ule of Law
When police searched John Wayne Gacy's house on December 13, 1978 they were completely unprepared for the horrors they would uncover. Although police executed a search warrant that they hoped would provide further insight into the mysterious disappearance of fifteen-year-old obert Piest, they would soon come to discover evidence that would connect Gacy to at least 32 other murders and disappearances. On December 22, 1978, Gacy freely confessed to killing at least thirty boys and men and burying their remains on his property or dumping them in the river nearby (Bell & Bardsley, n.d.). During the course of the investigation, Gacy confessed that he would occasionally murder more than one person in the same day. What flabbergasted investigators, however, was Gacy's nonchalant explanation as to why the bodies were buried so close together in the crawlspace under his house: he "was running out of room and needed to…...
ule of law is a concept that reflects a number of different facets. The World Justice Project outlines some of these facets. The first is that the government and individuals are both accountable under the law. In a society, the rule of law should reflect that all entities are subject to the law. If there are entities that are not subject to the rule of law, then the rule of law has no validity. Thus, all governmental and non-governmental actors are to be subject to the same set of laws, and to equal enforcement of those laws.
The second facet of the rule of law concept is that the law is written and codified. The law should be written down so that its application cannot be arbitrary, and that all who live under this law can readily understand the law. If the law is not written, then it can be capricious.…...
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References
WJP (2016). What is the rule of law? World Justice Project. Retrieved March 8, 2016 from NIJ.gov (2016). Sources of crime data. National Institute of Justice. Retrieved March 5, 2016 from http://www.nij.gov/topics/crime/pages/ucr-nibrs.aspx
Perjury
The rule of law is important in setting boundaries and guidelines for citizens to follow. Investigation of laws is important because there are thousands of laws that apply to people whether they are aware of them or not. The purpose of this essay is to examine perjury as a rule of law and discuss the important aspects of its characteristics. To do this, this essay will first look at the defining principles of perjury before examining a real world case in which this law was violated.
Trials are examinations of citizens on whether or not they have violated any laws. This system works well if the testimony of the important parties during the trial is truthful and hones. During a trial, all participating witnesses are required to swear an oath before explaining their situation through testimony. Testimony is a very important aspect of any criminal or civil case.
Legal Information Institute Cornell University Law School. "28 USC § 1746- Unsworn declarations under penalty of perjury." Viewed 20 April 2013. Retrieved from http://www.law.cornell.edu/uscode/text/28/1746
ule of law Legitimate?
'The ule of Law is to be Legitimate because the issue of law is not a simple, but a highly complex one, and it involves the analysis of numerous important issues." Law is not as simple as something that can be forced upon or coerced out of an individual or a group because of several reasons. One is that when it is a criminal statute, for example, because of the fact that it forbids certain actions, under force of penalty, resembles the threats that one individual can make against another, but it is different at the same time because it most often applies to those people who enact it, and not to others. Secondly, certain laws like private, and public laws, cannot possible be misinterpreted as threats, and third, certain legal rules are different from orders, because they are not created by anything equivalent to specific…...
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References
Aquinas. Whether there is a Natural Law.
Dworkin. Jurisprudence.
Hart, H.L.A. The Concept of Law. Clarendon Law Series.
ule of Law Legitimate?
What exactly is Law but a well-known and legitimate Profession? According to Oliver Wendell Holmes Jr. In an address made to the students of the Boston Law School in the year 1897, a law student must remember certain important points when embarking on a study of law, and he stated that the student must be both pragmatic and also specific. He also said that there are some individuals who feel that the Law in itself is a mystery of sorts, and obscure in its ways, and its various twists and turns, but the fact is, Law is something that those people who are studying it do in order to be able to appear before a judge, or to prevent certain people from having to appear in a Court of Law. Therefore, if one wished to study the Law, then perhaps it would be good to peruse…...
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References
Chapter 5, The Grand Inquisitor. pp: 245-264
Dworkin. Jurisprudence. pp: 1-13
Holmes, Oliver Wendell. The Path of the Law. pp: 1-7
Corwin, Edward. C. From the Higher Law Background of American Constitutional Law. P: 24
The Patriot Act was a serious change to government and the ule of Law. Additionally, it required adjustments that had to be made to law enforcement agencies from the federal level all the way down to the local patrol policeman. Because that was the case, the Patriot Act made life in America different for all U.S. citizens, visitors, and those who came to the country for any reason. Everything from passports to drivers licenses were more difficult to get after the Patriot Act was created, and people who wanted to obtain legal residency or travel documents had to do more in order to receive these things. That was good in a protective way, but it was detrimental to people who were perfectly innocent but…...
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References
Craig, P.P. (1997). Formal and substantive conceptions of the rule of law: an analytical framework. Public Law: 467.
This article address the rule of law clearly and concisely, in an effort to provide the layperson with a better understanding of how the rule of law came to be and how it is used today. Analyzing the rule of law thoroughly can provide insight and information that would not otherwise be collected and studied.
Donnelly, J. (2002). Universal Human Rights in Theory & Practice (2nd ed). NY: Cornell University Press.
The rights of every individual in the United States and all over the world are very important. By studying those rights, changes can be made in areas where people are being mistreated or where they have trouble understanding why a right does not belong to them. Since the rights in different countries vary greatly, that is also an important topic for discussion.
Since September 11, 2001 the U.S. Department of Justice has charged 310 defendants with terrorism or national security-related crimes, resulting in 204 cases either being plea bargained or presented to a jury (Beck et al., 2011, p. 7). The conviction rate has been 87% for these defendants, which is similar to the conviction rate for all federal crimes (Beck et al., 2011, p. 2). The most common charge used in these cases recently, and the most successful, is 'material support', as defined under Title 18 U.S.C. § 2339A and § 2339B (Beck et al., 2011, p. 18-21). Prior to 2007, just 11.6% of all terror cases involved a material support charge under § 2339 (harboring or concealing), § 2339A, or § 2339B. In 2010, 69.4% of terror defendants were charged with material support and in 2011 a full 87.5% were indicted under this statute.
§ 2339A was…...
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References
Beck, Collin, Berger, Chantene, Berkson, Gary, Berry, Kate, Chelcun, Brian et al. (2011). Terrorist trial report card: September 11, 2001 -- September 11, 2011. Center on Law and Security, New York University School of Law. LawAndSecurity.org. Retrieved 9 Jan. 2012 from http://www.lawandsecurity.org/Portals/0/Documents/TTRC%20Ten%20Year%20Issue.pdf
Doyle, Charles. (2010). Terrorist material support: An overview of 18 U.S.C. 2339A and 2339B. Congressional Research Service. Retrieved 9 Jan. 2012 from www.fas.org/sgp/crs/natsec/r41333.pdf
National Security Division, Department of Justice. (2010). Introduction to National Security Division statistics on unsealed international terrorism and terrorism-related convictions. Biotech.Law.LSU.edu. Retrieved 9 Jan. 2012 from http://biotech.law.lsu.edu/cases/nat-sec/doj/2010-NSD-Final-Statistics.pdf
Criminal Procedure
Chief Justice Earl Warren had a political background, unlike his counterpart Justice William. He is one of the chief justices in the U.S. who had a significant influence on the criminal procedures offered by the Supreme Court of the United States of America. He brought in the notion of strong belief in the remedial power of the law. He had a pragmatic view of the law, something he used in influencing the Supreme Court. He made the court accept the idea of using the law as a weapon of accessing fairness and equity (Wilson, 2012). The Warren's courts criminal procedures were focused on ethical principles and not interpretive structures that were narrow. He viewed the handling and descriptions of the narrower interpretive structures as patterns of reasoning that were conventional. He made rejections of them as with the case like Brown v. Board of Education, eynolds v. Sims and…...
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References
Acker, J. R., & Brody, D. C. (2013). Criminal procedure: A contemporary perspective. Burlington, MA: Jones & Bartlett Learning.
Hensley, T. R. (2006). The Rehnquist Court: Justices, Rulings, and Legacy. Santa Barbara, Calif. [u.a.: ABC-Clio.
Wilson, S. H. (2012). The U.S. justice system: An Encyclopedia. Santa Barbara, Calif: ABC-CLIO.
The Supreme Court ruled that the Federal government lacked constitutional authority, mandated by the Fourteenth Amendment, to outlaw racial discrimination by private individuals and organizations. The court ruling stated that the Civil ights Act of 1875 was unconstitutional. The decision was challenged by the Justice Harman as a narrow interpretation of the Fourteenth Amendment, but the Court nevertheless with overwhelming majority ruled that neither the Thirteenth nor the Fourteenth Amendment granted the Federal state jurisdiction over these five cases. "This ruling," as argued by some scholars, "practically put an end to the federal government's attempt to enforce the guarantees of the Fourteenth Amendment" (Barnes and Connolly, 1999, p. 338).
In both cases, the U.S. Supreme Court recognized the rights of individual states that narrowly defined the provisions of the Fourteenth Amendment. In the Slaughterhouse Cases, the Louisiana State protected a monopoly power to the detriment of individual workers. The Supreme…...
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References
Barnes, D.A., & Connolly, C. (1999) Repression, the Judicial System, and Political Opportunities for Civil Rights Advocacy during Reconstruction. The Sociological Quarterly, 40(2): 327-345. Retrieved on February 15, 2011, from
ules of Law
It was January 23, 1973 and before the world knew, oe v. Wade would change the laws surrounding the issue of abortion eternally. The decision and choice to terminate a pregnancy was illegal in Texas at the time, which was then challenged by the pregnant Jane oe. She wanted to end her gestation in a safe and licit manner, and coincidentally the Supreme Court agreed in her favor. The ruling was the first time the court recognized the right to privacy incorporated a female's right, should she choose, an option to end her pregnancy or not. This landmark case not only validated and legalized the right to an abortion, but it interdicted prior laws regarding the act. Previously, abortion was only permissible when a woman's life was in danger and was necessary to save her life. Furthermore, the act of termination was acceptable if the female was…...
Mr. Atwood,
After reviewing your plans to open up a limousine service in Austin, Texas, there are four major points of compliance that you should focus on so as to keep your business operational and out of legal trouble with the state and/or local authorities.
There is not a state-wide law in Texas that pertains to chauffeurs and limousine services (Texas DMV, 2015). However, the same is not true of Austin, Texas in particular. As part of applying for the permit, there are several questions that must be answered. These include questions about citizenship or right to work in Austin, criminal history and so forth. Any applicants found to be lying on the application can find their license stripped without any warning by the City of Austin (City of Austin, 2015). Specific answers will be required for each application as they pertain to criminal history, other criminal offenses, indictments, traffic violations, suspension…...
City of Austin. (2015). Hands-Free Austin | Police | AustinTexas.gov - The Official Website of the City of Austin. Austintexas.gov. Retrieved 20 July 2015, from https://www.austintexas.gov/handsfree
EEOC. (2015). EEOC Home Page. Eeoc.gov. Retrieved 20 July 2015, from http://www.eeoc.gov
civilized societies develop rules and laws that its members are expected to follow. The rules are in place for the purpose of cohesive living among the community and for the most part they have a positive impact on the society that they govern. In this scenario the rules and laws are not followed and in fact are completely disobeyed, yet the person who violates the societal norm not only gets away with it, but he is rewarded for his actions by being elected as a leader and ruling in power for the remainder of his life. Two well-known philosophers bring to light some understanding about how this could have happened.
In the scenario a man named John murders a mean and ruthless person who has lied and cheated his way to the top. The victim is so rich that others in the community are forced to go hungry while he…...
Social Credit Score in the US?IntroductionThe concept of a social credit score system has garnered significant attention due to its implementation in countries like China. This system evaluates citizens based on their behavior, trustworthiness, and societal contributions. The research topic at hand delves into the potential implications of introducing such a system in the US, specifically asking: What are the potential impacts for society and for public administration of introducing a social credit score system in the US? The findings of researchers suggests that trust in public administration plays a pivotal role in the acceptance of a social credit score system (Liu, 2019; 2022). Those with trust in the government are more likely to support such policies, while skeptics view it as a manifestation of governmental overreach and a step towards totalitarianism. These perceptions could have profound political and administrative repercussions. The significance of this research is evident. Understanding the…...
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ReferencesLiu, C. (2019). Multiple social credit systems in China. Economic Sociology: The European Electronic Newsletter, 21(1), 22-32.Liu, C. (2022). Who supports expanding surveillance? Exploring public opinion of Chinese social credit systems. International Sociology, 37(3), 391-412.Mac Síthigh, D., & Siems, M. (2019). The Chinese social credit system: A model for other countries?. The Modern Law Review, 82(6), 1034-1071.Von Blomberg, M. (2020). The social credit system and China’s rule of law. Social Credit Rating: Reputation und Vertrauen beurteilen, 111-137.
Rule of Law and Extra-Legal Doctrines
The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…...
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).
Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.
The Crucible: A Literary Exploration of Power, Hysteria, and the Perils of Accusation
Introduction
Arthur Miller's "The Crucible" is a timeless masterpiece that examines the destructive consequences of fear, paranoia, and mass hysteria. Set during the Salem witch trials of the 17th century, the play offers a cautionary tale about the dangers of unchecked power and the ease with which individuals can be manipulated into becoming both victims and perpetrators of injustice. This essay will explore various topics pertaining to "The Crucible," delving into the complex themes of power, hysteria, and the perils of accusation that are at the heart of the....
Drug Trafficking in Italy: A Complex and Evolving Problem
Introduction
Italy, located at the crossroads of the Mediterranean Sea, has long been a strategic transit route for drug trafficking from producing countries to consumer markets in Northern Europe and beyond. In recent years, the country has faced significant challenges in combating drug trafficking, with organized crime groups playing a major role in the illicit trade. This essay will explore the current state of drug trafficking in Italy, examining its impact on society, the efforts of law enforcement to combat it, and the need for comprehensive strategies to address this complex problem.
1. Ethical and Moral Implications: Explore the ethical and moral dilemmas associated with the death penalty, considering arguments for and against its use based on concepts such as retribution, deterrence, and the sanctity of life.
2. Racial and Economic Disparities: Analyze the racial and economic disparities in the application of the death penalty, examining the role of systemic racism and socioeconomic factors in sentencing outcomes.
3. Psychological and Neurological Aspects: Discuss the psychological and neurological implications of the death penalty, including the mental anguish it inflicts on individuals sentenced to death and the potential for irreversible mistakes in sentencing.
Debating....
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