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The 6th Amendment Confrontation Clause exists to protect the right of a defendant to confront those who are testifying against him or her. This means that the defendant has the right to face those making the accusations in a court of law (evolutuionary War and Beyond, 2011). There are two main purposes to the Confrontation Clause. The defendant receives protection from statements made outside the court that can be used against him or her, where there is no opportunity to test or challenge these statements. The second purpose is that the Clause provides the defendant the opportunity to determine the truth of the statements against him or her by means of cross-examination.
In this way, the defendant is also protected from hearsay, where a statement is alleged to have been heard outside of the court, without any witnesses to verify it. In my understanding, this clause therefore means…… [Read More]
The district appeals court does not hear a case in its entritiy, rather the justices review the case file and lawyer's arguments and hear a short in-person argument to ask questions and make a decision. This appeal is an appeal by right according to the Constitution, and anyone who appeals to their district's court of appeals will have their case reviewed. Here, the appeals courts in all five cases, still held in favor of the state's right to segregate.
The final step that a case can take after losing at the appeals level is the Supreme Court. In order to be heard by the Supreme Court, the NAACP filed a writ of certiorari, combining the five appealed cases from different districts and requesting that the Supreme Court review them as one large class action. The Supreme Court granted the review and the lawyers argued their case before the Supreme court.…… [Read More]
Third, the degree to which the suspect is confronted with apparent evidence of guilt; this means that it is impermissible to confront the suspect with the evidence to suggest that there is no point in refusing to confess. Fourth, whether the suspect is advised and made aware that he or she may freely terminate the conversation and/or request to be represented by legal counsel; this means that the voluntariness element of confessions applies throughout the entire process and not just to the initial agreement to talk to police.
Eighth Amendment Protections against Excessive Bail
The purpose of bail is to guarantee that criminal defendants formally charged with a crime will appear for their court date. Generally, bail is determined according to the level of severity of the crime involved and the degree of risk of flight that the defendant represents. Bail is not necessarily always required and is within the…… [Read More]
Another example of an exception to the Miranda ule concerns surreptitious questioning as in the case of Illinois v. Perkins (1990) (2003). In this case it was decided that a criminal suspect's 5th Amendment rights are not being violated if a suspect is speaking with an undercover police officer and incriminating information is given to the undercover police (2003). Essentially speaking, Miranda ights are not necessary when a criminal suspect is not aware that he or she is talking to a law enforcement officer (2003).
These five exceptions help to erode the Miranda uling in several different ways. First of all, the Miranda ules were created to protect people -- essentially from themselves. In Moran v. Burbine, the exception is harmful because if a person waives his right to a lawyer but then receives counsel that he should remain silent, law enforcement has a duty to uphold this individual's civil…… [Read More]
judicial process for a felony criminal charge that is filed in both federal and state courts. The paper includes all the steps that exist between the arrests right through to the pre-trial, trial and appeal. All the contingencies for the various stages are handled and the possibilities of all the outcomes examined. The paper is chronologically organized in order to provide an analysis of how the constitutional protection for the defendant operates at the various stages of the proceedings. We then conclude by giving the reasons as to the suitability of the system in dealing with the criminal prosecutions and the possible improvements that should be made to the system.
The judicial process is one of the fundamental ones for the process of ensuring that justice is served in our society. It is important for it to be transparent and just so that the victims get their justice, the defendants…… [Read More]
jurisdiction occurs when a case is being heard for the first time. Appellate jurisdiction occurs with cases that are appealed to a superior court. General jurisdiction is held by courts with no limit on the types of cases that can be heard - whether these be criminal or civil. pecial jurisdiction is held only over specialized cases.
The federal court system consists of a variety of different hierarchies in which different courts may function in their various ways. The upreme Court is at the highest point of the federal judiciary. The two levels of federal courts under the upreme Court are trial courts and appellate courts. Each court has its own jurisdiction over various cases. District courts are the trail courts of the federal system and hear the most cases, in both civil and criminal cases. Appellate courts hear appeals, while only the most specialized and difficult cases are referred…… [Read More]
The four sentencing philosophies of the American Criminal Justice System are retribution, deterrence, rehabilitation and incapacitation. Each is grounded in a set of beliefs that address the relationship between the severity of a crime and the purpose of the sentence. Retribution is based on the belief that the sentence should be imposed according to the severity of the crime committed. A common expression used to describe this philosophy is, "an eye for an eye." According to this philosophy, no other circumstances, such as the influence of a psychological illness, are considered in the sentencing. Deterrence is based on the belief that fear of further punishment will deter the offender and other potential offenders from committing the crime. Prison sentences, or a heavy fine, are examples of sentences that apply to this philosophy, which is essentially grounded in fear. Rehabilitation believes that fixing the causes of the offense, that…… [Read More]
Why have so many jurisdictions turned to forms of ADR to supplement the judicial process?
Alternative dispute resolution (ADR) is a procedure of dispute resolution that functions as a means of utilizing an external party for settling disagreements between two different parties. In the contemporary, ADR has come to be extensive and espoused by numerous states and expanses in the United States. Notably, in recent times, a number of courts have necessitated that a number of parties employ ADR to settle the presented cases. In the event that the process of mediation of alternative dispute resolution fails to come to an amicable agreement, then the case in question for the parties can be undertaken in court. Owing to the progressively more caseload of customary or old-fashioned courts of law, ADR has attained admiration and approval. This is for the reason that ADR encompasses less expenses, provides privacy, and it also…… [Read More]
9/11 terror attacks was characterized by enactment of new laws and executive orders that focused on enhancing homeland security. However, these laws and orders have become controversial because they have ceded power to the executive branch and limited people's rights. Some examples of these limitations include restrictions on privacy, limitation of free speech and association rights, and limitation of religious freedom. While these actions were necessary to help prevent another attack, they are inappropriate since they compromise civil rights and checks and balances established in America's democracy. The federal government would have taken less drastic measures through reordering priorities of law enforcement instead of generating fundamental changes in law.
Week 5: Discussion
In the American judicial system, the Supreme Court reviews very few cases most of whom are appeals from lower courts. It should not be mandatory for the Supreme Court to review more cases despite having appellate jurisdiction. The…… [Read More]
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]
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]
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.
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]
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]
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]
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]
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]
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]
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…… [Read More]
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]
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]
Judicial Philosophy of the Supreme Court
Judicial philosophy is a concept that refers to the way judges understand and interpret the law in relation to the specific cases they are handling. This concept emerges from the fact that while laws are universal and broad, they need to be applied to specific cases based on the judge's understanding and interpretation of the law as well as the unique circumstances surrounding the case. The two most common judicial philosophies of the Supreme Court are judicial activism and judicial restraint, which have influenced various cases including Gore vs. Bush (2000) and Obergefell vs. Hodges (2015). Judicial activism refers to a philosophy in which judges depart from conventional precedents to adopt new, progressive social policies whereas judicial restraint is a philosophy in which judges limit the exercise of their own authority (Bendor, 2011).
Judicial activism of the Supreme Court influenced cases like Gore vs.…… [Read More]
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]
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]
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]
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]
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]
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]
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]
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]
role of media in effecting the human perception regarding Juvenile Delinquency. The orks Cited five sources in MLA format.
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]
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]
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]
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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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.
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]
Research Question and Introduction Development
Topic: Safeguarding the criminal justice system from wrongful convictions through an efficient innocence program
Research Question: What aspects of the innocence program need improvement, and in what ways, in order to guard the judicial system from wrongful convictions? (Rossi, Lipsey & Freeman, 2004)
Wrongful conviction is an abuse of justice. It entails the sentencing and subsequent punishment of someone for crimes they never committed (Huff & Killias, 2013). Wrongful convictions can happen in civil and criminal cases alike. Many criminal justice processes have been tailored to overcome this possibility and overturn such erroneous judicial decisions. It is quite difficult to achieve this, however, due to fundamental challenges in the judicial system. Wrongful convictions may take years or decades to overturn. In some instances the discovery of innocence happens after a person has already served their time in prison, after they are dead or after…… [Read More]
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]
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.
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]
PADILLA V. UMSFELD & HAMDI V. UMSFELD
Summary of Padilla v. umsfeld
Facts of Padilla v. umsfeld
Summary of Facts
Supreme Court easoning
Lower Court easoning
Summary of Hamdi v. umsfeld
History of Hamdi v. umsfeld
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]
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]
Background of Terrorist Trials in the United States
Terrorism occupies a unique liminal position, somewhere between acts of war and criminal acts. Because of this, jurisdiction, the rights of terrorist suspects, and other ethical and legal conundrums have lent themselves to an inconsistent and ambiguous terrorist trial system in the United States. Historically, as now, terrorist trials in the United States have taken place in several different jurisdictions, and prosecutorial discretion can be based on factors like circumstantial and situational variables or on political whim. Whether or not the terrorist incident was allegedly perpetrated by a domestic or an international group may also have a bearing on how a terrorist trial is conducted. Some terrorist trials have taken place in civilian courts and others in military courts, neither of which seem ideally suited to address the complex issues associated with terrorism.
Since September 11, the federal government expanded its own…… [Read More]
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]
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.
"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]
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]
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.
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]
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]
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]
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]
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]
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]
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]
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]
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]