. The software is strong and has an incredible speed. Cordys has a provision of integrating different languages compared to similar programming software; features have been added to the localized programming software. Cordys' information is well organized. The company boasts on their products, which are their major strength that has generated a great user base. This has improved trust to their shareholders and customers. Moreover, Cordys are engaged in development work, which (workers have been allowed 25% of their time to focus on personal projects) encourages innovation thus, keeps Cordys in a moving condition (Saxena, & Bharadwaj, 2010).

Weaknesses

The management at Cordys has admitted that it is increasingly becoming impossible to strike…… [Read More]

References

Brocke, V., & Rosemann, M. (2010). Handbook on business process management introduction, methods and information systems. Berlin, Springer

Cruz-Cunha, M., & Varajao, J. (2011). E-business managerial aspects, solutions and case studies. Hershey, PA, Business Science Reference

Fleischmann, A. (2011). Subject-oriented business process management: Second International

Conference. Germany, Berlin, Springer.
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Change Process What When How and Why

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 68085737

Change Process

WHAT, WHEN, HOW and WHY

Organizational Change

Change happens everywhere and all the time (Jeritt, 2013). Everybody knows and sees this and must cope with it. It is evident in one's private world and beyond it, in the large physical environment and elsewhere. Elsewhere includes structured environments like organizations where business is conducted and problems develop and seek solutions. Problems and change appear either at random or from cause, frequently or seldom. Organizations have adapted themselves to see where and how problems develop, their causes and prepare for these. Many have adopted a proactive posture towards problems in anticipating them (Jeritt). The one response that business organizations know they must make in problem situation is change. It may be a sudden one during rough and unexpected economic situation or a threatening competition. It may also be a graduate one, which comes from a build-up of an understanding of…… [Read More]

BIBLIOGRAPHY

Baker, S.L. (1989). Managing resistance to change. Vol. 38 # 1, Library Trends: The

Board of Trustees: University of Illinois. Retrieved on April 29, 2013 from http://www.ideals.illinois.edu/bitstream/handle/2142/7649/librarytrendsv38i1h_opt.pdf

Consador, K. (2013). Organization change theory. eHow: Demand Media, Inc. Retrieved

on April 29, 2013 from  http://www.ehow.com/about_5389727_organizational-change-theory.html
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Forensic Dynamics in the Interviewing Process

Words: 1224 Length: 4 Pages Document Type: Essay Paper #: 29996921

Alter the Forensic Dynamics during an Interviewing Process

In this paper, we reveal how professional's attitudes, views, and knowledge do not necessarily match forensic research findings. Witness issues will then be discussed concerning research community. The study identifies some of the key factors that can alter or improve forensic dynamics during the interviewing process. This study focuses primarily on forensic dynamics relating to the interviewing young children and the associated challenges.

Expert knowledge and attitudes

It has been proven that professionals and social researchers (biased) towards information confirming their initial beliefs by refuting established opinions. Once established, beliefs and impressions challenged to contrary proof. Thus, belief systems and generalization can create a confirmation prejudice that may result in faulty understanding and wrong presentation, adversely affecting important decisions. egarding child victimization situations, such prejudice may result in dramatic repercussions presenting a serious risk to a person's legal rights or presenting a…… [Read More]

Reference

Bull, R., Valentine, T., & Williamson, T. (2009). Handbook of psychology of investigative interviewing: Current developments and future directions. Chichester, UK: Wiley and Sons, Inc.
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Psychological Process That Leads to Terrorism The

Words: 1156 Length: 3 Pages Document Type: Essay Paper #: 55338255

psychological process that leads to terrorism. The author achieves this through using a metaphor that narrows down a staircase that leads to the act of terrorism at the top of a building. This staircase usually leads to higher and higher floors, one remaining on a particular floor is dependent on doors, and spaces, which the person imagines, are going to open to them on that particular floor. This staircase of terrorism has a ground floor and five higher floors. A particular psychological process characterizes the behavior in each of the floor. The ground floor is occupied by majority of the people here what matters most are fairness and just treatment perceptions. People then climb to the first floor and they try out different floors in search of solutions to their perceived unjust treatment. The second floor is where the individuals have misplaced aggressions that influence their terrorist acts. Those who…… [Read More]

Resources

Fathali, M.(2009).The staircase to terrorism. A psychological exploration.
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Job Analysis Is the Process of Identifying

Words: 1027 Length: 3 Pages Document Type: Essay Paper #: 48751685

job analysis is the process of identifying the best person for a job based on examining the tasks performed, the competencies required to perform those tasks, and the connection between the task and the competencies ("Assessment & Selection," 2013). Performing such an analysis allows the company to better understand the requirements of a given job in the hopes of finding the person best suited to fill the role. There are four main elements involved in performing a thorough job analysis. The first is a description of the work activity that is gathered through a vigorous review of the job and the all the tasks related to adequately performing the work. Second, the knowledge, skills, and abilities or competencies required to perform the job are assessed and catalogued. A large amount of data is compiled to study the range of allowable job performance and the characteristics of the workplace (Prien, Goodstein,…… [Read More]

References

Assessment & selection: Job analysis. (2013). U.S. Office of Personnel Management. Retrieved February 28, 2013 from:

 https://www.opm.gov/policy-data-oversight/assessment-and-selection/job-analysis/ 

Biddle, D.A. (2008). Are the Uniform Guidelines outdated? Federal guidelines, professional standards, and validity generalization. The Industrial-Organizational Psychologist, 45(4),

17-23.
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Unfairness American Judicial System

Words: 3777 Length: 13 Pages Document Type: Essay Paper #: 62719450

Unfairness in the American Judicial System

The objective of this study is to examine unfairness in the American Judicial System. Toward this end, this study will conduct a review of the literature in this area of inquiry that is academic and professional peer-reviewed literature.

There is an existing myth in today's American society that the American Judicial System is 'fair'. However; the belief of this myth is due to societal conditioning and traditionally held beliefs about the American Judicial System and is not based on the reality of today's American Judicial System and its practices, principles, and processes.

There is presently a high level of unfairness in the American Judicial System evidenced by diverse sentencing guidelines and laws and by the mass incarceration of individuals from vulnerable poverty stricken communities and specifically mass incarceration of those of a minority race and those who have committed drug offenses highlights the present…… [Read More]

References

Malese, M. (2013) Principles of Justice and Fairness. Original Publication July 2003. Retrieved from: http://www.beyondintractability.org/essay/principles-of-justice

Crossroad on Alliance for Justice (2011) Brennan Center for Justice. Retrieved from: https://www.brennancenter.org/blog/courts-matter-and-so-do-rules-keep-them-fair

Hang, N. (2012) RACE AND THE CRIMINAL JUSTICE SYSTEM: A STUDY OF RACIAL BIAS AND RACIAL INJUSTICE. Retrieved from: http://digitalcommons.calpoly.edu/cgi/viewcontent.cgi?article=1104&context=socssp

Kozy, J. (2011) The American Legal System: A Ball Game Played by Lawyers and Jurists. Global Research. 15 Nov. 2011. Retrieved from: http://www.globalresearch.ca/the-american-legal-system-a-ball-game-played-by-lawyers-and-jurists/27684
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Ethnicity Influences Courtroom Proceedings and Judicial Practices

Words: 1021 Length: 3 Pages Document Type: Essay Paper #: 93475854

ethnicity influences courtroom proceedings and judicial practices.

The law making against racial discrimination has reduced the intensity of ethnical influences on courtroom proceedings yet the judicial practices are not free from the impurities of racist impact. Some ethnic backgrounds offer less educational facilities due to poverty that leads to criminal activities. Thus these ethnic groups are more involved in criminal judicial practices than the others. The minds of police are often convinced that there are more tendencies towards crime in one ethnic group than the other. The biased police as well as justice behavior towards an ethnic group influences the court room proceedings and may result into unfair decisions. Muslims are for example considered extremists mainly after the events of 9/11 thus they are judged more critically than the others in court room proceedings. Katherine (2007) believes that despite liberal era of 21st century, the judicial system could not uproot…… [Read More]

References

Katherine, R., (2007), "Race, Ethnicity, and the Criminal Justice System," American

Sociological Association, Retrieved from:  http://www.asanet.org/images/press/docs/pdf/ASARaceCrime.pdf '

Race in the Criminal Justice System, (2011), Retrieved from:

 https://lib.law.washington.edu/content/guides/racecrim
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Broad Judicial Discretion Regarding Juvenile Delinquency With Focus on the Future of Juvenile Justice

Words: 3688 Length: 12 Pages Document Type: Essay Paper #: 20953314

Future ole of the Juvenile Justice System in the United States

Young people are naturally prone to experimentation and impulsive behaviors that frequently result in their involvement with the law enforcement community, and police officers today generally enjoy wide latitude in resolving these incidents. In fact, in some if not most cases, police officers can release young offenders into the custody of their parents or guardians without the further involvement of the criminal justice system. Even when young offenders are arrested, though, the juvenile justice system tends to afford them with more leniency than their adult counterparts, due in part to the view that the role of the juvenile justice system is to rehabilitate rather than punish. These enlightened views of juvenile justice, though, are being replaced with "get-tough-on-crime" approaches in some states, and there remains a paucity of standardized models for states to follow. To gain some fresh insights…… [Read More]

References

Alridge, D.P. (2005, Summer). Introduction: Hip hop in history: Past, present, and future. The Journal of African-American History, 90(3), 190-193.

Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.

Boyd, T. (2002). The new H.N.I.C.: The death of civil rights and the reign of hip hop. New York:

Brookins, G.K. & Hirsch, J.A. (2002, Summer). Innocence lost: Case studies of children in the juvenile justice system. The Journal of Negro Education, 71(3), 205-210.
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Administrative Agencies and Due Process

Words: 3262 Length: 10 Pages Document Type: Essay Paper #: 29907117

Administrative Agencies and Due Process

In 1866, the Civil Rights Act was ratified. This was in response to the tremendous amounts of pressure that nation was experiencing in the aftermath of the Civil War. As, Congress wanted to: protect the rights of former slaves and individuals who were deprived of them. Where, it gave citizens the ability to sue organizations and individuals that were engaging in actions that were designed to limit these basic protections. Part of the reason for this was because, Congress wanted to safeguard former slaves and minorities from being discriminated against. ("The Civil Rights Act of 1866," 2011)

However, as time went by it became apparent that the more added protections were needed to ensure that everyone was given the same safeguards under the law. As a result, Congress passed the 14th Amendment to the U.S. Constitution. The established four basic principals that were designed to…… [Read More]

Bibliography

Board of Regents of the State Colleges v. Roth. (n.d.). Cornell University. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0408_0564_ZO.html

Ceriorari. (2011). The Free Dictionary. Retrieved from:  http://www.thefreedictionary.com/certiorari 

The Civil Rights Act of 1866. (2011). Spartacus. Retrieved from: http://www.spartacus.schoolnet.co.uk/USAcivil1866.htm

Cleveland Board of Education vs. Loudermill. (n.d.). UMKC. Retrieved from:  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/Loudermill.html
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Rights of the Accused the Due Process

Words: 720 Length: 2 Pages Document Type: Essay Paper #: 99595167

ights of the Accused

The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]

References:

Carey, G.W. (2011, October 5). Due Process. Retrieved October 29, 2012, from http://www.firstprinciplesjournal.com/articles.aspx?article=867&theme=home&loc=b

"Chapter 8 -- Rights of the Accused." (n.d.). Rights of the People. Retrieved from InfoUSA

U.S. Department of State website: http://infousa.state.gov/government/overview/accused.html

"Due Process." (n.d.). Lectric Law Library. Retrieved October 29, 2012, from   http://www.lectlaw.com/def/d080.htm
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A brief review of intelligence handling processes

Words: 1735 Length: 5 Pages Document Type: Essay Paper #: 37715243

gathering and using knowledge as a basis for making decisions in formal settings is an old one. If one is to gain advantage over their rivals, it is essential to gather updated knowledge that is also accurate with regard to what they intend to do and their capabilities. The principle applies across a wide range of fields including military strategies, politics, criminal intelligence circles and business. Further, it is a continually evolving process. It has been changing in response to socio-cultural factors, higher advanced analytical skill requirements, organizational demands, and even technology. Review of the roots of intelligence and the analytical procedures as a pre-occupation and profession is a consultative activity. Such analysis of the background of intelligence processes helps us to understand the past, the present and help anticipate the future. We also learn, in the process, that intelligence gathering is an ever evolving field. Consequently, if the practice…… [Read More]

Bibliography

CIA. (n.d.). Signals Intelligence Activities. Retrieved from cia.gov: https://www.cia.gov/library/reports/Policy-and-Procedures-for-CIA-Signals-Intelligence-Activities.pdf

Erickson, M. H. (1929). Study of the Relationship Between Intelligence and Crime. Journal of Criminal Law and Criminology.

Manget, F. F. (2006). INTELLIGENCE AND THE CRIMINAL LAW SYSTEM. STANFORD LAW AND POLICY REVIEW, 415.

Ratcliffe, J. H. (2007). Integrated Intelligence and Crime Analysis. Police Foundation.
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Job Analysis Is the Process of Gathering

Words: 720 Length: 2 Pages Document Type: Essay Paper #: 58032240

Job analysis is the process of gathering, analyzing, and synthesizing information about jobs (Busi, 2012). It is a critical part of human resources management. It functions to provide answers to questions such as: How much time does it take to complete important tasks?, Which tasks comprise a particular job?, How can a job be structured to enhance employee performance?, and What capabilities and behaviors are needed to perform the job?. A job description is often considered the most important result of job analysis. It lists the duties associated with a role, representing a written summary of the job as an identifiable organizational unit.

The importance of job analysis goes beyond a mere review of a specific role. It actually informs every other aspect of work in human resources (Busi, 2012). For example, recruitment requires an adequate job description to advertise the duties of a position. Similarly, selection and training rely…… [Read More]

References

Busi, D. (2012). Creating value through simple structured job analysis. Supervision, 73(7), 8-13.
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Contract Dispute Resolution Is Significant Because There

Words: 1090 Length: 3 Pages Document Type: Essay Paper #: 57125334

Contract dispute resolution is significant because there is always a chance there will be a problem with a contract at some point while it is in effect. At that time, there are both administrative and judicial processes that are available for disputing contract problems. These processes can be used to resolve problems with contracts in order to determine who is "right" and "wrong" when it comes to the dispute. By resolving the dispute carefully and properly, the rest of the contract can often remain in effect and part of the contract can simply be modified. If that does not work, it may be possible to nullify and void the contract in a way that is satisfactory to both parties, or to the party that was "in the right" in the dispute over terms and conditions contained within the contract. If one or both parties breaches a contract, it can become…… [Read More]

References

ABA. (2011). What you need to know about dispute resolution: The guide to dispute resolution processes. American Bar Association. Retrieved from http://www.abanet.org/dispute/draftbrochure.pdf

Lynch, J. (2001). ADR and beyond: A systems approach to conflict management. Negotiation Journal, 17(3): 213.

Schwartz, D.S., (2010). Mandatory arbitration and fairness. 84 Notre Dame L. Rev. 1247.
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Alternative Dispute Resolution

Words: 1396 Length: 4 Pages Document Type: Essay Paper #: 99526586

Alternative dispute resolution (AD) is a dispute resolution process that acts as a means of using an external party to settle disagreements between two parties Colbran, 2012.

AD has now become widespread and accepted by many states and counties in the United States. In the recent past, some courts have demanded that some parties use AD to settle their cases. If the mediation process of AD does not reach an agreement then the parties' case can be tried in court. Due to the increasing caseload of traditional courts, AD has gained popularity. This is because AD involves fewer costs, provides confidentiality, and it also offers greater control for the parties to select the individuals deciding their dispute. AD is classified into four categories namely mediation, negotiation, arbitration, and collaborative law. Divorce mediation is the preferred method for resolving any divorce case before the case can proceed to court for a…… [Read More]

References

Colbran, S. (2012). Alternative dispute resolution.

Thomson, M. (2011). Alternative modes of delivery for family dispute resolution: The Telephone Dispute Resolution Service and the online FDR project. [Article]. Journal of Family Studies, 17(3), 253-257.

Ver Steegh, N. (2008). Family court reform and ADR: Shifting values and expectations transform the divorce process. Fam. LQ, 42, 659.

Vu, T.D. (2009). Going to Court as a Last Resort: Establishing a Duty for Attorneys in Divorce Proceedings to Discuss Alternative Dispute Resolution with Their Clients. Family Court Review, 47(3), 586-599.
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Justice Administration

Words: 742 Length: 2 Pages Document Type: Essay Paper #: 72320841

Justice Administration

The United States judicial system is ranked among the most sophisticated systems in the world. Each and every day there are thousands of people who include officers for law enforcement, judges, lawyers, accused criminals and officials in the government take part in the system with the hope that they will settle disputes and work towards the achievement of justice. This system is quite remarkable since it operates successfully in a country which is quite large and diverse. There are various elements of the criminal justice system in the U.S. these include criminal courts, arraignments, trials, sentencing, booking, bargaining of a plea, jury, punishment, appeals and so on. Within these systems there are elements that work quite well when it comes to the completion of the entire judicial process (Silverman, 2012).

The existence of criminal courts within the judicial system of the U.S. is an element that has made…… [Read More]

References

Silverman, J. (2012). How the Judicial System Works. Retrieved August 22, 2013 from http://www.howstuffworks.com/judicial-system.htm
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Hybrid Rulemaking

Words: 1272 Length: 4 Pages Document Type: Essay Paper #: 40534821

Administrative Law and Procedure Act Delegation Doctrine

Administrative law is a subtype of the public legal framework. Administrative law developed as a legal setup to govern the actions of administrative bodies in the country. Governmental agencies have the power to create new laws, and they have the authority to enforce a specific piece of legislation as well. The core objective behind operationalization of administrative agencies is to provide safety to public. The same set of laws works to provide legal service to the people, so that their conflicts can be managed in a civilized way. Administrative law covers the important sectors of the judiciary, environmental management, production, corporate actions, and broadcasting. Additionally, administrative law covers the public policy about taxations, immigrations, and transport (Stewart, 1975). The volume of administrative law increased in the past century. Governments all around the world created an increasing number of agencies in order to regulate…… [Read More]

References

Bevan, C. (2013). Interpreting Statutory Purpose -- Lessons from Hemshaw v London Hounslow Borough. Modern Law Review Vol 76 (4), 735-756.

Stewart, R.B. (1975). The Reformation of American Administrative Law. Harvard Law Review Vol 88 (8), 1667-1813.

Williams, S.F. (1975). "Hybrid Rulemaking" under the Administrative Procedure Act: A Legal and Empirical Analysis. The University of Chicago Law Review Vol 48 (3), 401-456.
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Delinquent Cases

Words: 1749 Length: 6 Pages Document Type: Essay Paper #: 53828475

role of media in effecting the human perception regarding Juvenile Delinquency. The orks Cited five sources in MLA format.

Delinquent cases

Media affects our view of the world and the issues therein. This is because, "media messages are cultural products that communicate norms and standards" (Descartes & Kottak) As Dow views, "television programming (is) public discourse that carries important meanings for its viewers, meanings that cannot be separated from their links to the larger context in which television is created and received" (Descartes & Kottak).

hen extended to other forms of media, the above observation remains valid. Sequentially, the media in its own way has addressed issues pertaining to both work-family and the changing roles of parents thereby leaving a strong impact on its consumers, bringing about a change in their perceptions of various issues accordingly.

Therefore, it can be safely culminated that "the media both reflect and help shape…… [Read More]

Works Cited

Descartes L. & Kottak C. Media and the Work/Family Interface. Retrieved March 05, 2003 at http://www.ethno.isr.umich.edu/papers/ceel007-00.pdf

Nichols T. Interview with attorney of 12-year-old charged with murder in Michigan: "This is a test case to try any child as an adult." Retrieved March 05, 2003 from World Socialist Web Site at http://www.wsws.org/news/1998/aug1998/atty-a28.shtml

Kaufmann S. The American crackdown on youth crime has little to do with justice and everything to do with politics; Old enough to kill, old enough to be executed The Guardian Weekly Volume 160 Issue 1 for week ending January 3, 1999,-Page 7. Retrieved March 05, 2003 at http://www.hokuriku-u.ac.jp/p- ruthven/the_debate/juveniles.txt.WebConcordance/juveniles.txt1.htm)

Court TV Online Trials. Text of Nathaniel Abraham's Sentence, January 26, 2000. Retrieved March 05, 2003 at http://www.courttv.com/trials/abraham/sentence_text_ctv.html
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Criminal Justice System in Two Countries

Words: 4897 Length: 12 Pages Document Type: Essay Paper #: 49687414

Criminal Justice System

Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee for appeal and fundamental rights protecting the citizens in both the nations. The Dependant Variables hence comprise of use of force and even firearms against those in detention and secondly custodial executions and deaths.

Defining extrajudicial executions and deaths in detentions:

Extra judicial killing is the act of execution or subjecting an under trial to violent acts that may result in death of the person. Such uses of force or acts of violence precede, supersede or bypass any due judicial…… [Read More]

References

Ackerman, S.R. (n.d.). Independence, political interference and corruption. Retrieved from: http://www.google.com.pk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CB8QFjAB&url=http%3A%2F%2Fresources.transparency.bg%2Fdownload.html%3Fid%3D674&ei=nmSFVJjfJsX3UIzXgpAL&usg=AFQjCNG3iXhyvEpGajwTxpO_2SO2oFiECw&sig2=qZhx2nM7AmhxVKqpdVdtOA&bvm=bv.80642063,d.d24

BAR Human Rights Committee of England and Wales. (2010). A Place in the Sun Zimbabwe: A Report on the state of the rule of law in Zimbabwe after the Global Political Agreement of September. Retrieved from: www.barcouncil.org.uk/media/144602/7351_bhrc_zimbabwe_report.pdf

Barkow, R.E. (2008). Institutional Design and the Policing of Prosecutors: Lessons from Administrative Law. Stanford Law Review 61, 869-922.

Barzelay, M. (1992). Breaking through bureaucracy. Berkeley: Univ. Of CA Press.
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Jury System of the United

Words: 2710 Length: 10 Pages Document Type: Essay Paper #: 57184428



Another difference between the American juror system and the Venuzuela escabino system is the number of participants. In the American juror system there are 12 jurors seated with several alternatives on the ready. This means if one of the chosen jurors cannot serve completely through to the end then one of the alternatives will step in and take that jurors place. As an alternative the juror is expected to listen as attentively as if he or she were an actual juror and not an alternate. This way, if the alternate has to step in then he or she is already apprised of the same evidence and testimony that the regular jury has received thus far.

The escabino system and the jury system have a commonality when it comes to confidentiality. Both system instruct the participants to not discuss the cases that they are hearing outside of the courtroom or jury…… [Read More]

Works Cited

Jury Reform

     http://www.constitution.org/jury/jury.htm     

Frequently Asked Questions for the Jury Commission

http://www.19thcircuitcourt.state.il.us/faqs/jury_f.htm
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Arbitration Mediation and Other Adrs in the Judiciary

Words: 3316 Length: 10 Pages Document Type: Essay Paper #: 91925294

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]

References

ADR Case Outcomes. (n.d.). NYCourts.gov. Retrieved from https://www.nycourts.gov/ip/adr/AllCases.shtml

Belson, K. (2015). Judge erases Tom Brady's suspension; NFL says it will appeal. The New York Times. Retrieved from  http://www.nytimes.com /2015/09/04/sports/football/tom-brady-suspension-deflategate.html?_r=0

Carrington, P. (1984). Civil procedure and alternative dispute resolution. Journal of Legal Education, 298: 298-306.

Chau, K. (2007). Insight into resolving construction disputes by mediation/adjudication in Hong Kong. Journal of Professional Issues in English Education Practice, 143: 143-147.
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Peace Justice and Reconciliation Following

Words: 1924 Length: 4 Pages Document Type: Essay Paper #: 67376544

Victims can participate in the proceedings, presenting their voices and concerns. They are invited, and it would be good for us if they present their concerns in court. They can also request compensation from those under investigation.

It will be a demanding process and there could be delays and setbacks. Our first trial was stayed two times. We had to appeal the genocide charges against President Al Bashir. So there will be fights in court. We will persist and do our part. We count on your support. But I want to be clear: we will not go further than these six individuals. We are helping Kenya to start, to break impunity. Kenyans will decide on their own way forward.

Doing justice for massive crimes is a long journey. Different countries have chosen different paths. South Africa is well-known for its truth commission, in Argentina we started prosecuting the top leaders…… [Read More]

Reference

Kofi Annan Foundation (2010). "Kenya National Dialogue and Reconciliation, Two Years On,

Where Are We?" Statement by Luis Moreno Ocampo, Prosecutor of the International Criminal Court. http://kofiannanfoundation.org/newsroom/speeches/2010/12/kenya-national-dialogue-and-reconciliation-two-years-where-are-we-statemen
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New Zealand Constitutional Arrangements Needing Reform New

Words: 1626 Length: 5 Pages Document Type: Essay Paper #: 86365251

New Zealand Constitutional Arrangements

NEEDING REFORM

New Zealand's Constitutional Arrangements

A truly effective and relevant Constitution must completely reflect the values and norms of society's leaders and their followers (CAC, 2005). Prime movers in New Zealand believe that fundamental issues about its constitutional arrangements warrant the widest popular discussion and approval and the creation of corresponding reforms. One of these issues is the lack of a written Constitution. New Zealand is one of the only three modern nations today without a codified Constitution. The arguments favoring writtenness demonstrate its superiority. Hence, one of the reforms is the creation of a written Constitution (Salgado, 2012; Martin, 2012; Pek, 1980). The Constitutional Advisory Panel is inviting all New Zealanders to participate and express their views on this reform. Public engagement in the exercise will occur in 5 stages after which collective views will be transmitted to the Ministers for legislation (Scoop, 2012).…… [Read More]

BIBLIOGRAPHY

CAC (2005). Inquiry to review New Zealand's existing constitutional arrangements.

Constitutional Arrangements Committee. 47th Parliament. Retrieved on August 14,

2012 from http://www.parliament.nz/NR/rdonlyres/575B1B52-5414-495A-9BAF-C9054195AF02/15160/DB5CH_SCR_3229_2302.pdf

Martin, V. (2012). The disadvantages of an uncodified constitution. eHow: Demand
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Legal System of America

Words: 3469 Length: 10 Pages Document Type: Essay Paper #: 29907275

Criminal Justice Agency

The American legal system is very systematic and works amazingly well. It's complicated given its intricacy as its framework is argumentative. The Supreme Court sometimes changes the law as it holds that authority. The Supreme Court decides which laws are to be upheld and which are to be altered. Learning the court system can be a tough ask but not an impossible one. In this research paper, the aim is to break down the American law into layman language. It will start from legal system of U.S. And shift to court systems. Then different kinds of courts will be examined whilst examining their separate duties.

Prelude

The constitution is responsible for the entire American legal system. The American constitution is the ultimate law on American soil. The public is bound by this American constitution as it shapes their actions accordingly. The American public is answerable under the…… [Read More]

References

Barak, A. (2008). The Judge in Democracy. Princeton, NJ: Princeton University Press.

Baum, L. (2013). American Courts: Process and Policy. Boston: Houghton Mifflin Co., 2013.

Bonfield, L. (2006). American law and the American Legal System in a Nutshell. Publisher St. Paul, MN: Thomson/West.

Carp, R et al. (2007). Judicial Process in America. Washington, D.C.: CQ Press.
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Fifth Amendment to the Constitution

Words: 1350 Length: 4 Pages Document Type: Essay Paper #: 93438019

Or, as Saletan points out, those three elements "by deduction, are the due process test" (2011).

But this ought to leave a bad taste in one's mouth because all three of these elements can be manipulated to violate one's due process right.

"hich leaves us with an awkward bottom line. If the target is a suspected terrorist, "imminence" can be redefined to justify killing him. If the weapon is a drone, feasibility of arrest has already been ruled out -- that's why the drone has been sent to do the job. So in any drone strike on a U.S. citizen suspected of terrorism, only one of the three questions we supposedly apply to such cases is really open: Has he been fighting alongside al-Qaida? If he has, we can kill him. That's the same rule we apply to foreigners. In effect, citizenship doesn't matter. The "due process" test is empty"…… [Read More]

Works Cited

Cornell University Law School. (n.d). Bill of Rights from Cornell University Law

School. Retrieved from:

http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv.

Lithwick, D. (2011, July 14). Murder Conviction Most Foul: What Justin Wolfe's case in Virginia tells us about death row cases everywhere. Slate.com. Retrieved from http://www.slate.com/articles/news_and_politics/jurisprudence/2011/07/murder_c
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Application of DNA in California in Criminal Cases

Words: 7716 Length: 28 Pages Document Type: Essay Paper #: 53029376

DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science

This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole.

DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's DNA can be compared to evidence from the crime scene. Crime scene evidence can also be linked to other crime scenes through the use of DNA databases. DNA evidence is generally linked to DNA offender profiles through DNA databases. In the late 1980's, the federal government laid the groundwork for a system of national, state, and local DNA databases for the storage and exchange of DNA profiles. This system, called the Combined DNA Index System (CODIS), maintains DNA…… [Read More]

References http://www.questia.com/PM.qst?action=openPageViewer&docId=5000387878

California at a crossroads: social strife or social unity?. (1995). Social Justice, 22(3), 53+. Retrieved May 17, 2003, from Questia database, http://www.questia.com. http://www.questia.com/PM.qst?action=openPageViewer&docId=5000705591

Beyond double helix, chemistry and crime. (2002, March 3). The Washington Times, p. B06. Retrieved May 17, 2003, from Questia database, http://www.questia.com. http://www.questia.com/PM.qst?action=openPageViewer&docId=5000843271

Firing blanks on ballistic prints. (2002, October 21). The Washington Times, p. A17. Retrieved May 17, 2003, from Questia database, http://www.questia.com. http://www.questia.com/PM.qst?action=openPageViewer&docId=5000840822

Target practice. (2002, October 14). The Washington Times, p. A06. Retrieved May 17, 2003, from Questia database, http://www.questia.com. http://www.questia.com/PM.qst?action=openPageViewer&docId=5001698243
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Equal Protection

Words: 1550 Length: 5 Pages Document Type: Essay Paper #: 88849960

Amendments to the Constitution

In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)

At the heart of these issues…… [Read More]

References

Hess, J. (2014). Constitutional Law and the Criminal Justice System. Mason, OH: Southwestern.

Parpworth, N. (2012). Constitutional and Administrative Law. Oxford: Oxford University Press.

Stering, R. (2004). Police Officers Handbook. Sudbury, MA: Jones & Bartlett.

Strauss, D. (2010). The Living Constitution. New York, NY: Oxford University Press.
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Israel's Security Policies Relating to

Words: 4812 Length: 10 Pages Document Type: Essay Paper #: 62669521



On October 6, 1973, Israel was attacked by the combined forces of Egypt and Syria. It was Yom Kipper, the most sacred day in the Jewish calendar. Egypt began as Israel had, with an air attack. On the ground, Israel was outnumbered six to one, fielding only about 200,000 soldiers against a combined force of over 1,150,000 Arab troops. Once again, the Soviet Union was involved, sending over 1,000 tons of weapons and ammunition to Egypt and Syria during the early days of the war. The United States was forced to intervene. On October 13, President Richard Nixon ordered an airlift of military supplies, enabling Israel to sustain its forces. After initial success, the war had gone against the Arabs and eventually Egyptian President Anwar Sadat appealed to the Soviet Union to save them. Following negotiations in Moscow on October 21, U.S. Secretary of State, Henry Kissinger flew to Tel…… [Read More]

Bibliography

The Anti-Terrorist Fence - an Overview." 9 July 2005 http://securityfence.mfa.gov.il/mfm/data/48152.doc.

Bregman, Ahron. A History of Israel. New York: Palgrove MacMillan, 2003.

Chomsky, Noam. "A Wall as a Weapon." The New York Times 23 February 2004. 9 July 2005 http://www.commondreams.org/views04/0223-02.htm.

Crock, Stan. "Israel's Wall: A Step toward Peace?" Business Week Online 18 July 2002. 9 July 2005 http://www.businessweek.com/bwdaily/dnflash/jul2002/nf20020718_1722.htm.
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Victims and Criminal Justice Victimization Victims and

Words: 2878 Length: 9 Pages Document Type: Essay Paper #: 44031505

Victims and Criminal Justice

Victimization, Victims and Criminal Justice

Based on your understanding of routine activity theory, discuss (1) why or why not this theory can be used to guide our research on the victim-offender overlap and (2) what theory (or theories), beyond the routine activity theory, will be useful for advancing our understanding of the victim-offender overlap based on your assessment of what we do not know about the victim-offender overlap.

outine activity theory requires that there be thee conditions present at the same time and in the same space. As one author puts it "Crime is a complex phenomenon that occurs when an offender, a victim and a law intersect in time and space" (Andresen, 2006). Another interpretation is that it is the offender, a target (this does not have to be a person but has to be something that offers itself to the opportunity) and the absence…… [Read More]

References

Andresen, M.A. (2006). A Spatial analysis of crime in Vancouver, British Columbia: A synthesis of social disorganization and routine activity theory. The Canadian Geographer, 50(4), 487+.

Blondel, E.C. (2008). Victims' rights in an adversary system. Duke Law Journal, 58(2), 237+.

Bouchard, M., Wang, W., & Beauregard, E. (2012). Social capital, opportunity, and school- based victimization. Violence and Victims, 27(5), 656+.

Campbell, R. (2005). What really happened? A validation study of rape survivors' help-seeking experiences with the legal and medical systems. Violence and Victims, 20(1), 55+.
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Political Science Annotated Bibliography the Purpose of

Words: 4560 Length: 15 Pages Document Type: Essay Paper #: 55177510

olitical Science

Annotated Bibliography

The urpose of a olitical Court

In the view of Henry J. Abraham (Abraham 1998, 55), "theoretically," just about any qualified law school graduate with ambitions for an important judicial appointment would appear to have a fair chance at being nominated to the U.S. Supreme Court. That is providing, of course, the candidate is politically "available" and is, in Abraham's words, "acceptable to the executive, legislative, and private forces that, in the order enumerated, constitute the powers-that-be underlying the paths of selection, nomination, and appointment in the judicial process." key phrase in Abraham's criteria is "acceptable to the...legislative" body; as has been witnessed in the past few days and weeks, some of the conservative judicial nominees - not for the High Court but put forward by resident George W. Bush for federal appeals courts slots - have not been "acceptable" to a sufficient number of U.S.…… [Read More]

Peter W. Sperlich. "...And then there were six: the decline of the American Jury," in Judicial Politics: Readings from Judicature, ed. Elliot E. Slotnick (Chicago: Nelson-Hall, 1992), 244.

Michael C. Munger, "Comment on Ferejohn's 'Judicializing Politics, Politicizing Law'," Law and Contemporary Problems 65 (Summer 2002): 87.

Jonathan Harr, A Civil Action (New York: Random House, 1995), 488.
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British Electoral System Reform Over

Words: 7210 Length: 20 Pages Document Type: Essay Paper #: 56991185

The Constitution is based on several key principals the most notable would include: separation of powers as well as checks and balances. Separation of powers is when there are clearly defined powers that are given to the various branches of: the government, the federal government and the states. Checks and balances is when one branch of the government will have the power to the check the authority of another branch. (Wood) for example, the Constitution would specifically spell out various powers of the executive branch. During the course of exercising these different powers, a citizen brings a lawsuit against the government in the judicial branch. Where, they claim that the actions that the executive branch is taking are unconstitutional. In this particular case, the executive branch would work off of the powers given to them in the Constitution. When they begin to overstep these boundaries, another branch of the government…… [Read More]

Bibliography

"British Political Parties." Politics Resources. 2010. Web. 29 Apr. 2010.

"Fuel Efficiency Standards Hiked for 2011." MSNBC. 27 Mar. 2009. Web. 28 Apr. 2010.

"Key British Political Parties Pursuing Lilly Allen." One Indie. 2010. Web. 29 Apr. 2010.

"Markets in New Territory in Three Party Britain." Thompson Reuters. 26 Arp. 2010. Web. 29 Apr. 2010.
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International Development Law and Banking and Finance Law

Words: 9595 Length: 30 Pages Document Type: Essay Paper #: 48754475

English Right of Set-Off and Combination in the Circumstance of Insolvency

The right of combination and set-off, as developed under English law offer a number of safeguards to banks and creditors in general. These rights were expanded under the principles that they were necessary to effect substantial justice and that they would stimulate economic growth and trade. In the following paper, I suggest that the judicial application of these rights has tended to unfairly favor banks at the expense of the individual customer, which may initially stimulate growth by encouraging banks to provide loans, but in the long-term may serve to deteriorate trade, particularly at the international level. Customers in other countries, particularly civil law countries, experience much more risk when they do business with an English bank, and hence may be better off refraining from bringing their enterprises there, or at any rate must be extremely careful in drawing…… [Read More]

Works Cited

Aldrich, George. The jurisprudence of the Iran-United States Claims Tribunal. New York: Oxford University Press (1996)

Collier, John & Lowe, Vaughn. The Settlement of Disputes in International Law: Institutions and Procedures. New York: Oxford University Press (1999)

Pritchard, Robert. ed. Economic Development, Foreign Investment and the Law: Issues of Private Sector Involvement, Foreign Investment and the Rule of Law in a New Era. Boston: Kluwer Law International, International Bar Association. (1996)

Jan Paulsson, Nigel Rawding, Lucy Reed, Eric Schwartz, The Freshfields Guide to Arbitration & ADR (2nd revised ed.), Boston: Kluwer Law International (1999)
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Dual Court System in the

Words: 4296 Length: 10 Pages Document Type: Essay Paper #: 97507521

S. COUT SYSTEM FUNCTIONS (http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm)."

The highest tier of this federal system is the United States Supreme Court. This court has nine Supreme Court Justices who are appointed for the term of their life unless they choose to step down. A majority is not needed to win a Supreme Court hearing request. If four of the nine think the case brought before them is worth hearing then the case will be heard.

STATE COUTS

Below is a list of the typical types of cases that may be heard by a state court. http://www.uscourts.gov/outreach/resources/fedstate_lessonplan.htm

Cases involving the state constitution -- Cases involving the interpretation of a state constitution.

State criminal offenses -- Crimes defined and/or punished by the state constitution or applicable state statute. Most crimes are state criminal offenses. They include offenses such as murder, theft, breaking and entering, and destruction of property.

Tort and personal injury law -- Civil…… [Read More]

REFERENCES

HOW the U.S. COURT SYSTEM FUNCTIONS

http://usinfo.state.gov/journals/itdhr/0999/ijde/fine.htm

Courts in the United States   http://www.lectlaw.com/files/jud01.htm  

Respecting State Courts: The Inevitability of Judicial Federalism (Contributions in Legal Studies) by Michael E. Solimine and James L. Walker (Hardcover - Dec 30, 1999)
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Individuals Unfamiliar With How the

Words: 2421 Length: 8 Pages Document Type: Essay Paper #: 66982485



In examining sentencing options, judges are free to look at mitigating circumstances that might limit the term of the sentence but they are also free to look at factors surrounding the case that might serve to enhance the sentence. Once such enhancing factor is the degree to which the defendant's behavior served to indicate some measure of viciousness or abuse. Such factor is usually seen in cases involving crimes of violence as crimes such as assault, rape, kidnapping, or murder as all involve some form of physical violence and lend themselves to the potential for further violence but the factor can be considered in any type of criminal action. In criminal cases where the defendant exhibits such depravity and callousness judges are prone to extend the period of incarceration. Mitigation factors can, and often are, still considered by the judge but such factors must be compelling in order to override…… [Read More]

References

Almendarez-Torres v. United States, 523 U.S. 224 (U.S. Supreme Court 1998).

Brown, B. (2005). Three Strikes -- the Impact after more than a Decade. Sacramento, CA: Legislative Analyst's Office.

Frankel, M.E. (1993). A Conversation about Sentencing Commissions and Guidelines. University of Colorado Law Review, 655-659.

Mustard, D.B. (2001). Racial, Ethniic, and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts. Journal of Law and Economics, 285-314.
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Death Penalty One Is Most Deterred by

Words: 3141 Length: 11 Pages Document Type: Essay Paper #: 87606053

Death Penalty

One is most deterred by what one fears most. From which it follows that whatever statistics fail, or do not fail, to show, the death penalty is likely to be more deterrent than any other.

FACTS:

If it is difficult, perhaps impossible, to prove statistically, and just as hard to disprove, that the death penalty deters more from capital crimes than available alternative punishments do (such as life imprisonment), why do so many people believe so firmly that the death penalty is a more effective deterrent?

Some are persuaded by irrelevant arguments. They insist that the death penalty at least makes sure that the person who suffered it will not commit other crimes. True. Yet this confuses incapacitation with a specific way to bring it about: death. Death is the surest way to bring about the most total incapacitation, and it is irrevocable. ut does incapacitation need to…… [Read More]

BIBLIOGRAPHY:

1. Bedau, Hugo and Radelet, Michael., Miscarriages of Justice in Potentially Capital Cases, 40 Stan. L. Rev. 21., 1987.

2. Gregg v. Georgia, 428 U.S. 153. 1976.

3. Louis Pojman, The Death Penalty: For and Against, Lanham, Md., Rowman and Littlefield, 1998.

4. Nathanson, Stephen., An Eye for an Eye, 2d ed., Lanham, Md., Rowman and Littlefield, 2001
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Violation of Human Rights

Words: 4611 Length: 15 Pages Document Type: Essay Paper #: 43224008

PADILLA V. UMSFELD & HAMDI V. UMSFELD

Summary of Padilla v. umsfeld

Facts of Padilla v. umsfeld

Summary of Facts

Technical History

Holding

Supreme Court easoning

Lower Court easoning

Summary of Hamdi v. umsfeld

History of Hamdi v. umsfeld

Facts

The Holding

easoning for the Supreme Court

Individuals' Civil rights of Hamdi and Padilla

Contrast and Comparison

Padilla v. umsfeld & Hamdi v. umsfeld

Summary of Padilla v. umsfeld

One of the first and interesting things about the case is to know that the espondent, Jose Padilla, is a citizen from the United States citizen who made up his mind to become an "enemy fighter." This decision was helped made by the famous President George W. Bush and was held in military custody in South Carolina by the Department of Defense. Also, President George W. Bush discovered that Padilla was working alongside with the terrorist named al Qaeda. Both of…… [Read More]

References

Padilla, R. v. (2004, June 25). Retrieved from Supreme Court: http://www.law.cornell.edu/supct/html/03-1027.ZS.html

Rumsfeld, H. v. (2012, November 12). Hard National Security Choices. Retrieved from Lawfare: http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/post-911-era-materials/post-911-era-materials-court-cases/hamdi-v-rumsfeld-542-u-s-507-2004/
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Canadian Corrections and Criminal Justice System

Words: 1715 Length: 5 Pages Document Type: Essay Paper #: 96252447

Canadian criminal justice system corrections

The Canadian justice system

Since the last decade, there's been a huge hue and cry pertaining unjust convictions and its disastrous consequences. As in the case of Canada, there have been numerous high profile cases which concluded with unjust verdicts, putting the Canadian justice system and its judicial process in question. Even though, the media's attention has increased on this matter, academic literature on the issue is razor-thin in case of Canada (Denov & Campbell, 2005). The media's coverage of crimes and criminal justice is now excessively given coverage during the last decade, since it's a form of entertainment and news. Criminal justice and crime have emerged as a viable form of entertainment across the media spectrum. In case of TV shows, depictions of criminal justice and crime are observed in courtroom TV seasons as well as daily talk's shows.

Popular culture and criminal courts…… [Read More]

Bibliography

Blatchford, C. (2015, Febuary 27). News. Retrieved from National Post: http://news.nationalpost.com/2015/02/27/christie-blatchford-canadians-seem-to-imagine-that-slow-justice-is-better-justice-but-thats-not-the-case/

Denov, M., & Campbell, K. (2005). Understanding the Causes, Effects, and Responses to Wrongful Conviction in Canada. Journal of Contemporary Criminal Justice.

Entmann, R., & Gross, K. (2008). Race to judgment: stereotyping media and criminal defendants. 93-133. Retrieved from: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1495&context=lcp

Gallant, J. (2015, Febuary 23). Crime. Retrieved from The Star: http://www.thestar.com/news/crime/2015/02/23/ontario-courts-slow-to-speak-up-about-hush-orders.html
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Court System Understanding the Court

Words: 1058 Length: 4 Pages Document Type: Essay Paper #: 21481932



In his joint aticle with Oleg Sminov, "Dift, Daft, o Dag: How the Supemes React to New Membes," Smith takes an even close look at the Supeme Cout and the histoy of its political (o intepetive) makeup. Specifically, these authos find that the Cout counte-balances changes to its ideological makeup though the addition of new membes by changes in the oveall intepetative stances of opposing justices -- the addition of moe libeal justices esults in consevative justices becoming moe consevative, and the addition of consevative justices leads to moe libeal thinking on the pat of libeal justices. This view sees the Supeme Cout and couts in geneal as an essentially political body, just like any othe political body at wok in the fedeal govenment o at othe levels of govenment within any given society, whethe past o pesent.

A Mediation of Theoies and Pactice

Though the thee theoies biefly descibed…… [Read More]

references. This increases the politicization of the court system as a whole and makes individual judges and courts less responsive to the individuals appearing in the courts than they otherwise would be.

Conclusion

A fully accepted explanation of the court system has yet to be achieved in the literature, and is certainly beyond the scope of this paper. The agreement that exists between the disparate arguments presented above, however, suggests that these authors are formulating a new trend in judicial theory that could soon replace the inadequate and simplified view taken by many of the courts. This understanding will doubtless continue to be refined for decades, if not centuries.
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Capital Punishment Be Abolished Few

Words: 1848 Length: 5 Pages Document Type: Essay Paper #: 23171322

This creates a conflict that is not easily resolved.

In conclusion, it is unlikely that the capital punishment debate in the United States will resolve itself soon. Although the public tends towards opposing it, there is a significant proportion of citizens still supporting it. Furthermore, judicial processes are slow and difficult to change, further complicating the matter. Nonetheless, the best alternative so far suggested by researchers is life without parole. This is a very severe punishment, imposing lifelong suffering and deprivation for the convicted. This is a viable alternative for the death penalty, as it does in effect deprive the convicted of life. It also addresses the main concern of capital punishment -- the irreversible execution of the innocent.

ibliography

"A Matter Of Life And Death: The Effect Of Life- Without-Parole Statutes On Capital Punishment." Harvard Law Review 119.6 (Apr. 2006): 1838-1854. Academic Search Premier. ESCO. ESCO U. Of MD…… [Read More]

Bibliography

"A Matter Of Life And Death: The Effect Of Life- Without-Parole Statutes On Capital Punishment." Harvard Law Review 119.6 (Apr. 2006): 1838-1854. Academic Search Premier. EBSCO. EBSCO U. Of MD U. Coll. Info. And Lib. Services. 12 May 2009 .

Cholbi, M. "Race, Capital Punishment, and the Cost of Murder." Philosophical Studies 127.2 (15 Jan. 2006): 255-282. Academic Search Premier. EBSCO. U of MD U. Coll. Info. And Lib. Services. 14 May 2009 .

Dieter, Richard C. "A Crisis of Confidence: Americans' Doubt About the Death Penalty" A death Penalty Information Center Report, June 2007. http://uspolitics.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=uspolitics&cdn=newsissues&tm=49&gps=303_96_988_609&f=10&tt=15&bt=0&bts=1&zu=http%3A//www.deathpenaltyinfo.org/CoC.pdf

Johnson, Robert & McGunigall-Smith, Sandra. "Life Without Parole, America's Other Death Penalty." The Prison Journal, Vol. 88, No. 2, June 2008. http://ft.csa.com.ezproxy.umuc.edu/ids70/resolver.php?sessid=e1ptn71nrdccnehb6mb103l6r4&server=csaweb112v.csa.com&check=820d391703772b6c5ebf97825cbea5c0&db=sagecrim-set-c&key=0032-8855%2F10.1177_0032885508319256&mode=pdf
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U S Military Assistance Funding to

Words: 6309 Length: 20 Pages Document Type: Essay Paper #: 43316197

On November 8, 2001, the U.S. Senate passed several new conditions before direct 'military-to-military relations can be restored with Indonesia including the punishment of the individuals who murdered three humanitarian aid workers in West Timor, establishing a civilian audit of armed forces expenditures, and granting humanitarian workers access to Aceh, West Timor, West Papua, and the Moluccas."

Following are two very recent bills and rulings by the U.S. Congress concerning the Indonesian presence, changes, and sanctions.

In the House resolution, number 666, urton (R-IN), Wexler (D-FL), and lumenauer (D-OR) congratulate the Indonesian people and government for a successful election process, supported Indonesia in political and economic transformations, expresses gratitude to Indonesian leadership for arresting 109 terrorists, supports the emerging legal framework, commends Indonesia for "discovering new ways of working with regional law enforcement and intelligence communities in a sincere effort to root out domestic radicalism, and urged Indonesia to conduct…… [Read More]

Bibliography

(2001). U.S. And Indonesia Pledge Cooperation, Joint Statement Between the United States of America and the Republic of Indonesia.

(2001, October 1). U.S. To Send Team to Indonesia To Discuss Combating Terrorism. Xinhua News Agency.

(2001, November 27). U.S. Admiral Urges Indonesian Military To Account for East Timor Mayhem. Agence France-Presse.

Baker, P. (1997, April 22). U.S. To Impose Sanctions on Burma for Repression. Washington Post.
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Victim Service Enhancement Program for

Words: 3255 Length: 10 Pages Document Type: Essay Paper #: 14519956

In essence, the program will help meet the physical, emotional, psychological, and spiritual needs of crime victims in the remote areas in South Carolina.

Generally, the program is expected to have several impacts such as helping rural crime victims through increasing the services provided to them by Victim Service Programs. Secondly, the programs will help in increasing the number of rural crime victims who can access victim assistance programs. Third, the program will enhance the quality of victim services in the rural settings by developing effective strategies to meet the divergent and unique needs of rural crime victims.

Program Description:

As previously mentioned, Victim Service Enhancement Program for ural Crime Victims is a project that is mainly geared towards improving the quality and accessibility of services for rural crime victims. Since the project seeks to lessen the ineffectiveness of current victim service programs while increasing their availability, it will collaborate…… [Read More]

References:

"Chapter 21 - Rural Victims of Crime." (n.d.). Academic Departments. Retrieved from the

Medical University of South Carolina website: http://academicdepartments.musc.edu/scvaa/Academy%20Topics/textandppt_06/academy%20text%20pdf/CH%2021.07%20RuralVictims.pdf

Hook, M., Murray, M. & Seymour, a. (2005, August). Meeting the Needs of Underserved

Victims Video Discussion Guide. Retrieved from U.S. Department of Justice -- Office of Justice Programs website: http://www.ojp.usdoj.gov/ovc/pdftxt/underserved_victims_vdguide.pdf
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Administering Competency Screening Tests on a Minor

Words: 1900 Length: 6 Pages Document Type: Essay Paper #: 93398317

Administering Competency Screening Tests on a Minor

Balancing between Competency Screening Test (CST) expectations and demands of a given situation is normally an uphill task for CST administrators. A CST tool administers tests on juvenile or mentally challenged individuals. The process is tedious since there are several situations of communication breakdown, and this endangers the processes. For this reason, the administering official should display a proper and a higher degree of professionalism by using tests or face-to-face communication with the juvenile. This analysis will appoint Dr. oberts defense of a 17-year-old individual who has been accused of sexual assault and battery. The juvenile is a linguistically challenged immigrant from Chile. The individual can only communicate Mapudungun and Spanish; however, he can speak and communicate rudimentary English and this is not positive to the court. This study proves that Dr. obert should apply a professional approach in determining the case's course.…… [Read More]

References

Hunter, D. (2007). Proportional ethical review and the identification of ethical issues. Journal of Medical Ethics, 33(4), 241-245.

Jackson, R.L., Rogers, R., & Sewell, K.W. (2005). Forensic Applications of the Miller Forensic Assessment of Symptoms Test (MFAST): Screening for Feigned Disorders in Competency to Stand Trial Evaluations. Law and Human Behavior, 29(2), 199-210.

Rosner, F. (2006). Medical Research in Children: Ethical Issues. Cancer Investigation, 24(2), 218-220.
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International Court of Justice Jurisdiction

Words: 2025 Length: 6 Pages Document Type: Essay Paper #: 40467490

egulation

Ecks Company is a firm with most of its workers and shareholders as well as operating in State Y despite being incorporated and headquartered in State X. One of the small branches of this company decided to hire an industrial spy, Mr. Seven in order to gather secrets from a large business rival in State Z in 1980. Mr. Seven was successful in his work since he supplied the small branch of Ecks Company with information regarding the competitor's most vital industrial secrets for over a year. The small branch then passed on the information to Ecks Company including information about State Z's national defense. When the industrial spy was caught red handed in 1981, he was convicted of espionage and agreed to testify against the company and branch manager in order to get a reduced sentence. This was followed by a series of events including prosecution of the…… [Read More]

References

Bianchi, A., Peat, D. & Windsor, M 2015, Interpretation in international law, Oxford University Press, Oxford.

Posner, E.A. & de Figueiredo, M.F.P 2005, "Is the International Court of Justice Biased?" Journal of Legal Studies, vol. 34, no. 2, pp.599-630.

Posner, E.A. & de Figueiredo, M 2004, Is the International Court of Justice Politically Biased? Berkeley Law -- University of California, viewed 15 April 2016,

Steiner, H.J 2004, 'Three Cheers for Universal Jurisdiction -- Or Is It Only Two?' Theoretical Inquiries in Law, vol. 5, no. 1, pp.199-236.
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How Sexual Child Abuse Can Effect the Child's Psychological Development

Words: 2187 Length: 8 Pages Document Type: Essay Paper #: 25023031

Sexual Child Abuse

Child sexual abuse involves a broad range of sexual behaviors that take place between a child and an older person. These sexual behaviors are planned to erotically stir the older person, commonly without concern for the consequences, choices, or outcome of the behavior upon the child. efinite conducts that are sexually offensive frequently involve bodily contact, such as in the state of sexual kissing, touching, fondling of genitals, and oral, anal, or vaginal contact. Nevertheless, behaviors might be sexually abusive even if they do not entail contact, such as in the case of genital exposure, verbal force for sex, and sexual abuse for purposes of prostitution or pornography.

For efinitions propose four main types of child abuse (physical abuse, sexual abuse, emotional abuse, and child neglect), but seldom if ever does one form of abuse happen alone. The suggestion in itself is illogical. Physical abuse and sexual…… [Read More]

Diagnostic and Treatment Guidelines on Mental Health Effects of Family Violence. American Medical Association Web Site.

McClendon, Patricia D. November (1991). MSSW candidate. Incest/sexual abuse of children. Internet. p.23. Available:  http://www.clinicalsocialwork.com/incest.html 

National Association of Social Worker News. (1997, February). States eye domestic abuse welfare option. NASW News, Volume 42, #7, pp11.
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Miranda Rule

Words: 1431 Length: 4 Pages Document Type: Essay Paper #: 50884028

Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.

The Miranda…… [Read More]

References

Author not Available. "The Miranda Rule." FindLaw.com. 2002. 6 Dec. 2003. http://cobrands.public.findlaw.com/newcontent/flg/ch14/st3/mc1.html

Bradley, Craig M. The Failure of the Criminal Procedure Revolution. Philadelphia: University of Pennsylvania Press, 1993.

Carrillo, Silvio. "Do Miranda Rights Create a Loophole for Criminals?" SpeakOut.com. 3 Feb. 2000. 6 Dec. 2003. http://speakout.com/activism/issue_briefs/1148b-1.html

Godsey, Mark A. "Miranda's final frontier, the international arena: a critical analysis of United States v. Bin Laden, and a proposal for a new Miranda exception abroad." Duke Law Journal 51.6 (2002): 1703+.
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Crime and Social Theory Deviance Interpreted by

Words: 1590 Length: 4 Pages Document Type: Essay Paper #: 21153466

Crime and Social Theory

Deviance Interpreted by Social Theories

Illicit Drug Use

Illicit drug use has historically been seen as a global threat towards society and a primary contributing factor for the prevalence other crimes, such as smuggling, home invasions, property crimes, assault, and murder. In 1969 President Nixon stated publicly that illicit drug use is a serious national problem and in 1971 declared the "War on Drugs" (National Public adio, 2007). Over the two decades since, other governments around the world, including the United Nations, followed suit, but differed substantially from the United States in how much emphasis was placed on deterrence through incarceration (Bewley-Taylor, Hallam, and Allen, 2009, p. 1).

Prevalence of Illicit Drug Use

An estimated 21.8 million Americans were using illicit drugs in 2009, which represents about 8.7% of the population (Substance Abuse and Mental Health Services Administration, 2010, p. 1). Of these, 16.7 million used…… [Read More]

References

Bewley-Taylor, Dave, Hallam, Chris, and Allen, Rob. (2009). The incarceration of drug offenders: An Overview, Report Sixteen. The Beckley Foundation Drug Policy Programme, International Centre for Prison Studies, Kings College of London, University of London. Retrieved June, 2011 from http://www.idpc.net/php-bin/documents/Beckley_Report_16_2_FINAL_EN.pdf

Giugliano, John. (2004). A sociohistorical perspective of sexual health: The clinician's role. Sexual Addiction & Compulsivity, 11, 43-55.

Lo, Celia C. (2003). An application of social conflict theory to arrestees' use of cocaine and opiates. Journal of Drug Issues, 33, 237-266.

Mauer, Marc and King, Ryan S. (2007). A 25-year quagmire: The War on Drugs and its impact on American society. The Sentencing Project: Research and Advocacy for Reform. Retrieved June, 2011 at  http://www.sentencingproject.org/doc/publications/dp_25yearquagmire.pdf
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Surgical Options for Post-Larengectomy Patients

Words: 2338 Length: 8 Pages Document Type: Essay Paper #: 37667429

In situations where outcome or decision control is ceded to a legitimate decision-maker, the available legal procedure may be judged according to whether it provides adequate 'voice' for the aggrieved, adequate process control, and/or the satisfaction of being respected and afforded an appropriate level of procedural justice as a litigant, defendant or citizen.

In any event, continued dialogue between lawyers and psychologists from both types of system is encouraging. To this end, van Koppen and Penrod (2003) have collected legal psychological analyses of American and European criminal justice procedure together in a recent volume allowing comparisons between adversarial and inquisitorial mentalities.(n10) If this type of work continues, we may better understand when each type of process works best and when people, be they socialised in Australia, America, England or continental Europe, react best to adversarial or inquisitorial systems of legal decision-making in particular contexts.

In many jurisdictions, the approaches of…… [Read More]

References

Balmford, R. 'The Life of the Administrative Appeals Tribunal: Logic or Experience' in R. Creyke (ed) Administrative Tribunals: Taking Stock (Canberra: Centre for International and Public Law, 1992) 50, 68-71

Bronitt, Simon; Mares, Henry. 2004. The history and theory of the Adversarial and Inquisitorial systems of law. (cover story). Legaldate (3): 1-3.

Lind EA et al. 1978. Reactions To Procedural Models For Adjudicative Conflict Resolution: A Cross-National Study. Journal of Conflict Resolution 22: 318.

Nolan, Mark. 2004. The Adversarial mentality vs. The Inquisitorial mentality. Legaldate 16 (3): 7.
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Criminal Justice the 6th Amendment

Words: 1034 Length: 3 Pages Document Type: Essay Paper #: 77741388

Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).

The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts…… [Read More]

References

Sixth Amendment. (2011). Retrieved April 4, 2011, from Web site:

 http://www.lectlaw.com/def2/s107.htm 

Sanders, Monica. (2007). The People's Court: Understanding the 6th Amendment. Retrieved April 4, 2011, from Web site: http://www.legalzoom.com/us-law/equal-protection/peoples-court-understanding

The 6th Amendment. (2011). Retrieved April 4, 2011, from Web site: http://www.revolutionary-
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Anti-Arab Racism the Objective of

Words: 3088 Length: 10 Pages Document Type: Essay Paper #: 48277422

This is also possibly the least well-documented phenomenon in the racializing of Arabs and Muslims leading to the widespread acceptance of profiling and related loss of civil liberties." (2002)

The work of Nicole J. Henderson (2001) entitled: "Law Enforcement & Arab-American Community Relations After September 11, 2001" reports a study in which Arabs living in the United States were interviewed. Henderson reports that when asked about hate crimes "...community respondents across sites mentioned fear of government policies, at times equating the detention of Arab men and special registration with hate crimes. Another leader felt that "before 9/11, there were always questions of bias from people -- from individuals -- but not ever about the government and the police." A business leader commented in response to whether or not hate crimes were a problem in his community, "Now we're dealing with another prejudice. Right now, this is a very serious problem…… [Read More]

Bibliography

El-Amine, Rami (2006) Anti-Arab Racism, Islamophobia, and the Anti-War Movement. Left Turn Magazine. 1 Oct. 2006.

Akram, Susan M. (2002) the Aftermath of September 11, 2001: The Targeting of Arabs and Muslims in America. Arab Studies Quarterly March 2002.

Ibish, Hussein and Stewart Anne (2003) Report on Hate Crimes and Discrimination Against Arab-Americans. The Post- September 11 Backlash. American-Arab Anti-Discrimination Committee. Online available at http://www.adc.org/hatecrimes/pdf/2003_report_web.pdf

Gott, Gil (2005) the Devil We Know: Racial Insubordination and National Security Law. Villanova Law Review 2005. Online available at (http://biblioteca.rrp.upr.edu/LatCritCD/Publications/PublishedSymposium/LCIXVillanova&SetonHall%20(2005)/20LCIXGGot.pdf
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Clemency in Its Various Forms

Words: 971 Length: 2 Pages Document Type: Essay Paper #: 76373392

The naked use of executive power completely bypassed the DOJ clemency review process referenced above (Love, 2007, 5).

Has a president reached the apogee when he reaches into the judicial process itself (while it is motion no less) and run roughshod over the very clemency review process that is in place within his own DOJ? hile not a violation of the letter of the law, it certainly is not in the spirit of it. According to an article by Mary Colgate Love in the Federal Sentencing Reporter, she remarks that "while the Framers did not subscribe to a notion of pardon as

a species of high-level gift-giving...For them, pardon was a necessary and functional part of their carefully calibrated system of checks and balances...pardon was a necessary and functional part of their care-fully calibrated system of checks and balances...(ibid)." hat she further points out is a little remembered fact that…… [Read More]

Works Cited

Clemency. (2011). Retrieved from  http://www.thefreedictionary.com/clemency .

Love, M.L. (2007). Reinventing the president's pardon power. Federal Sentencing Reporter, 20(1), 5-15.

The pocket constitution. (2010). Retrieved from  http://www.usconstitution.net/consttop_pard.html .

Notable pardons: the clinton presidency. (2004). Retrieved from http://jurist.law.pitt.edu/pardons6.htm
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Sarbanes-Oxley Act of 2002 and

Words: 2014 Length: 7 Pages Document Type: Essay Paper #: 62031585

Literature on the Sarbanes-Oxley Act of 2002

The field of specialized literary reviews on the Sarbanes-Oxley Act is a widely spread one presenting numerous issues form various standpoints. Reviewers' opinions vary based on their position towards the bill and their prior professional expertise on white-collar crimes.

Among the mostly appreciated and close to reality works are: The Impact of Regulatory Information Disclosure on Information Security Investments, Competition and Social Welfare by Anindya Ghose at New York University and Uday Rajan at the University of Michigan; Serbanes-Oxley Whistleblower Cases, by Philip M. erkowitz and the Sarbanes-Oxley Act of 2002 and Current Proposals by NYSE, Amex and NASDAQ.

6. Conclusions

The Sarbanes-Oxley Act of 2002 was passed in order to better supervise the actions within the business department. The Senate and the House of Representatives felt the crucial need for such legislature due to the increased number of white-collar fraud cases in…… [Read More]

Bibliography

Wikipedia, the Free Encyclopedia, Sarbanes-Oxley Act, postedon October 18, 2006, http://en.wikipedia.org/wiki/Sarbanes-Oxley_Act,last accessed on October 21, 2006

Warren W. Hamel, Esq. Venable Howards, it's Not Just Enron: A Guide to the Sarbanes-Oxley Act for Nonprofit Organizations

Larry E. Ribstein, Corporate Governance at Crossroads: Sizing Up SOX, Draft of January 18, 2005

Anindya Ghose and Uday Rajan, the Economic Impact of Regulatory Information Disclosure on Information Security Investments, Competition and Social Welfare, Submitted to Workshop on Economics of Information Security, March 2006
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Court Proceedings Should Not Be

Words: 619 Length: 2 Pages Document Type: Essay Paper #: 48568385

Furthermore, the media has been known to slant certain criminal trials in particular directions. For example, the Casey Anthony trial of just a few years ago, some argue, was slanted in such a manner that the entire nation thought she was guilty. The jury, however, found her not guilty. Given the portrayal of this woman in the media, an entire nation thought that justice had not been served. Jurors were ridiculed and even threatened. An entire uproar had occurred. By allowing court proceedings to be covered by the media, there's a lack of authenticity which is surrendered for recording everything on television.

Furthermore, allowing court proceedings to be televised cheapens the process of justice, by making it a form of entertainment for the masses. This is simply unacceptable. It negates the entire reason that the judicial process was created: the judicial system was developed in order to employ a level…… [Read More]

References

Debate.org. (2013). Should criminal trials be televised? Retrieved from Debate.org:  http://www.debate.org/opinions/should-criminal-trials-be-televised
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Court Services Management

Words: 1436 Length: 5 Pages Document Type: Essay Paper #: 1528913

Court Service Management

How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?

The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for the entire political system. As the basic guarantees of the Constitution will not change and cannot be adjusted based upon a new party coming to power. In this case, the structure and attitudes will remain the same. This is from the institution and its practices remaining in place. egardless of what is happening with transitions in power. (Koopmans, 2003) (Neubauer, 2012) (Oakley, 2009)

However, the courts will be impacted by these changes to a certain extent. This will…… [Read More]

References

Glannon, J. (2008). Civil Procedures. Frederick, MD: Kluwer Law.

Howard, J. (1999). The Shifting Wind. Albany, NY: SUNY Press.

Koopmans, T. (2003). Courts and Political Institutions. Hoboken, NJ: Wiley.

Lane, S. (2012). Highway 420. Staten Island, NY: Sandi Lane.
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The Moral Landscape of Pre

Words: 6045 Length: 20 Pages Document Type: Essay Paper #: 57381349


On the threshold of the Civil Rights movement, Baldwin would publish
Notes of a Native Son. Though 1953's Go Tell It On The Mountain would be
perhaps Baldwin's best known work, it is this explicitly referential
dialogic follow-up to right's
Native Son that would invoke some of the most compelling insights which
Baldwin would have to offer on the subject of American racism. This is,
indeed, a most effectively lucid examination from the perspective of a
deeply self-conscious writer enduring the twin marks in a nation of
virulent prejudice of being both African American and homosexual. The
result of this vantage is a set of essays that reaches accord with right's
conception of the socially devastating impact of segregation on the psyche,
conscience and real opportunity but also one that takes issue with the
brutality of Bigger, a decidedly negative image to be invoked of the black
man in America.…… [Read More]

Works Cited:

Baldwin, J. (1955). Notes of a Native Son. Beacon Press.

Gilliam, F.D. (2002). Farther to Go. University of California at Los
Angeles

Wikipedia. (2009). James Baldwin. Wikimedia, Ltd. Inc.
Wright, R. (1940). Native Son. Chicago: First Perennial Classics, edition
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Ohio Case Brief Mapp v

Words: 1817 Length: 6 Pages Document Type: Essay Paper #: 39118054



K. Comment: I agree with the majority opinion. The Constitution is the absolute guiding law of the land, and the Fourteenth Amendment guarantees that its protections will be extended to state actions. The Fourth Amendment guarantees a right to privacy and assures citizens that they will be free from unreasonable searches and seizures. The Fourth Amendment also imposes a warrant requirement for the majority of searches, so that most searches that occur without a warrant violate the Fourth Amendment. The search in this case certainly violated the Fourth Amendment, but whether or not the constitutional violations were as egregious as in this case should not be the determinant of whether evidence is excluded, because the Constitution absolutely bans all unreasonable searches and seizures. hile the dissent suggests that other remedies can help a defendant who has been subjected to an unreasonable search and seizure, the fact is that none of…… [Read More]

Works Cited

Mapp v. Ohio, 367 U.S. 643 (1961). http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=367&page=643
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Jury Instructions Are the Guidelines

Words: 868 Length: 2 Pages Document Type: Essay Paper #: 64332541

The constitutionality of the need for a unanimous jury verdict has been determined by the U.S. Supreme Court and the Court has ruled that, in state cases, such verdicts are constitutionally acceptable (Coughlan, 2000). The Court ruled that justice could still be served with less than a unanimous jury verdict as long as the jury was composed of a group of individuals representative of a cross section of the community who have been free to deliberate and to do so free from outside intimidation.

In my opinion, the Supreme Court's decision in Apodaca v. Oregon (Apodaca v. Oregon, 1972) was decided with an eye toward expediency than justice. The logic behind the unanimous verdict is based on the sanctity of reasonable doubt and protecting the innocent and should be a sacred element of our judicial system. The decision in Apodaca was a compromise that violates our system's principles.

Mistrial/New Trial…… [Read More]

References

Apodaca v. Oregon, 406 U.S. 404 (U.S. Supreme Court 1972).

Coughlan, P.J. (2000). In Defense of Unanmous Jury Verdicts: Mistrials, Communication, and Strategic Voting. The American Political Science Review, 375-393.

Tiersma, P. (2001). The Rocky Road to Legal Reform: Improving the Language of Jury Instructions. Brooklyn Law Review, 1081-1091.

Judicial Process
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Legal System in the United States Is

Words: 922 Length: 2 Pages Document Type: Essay Paper #: 2045519

legal system in the United States is divided into two distinct systems: federal and state. The state court system in Wisconsin, like most states, has broad jurisdiction so the cases that most ordinary citizens are involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually handled in state courts. The state courts in Wisconsin are not allowed to hear cases where the United States is a defendant or where a matter regarding a federal statute is involved. The jurisdiction of the federal courts is highly limited. For the most part, federal courts may only hear cases where the United States is a party, where there is an alleged violation of the U.S. Constitution or federal statute, cases between citizens of differing states where the amount in controversy exceeds $75,000, and all cases involving bankruptcy, copyright, patent, and most maritime law cases. In a few…… [Read More]

References

Carp, R. (1990). Judicial Process in America. Washington, D.C.: Congressional Quarterly.

Conant, J.K. (2006). Wisconsin Politics and Government: America's Laboratory of Democracy. Lincoln: University of Nebraska Press.

Mengler, T.M. (1995). The Sad Refrain on Tough on Crime: Some thoughts on saving the Federal Judiciary from the Federalization of State Crime. University of Kansas Law Review, 503-523.

Wisconsin court system
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Absolutism in Seventeenth Century Europe

Words: 893 Length: 3 Pages Document Type: Essay Paper #: 80948835



During the seventeenth century, monarchs attained power and authority that was unprecedented, leading historians to use the term "absolutism" to describe these political systems, while other historians argue that the term is misleading because neither the ambitions of the monarchs nor the results constituted political absolutism (Durand pp). However, Louis XIV established such a powerful monarchy in France, that when he famously declared, "L'etat c'est moi" ("I am the state"), it began an "association of state power with the person wielding it that culminated in the cult of personality of a Hitler, Stalin, or Mao" in the twentieth century (Marshall pp).

Some historians believe that the general climate of absolutism offered the monarch no more than the opportunity to deliberate on matters of state without being affected by intrigue and pressure, and ensure the judicial process followed his wishes and directives (Durand pp). Therefore, as an actual political system, absolutism…… [Read More]

Works Cited

Durand, G. "Absolutism Myth and Reality." http://edweb.tusd.k12.az.us/UHS/WebSite/courses/WC/Historiography/aristocracy_and_absolutism.htm

Corley, Christopher R. "Paris in the Age of Absolutism: an Essay."

Canadian Journal of History. 12/1/2004.

Hooker, Richard. "The Age of Absolutism." http://www.wsu.edu/~dee/ENLIGHT/PRE.htm
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Forum Report Greece Is a

Words: 313 Length: 1 Pages Document Type: Essay Paper #: 54969147



In Greece, judges hear minor crimes in Justice of the Peace Courts while juries hear more serious offenses. Overall, the crime rate in Greece lower compared with its neighboring nations in the Mediterranean region. The offenses with the highest levels of reported crime involve crimes against property, simple assaults, and driving violations. The rates for major crimes in Greece were two rapes and two murders per 100,000 population and 475 thefts per 100,000 members of the population. There has been an increased rate of armed robberies since the 1990s in Greece. However, gun control is strictly enforced.

orks Cited

Greece." (2006) Countries A-Z. Retrieved 5 Jul 2006 at http://www.natinmaster.com/index.php.

Photius, K. (10 Nov 2004) "Greece." (10 Nov 2004) http://www.photius.com/countries/greece/government/greece_government_the_judiciary.html… [Read More]

Works Cited

Greece." (2006) Countries A-Z. Retrieved 5 Jul 2006 at http://www.natinmaster.com/index.php.

Photius, K. (10 Nov 2004) "Greece." (10 Nov 2004)  http://www.photius.com/countries/greece/government/greece_government_the_judiciary.html