Criminological perspectives on racism throughout history
Racism has always been a defining feature of the American criminal justice system, including racial profiling, disparities in arrests convictions and sentencing between minorities and whites, and in the use of the death penalty. Racial profiling against blacks, immigrants and minorities has always existed in the American criminal justice system, as has the belief that minorities in general and blacks in particular are always more likely to commit crimes. American society and its legal system were founded on white supremacy going back to the colonial period, and critical race criminology would always consider these historical factors as well as the legal means to counter them.
Officer accountability in law enforcement and governance
Officer Accountability
An officer's proven dishonesty creates a significant problem for the police department.
First, ignoring/covering up the officer's misconduct is out of the question, not because the police department is a bunch of Boy Scouts, but because the possible discovery of ignoring/covering up that dishonesty would be devastating to credibility, not only of the initially dishonest person, but also of the superior or department that ignores or covers up the dishonesty. Secondly, this dishonest police officer jeopardizes every criminal case in which he has testified or will testify. Once a police officer has been officially found to have committed a dishonest act, his/her credibility would be questioned in every case, including past cases in which he/she has testified. In addition, the prosecution will have the duty to disclose that dishonesty to every criminal defendants' attorneys involved in any future case that may require this officer's testimony. Consequently, this officer's dishonesty could conceivably affect the outcome of every single criminal case in which he has testified in the past or will testify in the future. The head of the police department must minimize the damage by removing this officer from the field. Third, this officer has served the department for 15 years and has two "infractions" on his employment record. Under those circumstances, his experience and possible usefulness to the police department should still be taken into account. There are several administrative roles within a police department that do not require an officer to be "in the field" or to testify in court; therefore, this officer could still ably serve in the Department in a curtailed role. Consequently, the officer should be advised that he is removed from work "in the field" and that there will be no negotiation on that point. That removal constitutes his "punishment" for his recently discovered dishonesty. However, the officer will also be offered the opportunity to continue in the Department in an administrative role that never requires his testimony in court. Given the facts of this case, this appears to be a possible fair solution for all concerned.?
The Martha Stewart insider trading scandal and accounting implications
This paper is about the prosecution of Martha Stewart. The paper outlines the case against Stewart, and why it is important that she needed to be prosecuted. The second part of the paper examines the prosecution, including the legal criticisms of it, and the issues surrounding her treatment by the SEC.
Living constitutionalism: interpretation and evolution
The work focuses on Living Constitutionalism. The concept ‘Living Constitutionalism' revolves around humanizing the law. The Constitution of the United States came into force on September 17, 1787 following its adoption by the Constitutional Convention in Philadelphia, Pennsylvania The concept ‘Living Constitutionalism' revolves around humanizing the law. By adding the element of humanity in the law, the constitution gains a dynamic element. This idea relates to the view of the society as contemporaneous, which introduces the need for rational interpretation of key provisions in the constitutional dispensation. The conclusion details the overall aspects discuss use and issue relevant solutions