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Statutory rape is one of the more difficult subjects in criminal justice. Every actor in the law enforcement community wants to strike a balance between ensuring that a victim is adequately protected and imposing realistic punishments that are proportionate to the level of the crime. To help ensure this, many states have lowered punishments when offenders are under the age of 21 with victims over a certain age limit. That way, while still penalizing inappropriate sexual contact, they differentiate that subclass of statutory rapists from child predators. Some people even suggest that statutory rape laws. However, in the vast majority of statutory rape scenarios, the age difference between victim and offender is greater than six years, suggesting that these offenders do qualify as child predators and should be treated as such.
Burrell, J. (2009). Teens, sex, and the law. etrieved September 26, 2009 from About.com
Web site: http://youngadults.about.com/od/legalissues/a/statutoryrape.htm…… [Read More]
ife of Bath's Tale -- Revised Circa 2014
hat are the deepest, darkest, sensual secrets of young women?
In this play, 18-year-old Jim, his older sister Erica and his mother, Ellen, share a home just a few miles from the Pacific Ocean in Santa Barbara, California. Jim lives in a cozy guest house in back of the main house. It has skylights, a full kitchen and bath, a private deck in back (with a view of the neighbor's back yard), and a bedroom that has posters of volleyball players, track athletes and surfers, many of them gorgeous women. He is strikingly handsome, wears his blond hair long, has blue eyes and strong tanned body from playing soccer, surfing, and weight-lifting. He graduated a month ago and is planning to attend a nearby community college in the fall -- with a major in communications.
Erica is a junior at a university…… [Read More]
In “Crimes Which Startle and Horrify: Gender, Age, and the Racialization of Sexual Violence in White American Newspapers, 1870-1900,” Estelle Fredman situates rape as a series of interconnected power relations, focusing on the intersection between race and gender in particular. Fredman analyzes the historical context of rape, showing how rape is socially constructed in ways that reinforce patriarchal and racist norms. Besides the cogent thesis driving Fredman’s work, the author also relies on a tight methodology, focusing on media accounts in nineteenth century American newspapers geared to primarily white male readers. Fredman claims that the media proliferated the two central archetypes that defined American social and political hierarchies for the coming generations: the black male sexual predator and the innocent, vulnerable child victim.
Fredman begins the article with a brief introduction to the historiography of rape. The rise of the popular media during the late nineteenth century was especially critical…… [Read More]
Rape Case Law and Jurisprudence
Panichas[footnoteRef:2] discriminated between aggravated rape and lesser offenses in a review of Stephen Schulhofer's book Unwanted Sex: The Culture of Intimidation and the Failure of Law. When the use of violence or its threat is used to overcome a victim's lack of consent, immediately before the assault, and this is clearly demonstrated by the evidence presented in court, then aggravated rape has occurred. If, however, victim nonconsent is questionable and the immediate use or threat of force is absent or ambiguous, then a rape conviction will not survive appeal in most states. As Panichas notes, rape jurisprudence has historically relied on common law and appellate decisions when judging whether allegations of rape have any merit and three criteria are prominent: (1) actual/credible use or threat of force, (2) force must be physical, and (3) nonconsent in the absence of force is insufficient to support a…… [Read More]
The precedence set by this attorney, though it was not answered by a maelstrom of other counties resurrecting rarely if ever used common laws, does prove interesting, on the issue of rape as well as many other laws that are hardly if ever used but not stricken from the books, as of yet.
Though Idaho is no longer considered a "common-law" state with regard to domestic situations, i.e. regarding the determination of marital status and on other issues it is legitimately still very demonstrative of common law history, a fact that can be attested to by the ability of a single do-gooder to choose to enforce a law that was previously ignored. Other issues, such as common property, among domestic partners, are a later adoption of a common law practice, in Idaho. For the most part it makes sense that legal situations in low population areas could and possibly still…… [Read More]
Nathaniel Hawthorne's The Scarlett Letter explores the method of public shaming as a form of legitimate legal sentencing. In the novel, Hester Prynne has an affair with Reverend Dimmesdale. Even though her husband has practically abandoned her and lives in another country, she is punished for what was in Puritan America considered a crime. The punishment reflects Puritanical values related to female sexuality, and reveals ways a patriarchal society controls women's choices by monitoring and controlling their private lives. Given private and domestic spheres were the only realms women had any degree of power, the control over women's sexuality in The Scarlett Letter shows how patriarchy becomes entrenched and immutable. Moreover, the use of public shaming to sentence Prynne serves an overarching function of social control. Religion, a core theme in The Scarlett Letter, is the vehicle of that social control and the law is also used to enforce and…… [Read More]
By Goodman's analysis, the systematic murder of one million people motivated by the specific intention of genocide is morally worse than the systematic murder of one million and one people selected arbitrarily. The author does not explain why the motivation for unjustified murder is such an important distinction; it would seem that unjustified murder is always wrong and that the scale of victims is always a more accurate measure of that moral offense than the reason or intent behind unjustified murder of innocent people.
Polygamy, Rape, Incest, and Genital Mutilation
Professor Goodman's reasoning about polygamy, rape, incest, and genital mutilation represent his weakest line of reasoning. Specifically, his view of polygamy completely ignores the issue of gender inequality and suggests that polygamy is necessarily harmful to women. The obvious counterargument is that this is only true because of the extent to which women are already objectified and comparatively powerless in…… [Read More]
Moreover, the television show uses the same tactics that law enforcement does when they want to catch sexual predators online. Both law enforcement and the staff of "To Catch a Predator" pretend to be young people. By playing the same game as the sexual predator, police are effectively capturing criminals before they get away with their crimes. Although sneaky, the method of luring sexual predators using their own game is one of the most effective ways of preventing the problem. Knowing they can get easily caught, the sexual predator might think twice before befriending a new child. Using this method of capturing criminals, law enforcement can prevent predators from victimizing young people psychologically, sexually and violently.
Sexual predators should be prosecuted to the full extent of the law. In Canada, the law "makes it a criminal offense to use the Internet to lure or exploit children for sexual purposes," (Media…… [Read More]
Professional Issues and Ethics in Counseling
Dr. Aaron Lieberman
Ethics and law are two concepts that are intertwined in the field of mental health though they have their own differences. According to Corey, Corey, Corey & Callahan (2014), law is a term that refers to the basic standards that will be tolerated by the society and imposed by government while ethics refers to the ideal standards that are established and imposed by professional associations. Medical professionals are faced with the need to be aware of any unethical behavior and practice since they can generate legal repercussions and affect licensure. This is an extremely important consideration for medical professionals, especially mental health practitioners who deal with situations that are likely to generate legal and ethical issues. An example of such as situation is Monique's situation, which has multiple relevant ethical and legal issues that need to be…… [Read More]
Gender Bias in the U.S. Court System
Statistics regarding male and female criminality
Types of cases involving women and men
Sentencing guidelines for judges imposed to diminish disparities
Feminists say women should get less jail time
Number of women vs. men arrested
omen committing misdemeanors get little or no jail time
Death penalty cases
10% of murder cases are perpetrated by women
Leniency of juries on women defendants
Easier for women to be treated leniently by juries
Sex crimes involving men and women adults vs. teens and children
omen are always given less punishment than men in this area
Reaction of judges towards female defendants
a. Chivalry Theory of women perpetrators
Focal Concerns theory of women perpetrators
In both the Constitution and Declarations of Independence, two of the most important documents in American history, it is promised by the very foundations of the…… [Read More]
She also presents a lengthy notes and iliography section in the ook, including appendixes, which help indicate the depth of her research and study into her topic. This helps make the ook even more credile and elievale, and indicates she understands her topic well, and presents valid and interesting arguments, acked up with factual research. She uses primary and secondary sources, such as newspapers, pulications, journals, and private papers in an attempt to gain as much information as possile to ack up her thesis and key ideas.
This ook elongs on the ookshelf of anyone interested in women's history, sociology, and even criminal justice. It indicates the way morals and society were changing at the turn of the century, and how throughout reform and proper sexual conduct, whites still maintained a clear control over minorities, even in the courts and in sexual conduct. The ook is a fascinating look into…… [Read More]
The Freedom Information Act of 2002 reported 2,351 occurrences of forcible sex offenses on campus and 1,670 in residence halls; 2,953 aggravated assaults on campus; 2,147 robberies on campus and 29,256 burglaries also on campus; and 1,098 arsons on campus in that year alone. This was the summary of campus crime statistics released by the U.S. Department of Education (Security on Campus 2004).
This document and national studies reveal the prevalence of sexual assault on both male and female college and university students. In a number of these recent surveys conducted in approximately 6,000 schools, one of four female students admitted to having been subjected to forced sexual contact or forced sexual intercourse and that 90% of them knew their offenders. At the time of assault, 75% of these male students and 55% of the female were either drunk or under the influence of drugs (Security on Campus).…… [Read More]
Normally, efforts must be reasonable and diligent but not futile. The general grounds for termination of parental rights in all states are as follows. Abandonment is a prime case of abandonment can be established after six months of conscious disregard of any form of parental obligations by a parent, including support, maintenance, love and care. The conduct must be intentional and normally must involve a lack of support plus a failure to communicate. Neglect must be serious and continuing and involve serious mental, physical or moral harm to the child. Poverty or disreputable lifestyle, absent such harm, is not adequate grounds for termination. Abuse requires serious physical or emotional harm, or sexual misconduct. A likelihood of future abuse must also be established, since termination is not intended to be a punishment to the biological parent. A mental illness, deficiency, or substance abuse problem must result in an inability to parent,…… [Read More]
The Trafficking Victims Protection eauthorization Act
Final Project / Dissertation
Degree: Juris Doctorate Specialized
Specialization: Constitutional Law
The Trafficking Victims Protection eauthorization Act
This paper reviews the rights and protection that a state and federal government official provides to citizens that have been the subject of human trafficking crimes. Citizens need the protection of the police and other law enforcement officials to report human trafficking crimes and to protect and assist those that need their assistance. This paper will seek to explain the definition of human trafficking, how it works, victim support, issues with upholding and implementing legislature and the solutions which can be used to satisfy the public.
Table of Contents
Elements of Human Trafficking
Victims of Trafficking and Violence Protection Act of 2000
Alien Smuggling, Harboring and Transportation
New York State's Human Trafficking Law…… [Read More]
ethics of abortion. The writer takes one case of a requested abortion and explores its ethical possibilities. The writer uses several cases to argue that this case is ethically sound for the performance of an abortion. There was one source used to complete this paper.
Abortion has always been a very sensitive issue. Most of the nation is divided into two camps, pro-choice, and pro-life. Those who are in the pro-choice camp believe that abortion is the choice of the woman because it is her body and her life that will be forever altered by having a baby. Those that are pro-life believe it is the killing of a child and should never be done. Abortion has held its position as one of the most heated and emotional topics in the country for many years. For pro-choice and pro-life advocates most cases are clearly cut and dry as to their…… [Read More]
Saints and the Roughnecks - William J. Chambliss
In his seminal essay "The Saints and the Roughnecks," William J. Chambliss studied how a community's differential perceptions led to preferential treatment of a group of juvenile delinquents from upper-middle class families over another gang of delinquents from lower-class families. The main determinant for a community's reaction to a juvenile's deviant behavior was socioeconomic class.
Since this essay's publication in 1973, the idea that people get treated differently according to their class has become widely accepted. Based on Chambliss's thesis, poor people who engage in deviant behavior - ranging from shoplifting to murder - are still more likely to be prosecuted and to receive harsher punishment. They are also more likely to be perceived as guilty by the public.
The more recent research on other determinants of social stratification allows us to expand on Chambliss's original thesis. Thus, in addition to class,…… [Read More]
India is a parliamentary republic, the largest democracy in the world with over a billion people and counting.
Head of State
The head of state is a ceremonial position occupied by the President. The current President is Ram Nath Kovind, and vice president is M. Venkaiah Naidu, positions held since July-August of 2017 (CIA World Factbook, 2018). The president is elected by an electoral college, which is comprised of appointed members of both houses of parliament as well as members of state legislatures (CIA World Factbook, 2018).The President serves for a five year term, and there are no term limits on the position.
Far more important a role than president is held by the head of government, the Prime Minister. Members of parliament of the majority party elect the Prime Minister. The current Prime Minister of India is Narendra Modi, who was elected in 2014. Modi is leader…… [Read More]
Internet: Privacy for High School Students
An Analysis of Privacy Issues and High School Students in the United States Today
In the Age of Information, the issue of invasion of privacy continues to dominate the headlines. More and more people, it seems, are becoming victims of identity theft, one of the major forms of privacy invasion, and personal information on just about everyone in the world is available at the click of a mouse. In this environment, can anyone, especially high school students, reasonably expect to have any degree of privacy? High school students, after all, are not protected by many of the same constitutional guarantees as adults, but their needs for privacy may be as great, or greater, than their adult counterparts. To determine what measure of privacy, if any, high schools students can expect at home and school today, this paper provides an overview of the issue of…… [Read More]
The career criminal
A career criminal is a person who repeatedly participates in criminal acts for both a constant and central source of income DeLisi, 2005.
A career criminal uses crime as their only source of income, and they will commit offenses on a regular basis even after they have been released from prison. No form of rehabilitation can help a career criminal because they have antisocial behaviors and they refuse any form of rehabilitation. The career criminal continuously commits offenses and even with the best criminal justice system, they are never rehabilitated. This causes a major problem to the correctional facilities because career criminals lead to overcrowding of prisons.
Since these criminals have amassed many sentences, the judicial system is forced to sentence them to life imprisonment. The main reason been the short prison terms the offenders have been given before have had no effect, and giving them…… [Read More]
extradition case regarding film director oman Polanski is a rather sordid affair. According to the information available on March 10, 1977 the 43-year-old Polanski had a sexual escapade with a 13-year-old girl named Samantha Jane Gailey (now known as Samantha Geimer; Schwarzbaum, 2013). According to testimony provided by Geimer to a grand jury Polanski had gotten permission from her mother to photograph her for a spread in the magazine Vogue. According to the reports the session took place at the home of actor Jack Nicholson who was on a vacation; however, Nicholson's then girlfriend Anjelica Huston was there but did not witness the incident although she was concerned and knocked on the bedroom door several times in an effort to find out what was happening (Schwarzbaum, 2013).
According to Geimer's testimony Polanski shot photos of her drinking champagne while topless. He also reportedly made her take a Quaalude and then…… [Read More]
Chink, Spic, Terrorist, Whore, Nerd. These words seem to be just the beginning sparks of what most people characterize as bullying. The words and phrases are familiar enough; high school students across the country hear these insults being thrown out just as commonly as a larger student with his gang picking on a smaller and weaker student. The essence of teenage bullying has not changed; rather, with the amount of digital media and social platforms created today, there seems to be more reason to expect bullying -- both at school and online.
Bullying itself comes in many forms and sizes. It can be one hulking, leader-like personality with the aim at a Machiavellian increase in status in the school's social standing (Hamarus). Another can be the result of a racial slur and the violent actions taken against a differently ethnic individual -- perhaps even using an entire gang…… [Read More]
gaining an understanding of Mary Crow Dog, what did you find most interesting about this chapter? Be sure to explain why you found it most interesting.
This chapter provides a lot of insight into gender roles and norms in the society, beyond learning about how these norms impacted Mary Crow Dog on a personal level. The phenomenon of child marriage, and of the lack of power women had over their own destinies, is evidence from the very first sentence of Chapter 12 "Sioux and Elephants Never Forget." The first sentence is tellingly written in the passive voice, when Mary Crow Dog writes about her marriage to Crow Dog. She writes, "I became Crow Dog's wife," not "I married Crow Dog," which would be the active voice phrasing. Mary Crow Dog purposely uses the passive voice because she was not even eighteen years old when she married. And more than that,…… [Read More]
The criminal association principle suggests that being socialized to regard crime as acceptable or to admire criminals plays a role in the choices made in that regard. The fact that Pistone and Napolitano were actually raised in very similar circumstances where each had the same type of exposure to organized crime families illustrates that rational choice is more important than criminal association because Pistone made the conscious choice to become a federal agent rather than one of the criminals who controlled his childhood neighborhood (Macionis, 2003; chmalleger, 2008).
The segment of the criminal justice system portrayed by Episode 71 is criminal investigations and the operations of the criminal justice system. Fisher was allowed to plea bargain the charges of attempted murder despite the fact that she deliberately shot the wife of her lover in the head in the attempt to murder her. The episode suggests that her age was a…… [Read More]
Despite his being the most lucid among the inmates, he was still not immune to psychiatric intervention that led to his eventual defeat against Nurse atched. This makes society all the more oppressive, not accepting any dissent or differing perspective and eliminating those it cannot subdue. Thus, the story resonates Szasz's argument that mental illness is a myth and that psychiatry is a practice masquerading as a science to exert control over behavior by medical treatment that do not necessarily have physio-biological bases.
Disturbing as it is, both book and movie teaches the valuable lesson that even so-called social misfits or people relegated to being mentally deranged do find their sense of self given the right motivations and under positive and uplifting circumstances. McMurphy's character highlights the need for man to challenge the norm, not necessarily for the benefit of the self but more so for others. In his journey…… [Read More]
The fog is actually generated by two painful experiences in Chief's past: first, the fog in his mind is a recurrence of the brain treatments ordered by Nurse Ratched, and secondly, the fog is a direct reference to the actual fog machine of World War II operated by military intelligence in order to obscure what was occurring on the airfield (Lupack 70) as Chief recalls: "Whenever intelligence figured there might be a bombing attack, or if the generals had something secret they wanted to pull -- out of sight, hid so good that even the spies on the base couldn't see what went on -- they fogged the field" (Kesey 116).
Generally speaking, the themes of a particular novel cannot be fully understood outside the social context of the plot. This also largely applies to "One Flew over the Cuckoo's Nest" whose plot is set in the 1950s which also…… [Read More]
slavery and segregation had contributed to the establishment of a wealthy
ownership class in the United States, so had the nature of its 20th century
consumer culture helped to enforce separate racial societies. Thus, even
as white women struggled for recognition and equal rights, the climb from
domestic servitude would be a great deal more arduous for a female African
American culture which had been conditions through centuries of slavery
toward assumed domestic servitude. To this extent, the parallels which
Odem's text draws between slavery and female inequality bear a shared
relationship in defining America's gendered culture.
Today, women have in many ways been relieved of the domestic roles
once foisted upon them with no outlet of relief. Indeed, it is
increasingly common and standardized to find women in all walks of
professionalism and at positions of authority. Moreover, the premise that
the woman should be expected to…… [Read More]
For mental health professionals, working with patients can be challenging. This is because they will have issues that could be directly associated with their condition. In the movie One Flew Over the Cuckoo's Nest, it is discussing these problems. To fully understand how this relates to crisis theory and intervention requires comparing different scenes from the film that are relevant. This will be accomplished by focusing on: the precipitating event, identifying the type of crisis, examining the material / personal / social resources available, studying the different perspectives, looking at how it was handled by the protagonist, suggesting coping skills, discussing referral sources that are available and biblical perspectives. Together, these elements will provide specific insights as to the way it is illustrating crisis theory and intervention challenges.
Identify precipitating events
The main event is when andal Patrick McMurphy is sent to a mental hospital from the state prison.…… [Read More]
The author John Cheever is a suburbia novelist. However, in his short story The Country Husband, Mr. John Cheever has exposed suburbia's murky and dark side, which traps its people in a conformity web. The main character and leading role of the story Francis Weed is a winning, middle-aged man, working in New York City where his life is of genteel satisfaction and who lived in the suburbs. The whole story and plot revolves around this main character.
Analysis of the story
As The Country Husband opens, the author brings Francis Weed in a conflict with his own mortality; when the plane due to bad weather flying from Minneapolis to New York made an emergency landing. Thus, Francis experience begins in terms of thinking of his life in more heroic terms than he was familiar to do before.
Since, after his arrival at home none of…… [Read More]
In this scenario of what may be an instance of domestic violence, the officer has the option of simply talking to the couple, determining what is wrong and issuing a warning-or pressing charges against both or one of the participants for disorderly conduct. The police officer can simply use his or her presence to influence the couple's behavior or can use the actual weight of the law. The officer will have to use his or her perceptions of the relationship between the couple as well as the information the couple offers. As part of assessment, the officer should speak to both members of the couple separately to determine if one or more of the participants is at risk of suffering further physical violence. The officer should also determine if alcohol or drugs are potentially involved, which can affect the participants' judgment. It should be noted that merely because the…… [Read More]
humans unique is the combination of attitudes and opinions that make up perspective. Development of perspective determines how an individual lives, learns, and what decisions the individual makes. The attitude of a person has behavioral, affective, and cognitive components. Furthermore, it can exist in two different ways. The first is explicit attitudes. These attitudes manifest at a conscious level. They are intentionally formed and easy to identify (Wittenbrink & Schwarz, 2007). Implicit attitudes occur in an unconscious level, are not easy to identify, and are involuntarily formed. A brief example of this is a person meeting someone new.
The new person is wearing the shirt of the other person's favorite team. His name is Stu. Stu already likes the new person because he likes that team and they have something big, in common. Stu goes out a second night and has a bad interaction with a stranger. He doesn't know…… [Read More]
Social Work Exercises
Preparing for 3 Clients
Mrs. Nancy Cannon telephoned from her place of work ( the Capital nsurance Company -- phone [HDDEN] She sounded concerned. She said that on the previ-ous Saturday night, her 14-year-old daughter Amy had come home after her 9: 00 p. m. curfew, smelling of alcohol. She says that she " grounded" her daughter but now wants to talk with a social worker about the situation. Mrs. Cannon requested an appointment for herself alone, indicating that she wanted to sort things out with someone before she dealt further with her daughter.
Mrs. C. reported that this was the first such incident. She said, " 've never had any trouble whatsoever from Amy. She's been a wonderful child." She stated that she had not sought pro-fessional help before and that this was her first contact with any social service or mental health agency. She indicated…… [Read More]
Irrespective of whether or not AC Apartments satisfied its duty of reasonable care with respect to the safety of its tenants, the harm for which liability is claimed must relate directly to any failure to satisfy that standard. More particularly, to establish liability, the plaintiff must also establish that any negligence of AC in failing to exercise reasonable care was the proximate cause of the harm that resulted (Freidman 2005).
For example, had the apartment complex manager previously been sentenced for rape as a juvenile, even a thorough criminal background check performed by AC Apartments would have failed to disclose that information, through no fault of AC Apartments. A more interesting factual situation arises if AC failed to satisfy its duty of care owed to its tenants by neglecting to perform any pre-employment criminal background check of the manager but where the only relevant information available would have required…… [Read More]
Juvenile facilities provide intensive and specialized therapeutic programs with brilliant results. The juvenile placed in juveniles' corrections enjoy an education-centered curriculum and trained staff that functions exclusively with the juvenile offenders' population. On the contrary, those juvenile held in adult jails and prisons do not enjoy these services (Siegel 2009, 671). Understanding that juveniles hold different emotional, safety, social and physical requirements from adult offenders, guidelines requiring certified juveniles to get placements in divergent setting other than adult prisons and jails is paramount. More than sixteen states in America hold certified juveniles in juvenile corrections and not in adult prison until these offenders reach eighteen years.
Six states hold juvenile in juvenile facilities until they attain the age of 21. Pennsylvania and Virginia passed the laws requiring that juveniles, regardless of their crime, get placement in juvenile correction facilities and not in adult jails (Dietch 2011, p.11). This is because…… [Read More]
Evolution of the Death Penalty in Supreme Court Jurisprudence
Capital punishment has been in existence for centuries. As early back as the Eighteenth Century B.C., the use of the death penalty was found in the Code of King Hammurabi (Death Penalty Information Center [DPIC], 2010). The utilization of the death penalty for designated crimes continued through the years and became incorporated in Britain's penal system (DPIC, 2010). Britain's use of capital punishment carried over into colonial America (DPIC, 2010). Since that time, the death penalty has been a part of the American criminal justice system. However, its use has not been without strong opposition. This paper explores the Supreme Court cases exploring this controversial topic and discusses the evolution of jurisprudence on the subject matter.
Much of the legal support or opposition for the use of the death penalty has been at the state level. Where the death…… [Read More]
The right to use force in self-defense an important civil liberty and right, ensconced in the Second Amendment of the Constitution. Because of Second Amendment assurances, all Americans technically have the right to bear arms in self-defense. Some states have attempted to restrict Second Amendment rights, but the vast majority of states have implemented “some statutory version” of the Castle Doctrine (“What is the Castle Doctrine,” n.d.). In fact, some states like Florida have taken the Castle Doctrine a step further to invoke what are commonly called “stand your ground laws.” Whereas the Castle Doctrine only applies to a person’s “castle,” or home and private property, stand your ground laws can be invoked in any situation requiring self-defense. There is no real reason, evidence-based or otherwise, why Americans who are protected by the provisions of the Constitution should not be able to defend themselves if and when faced with a…… [Read More]
Traditionally the rule is that anyone was under the age of 18 years old who commits a crime will be tried in the juvenile court system; however, under certain circumstances juveniles can be tried in criminal courts as adults. The designation of the age of the defendant defined as a juvenile or minor who could be tried as an adult is determined by state law, and this age varies from state to state. A study by the Bureau of Justice Statistics (BJS) described data from over 40 of the major urban counties in the United States. The study found that prosecuting juveniles in criminal court (as adults) was generally performed only when serious crimes were committed such as murder, robbery, or aggravated assault (BJS, 2014). An interesting associated finding of the study, which was originally conducted in 1998, was that in the 40 counties studied juveniles were more…… [Read More]
Parliament enacting section 3 [Human ights Act]
It is clear that the Human ights Act is a Bill of ights were composed of several decades of debate that went across all political parties, on the need to include the European Convention on Human ights. It provides British person access to justice at home and it make available a resourceful model tailored to British constitutional traditions. Some experts believe that is necessary to replace the HA with a new Bill of ights. With that said, this paper will critically evaluate the approach of the domestic courts to the duty to read and give effect to domestic legislation in manner compatible with the Convention rights.
esearch shows that under the Human right act 1998 (HA) Section 3 "So far as it is likely to do so', key lawmaking and secondary legislation, must be read and given effect in a way which is…… [Read More]
This was due to the fact that defense attorneys often attempted to prove consent by showing that a victim did not resist the assault or had a sexual history suggesting that she would have consented to the sexual contact. Now, N.J.S.2C:14-2 no longer contains a requirement that the perpetrator overcame a resisting victim. Instead, in cases of forcible rape, the Code simply requires that the defendant: committed the assault during the course of certain specified felonies (N.J.S.2C:14-2(a)(3); was armed or seemed to be armed (N.J.S.2C:14-2(a)(4); acted with another and used physical force or coercion N.J.S.2C:14-2(a)(5); used physical force or coercion N.J.S.2C:14-2(a)(5) and -(1); the victim is physically or mentally incapacitated N.J.S.2C:14-2(a)(7). Therefore, the Code names a variety of situations where sexual intercourse between a victim and a defendant is rape, without evidence of any type of coercion.
Maria, a single mother, goes on her third date with John. They return…… [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]
There has been an increasing knowledge and awareness of violent crime among children today; those under the age of 18. There are various crimes that these individuals tend to commit. Distinction and discussion of these types of crimes, as well as the causes and reasons for the characteristics of violent and nonviolent crimes that children commit will be discussed. The concept of charging minors as adults will be discussed, as well.
First of all, a few of the most common various crimes, violent and non-violent that children tend to commit and their descriptions are among the following:
Murder/non-negligent manslaughter -- Murder and non-negligent manslaughter is the willful killing of one human being by another. This does not include deaths caused by negligence, attempts to kill, suicides, accidental deaths, and justifiable homicides. Manslaughter by negligence is the killing of another person through gross negligence. Traffic fatalities are excluded.…… [Read More]
Duncan continues to conform to the statutory definition of a sexual psychopath (Crenson, 2005)."
Temporal deviance can also cause inappropriate sexual behavior and problems maintaining personal relationships.
The courts must decide is and is not criminal when considering temporal deviance. The most basic answer to that question is that a deviancy is criminal if it the deviancy is acted on and is of such a nature that it commits force, damage or fear in a person or against a property.
Located just above the ears, the temporal lobe is involved in face and object recognition, musical ability, personality and sexual behavior. If epilepsy or some other condition causes damage to the temporal lobe, a person can become sexually attracted to inappropriate stimuli, even inanimate objects (Crenson, 2005)."
Studies have indicated that pedophiles have a lower activity level in the temporal part of the brain, however it only becomes criminal when…… [Read More]
isk analysis in disclosure cases also demonstrates that disclosure hazards are events that organizations repeat in cyclic patterns. Thus, to prevent violations and to accurately estimate the probability of an unauthorized disclosure, there are many opportunities to measure the abuses just as there are many opportunities to discover abuse on pregnant women.
Breaking the pattern of violence on pregnant women without help is very difficult and leaving home is not always a feasible or safe alternative. The high number of domestic murders for pregnant women demonstrates that leaving an abuser can be fatal. The abused is usually the only one in the world who truly knows if and when to go but that may be a time that is too late. But addressing the needs of the abused in regard to the HIPAA rules is possible.
Identify Antecedents And Consequences
Although pregnant and recently pregnant women are far more likely…… [Read More]
Children who commit crimes of violence be tried as adults in the criminal justice system?
Juveniles should be treated as adults in the criminal justice system. The paper is an analysis of this view and also deals with an opposing argument.
Most societies seek a sort of "revenge" on the habitual offenders of its norms of behavior and this is termed as retribution. In the case of young offenders, this is sometimes translated into putting them in adult courts instead of juvenile courts. This also reflects the anger of society for their crimes. This is an important question that has to be looked into, especially in the social milieu of the United States. The trial of youth as adults is already accepted in some of the states, when there are incidences of serious crime. At the same time we keep on referring to the children as the greatest available resource…… [Read More]
The current designation of the major categories of crime in the U.S. can be traced to England following the Norman Conquest in 1066. Prior to this period the Church was the primary regulator of morality, but over time the Church began to lose control over the lives of people and the local governments began making regulations (Dworkin, 1978). After 1066 Henry II institutionalized law throughout England in order that it would be "common" to the country and he reinstated the jury system. Judges went from London across Great Britain to see cases and they would discuss cases with one another upon returning. This developed "case" law and judges used case law to decide future cases allowing the law to be "common" throughout England. Statutory law did not occur for several hundred years later. There were three basic crimes under the common law: treason (high and petty), felonies (with and…… [Read More]
If police, along with others in society, perceive high risk sex offenders as humans who possess the potential to be rehabilitated, then incidences of possible discrimination against these individuals might decrease. This in turn, the researcher contends, could contribute to incidences of sexual offences being prevented and/or reduced. Even though the researcher never generally cared about how high risk sex offenders felt, the conviction that discrimination is wrong over-rode the researcher's non-committal, and in turn, spurred the determination to expose the problem of discrimination in this area. Not only does the researcher hope to expose the problem of discrimination shrouding a population the majority in society would prefer not to deal with, the researcher also hopes to perhaps offer a possible solution; a tinge of hope for a brighter future of fewer incidents of sexual offences against young ones in society.
esearch Design and Methodology
The following five chapters constitute…… [Read More]
The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized…… [Read More]
They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extradited back to where ever he came from. They believe that such lenient 'European' laws create a huge gap in security, which need to be tightened and that human rights conventions such as the Convention Against Torture make it almost impossible for states to gain a reasonable and necessary degree of assurance against devastating attacks in an age of asymmetrical warfare against international terrorists.
Former U.S. officials such as Michael Scheuer, who helped to set up the CIA's rendition program during the Clinton administration, are more forthcoming about commenting on the nature and existence of 'extraordinary' renditions. Scheuer has in different statements…… [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]
hen their state of denial lifts, they are often wracked with remorse for what they've done.
The final circumstance that Resnick lists is uncommon but not unheard of among mothers who kill their children: spousal revenge. Though this is rare among women, one recent case that highlights it is the case of an Ontario mother, Elaine Campione, who drowned her two daughters in the bathtub, allegedly to keep her ex-husband from getting custody and to inflict intense suffering upon him. She even made a video only minutes after the murders, asking her ex-husband if he was "happy now" (CTV News 2010).
ith all of these circumstances potentially leading parents, especially mothers, to murder their children, legal prosecution and defense of these cases can be difficult -- at times, heart-wrenching. In the cases of mothers who have killed their children, the great majority of the defenses center around pleas of insanity.…… [Read More]
There is a great level of disparity and disproportionality in today's criminal justice system and as noted in this work in writing, this is likely the greatest challenge facing professionals in the contemporary criminal justice system and in the criminal justice system in the near future. It is critically important that this disparity and disproportionality be addressed due to the negative and adverse impacts that result from an overzealous imprisonment of individuals from minority racial and ethnic groups in the United States.
Harrison, Paige M. And eck, Allen J. (2006). Prisoners in 2005. Washington, DC: U.S. Department of Justice in: Garland, rett E., Spohn, Cassia, and Wodahl, Eric J. (2008). Racial Disproportionality in the American Prison Population: Using the lumstein Method to address the Critical Race and Justice Issue of the 21st Century. Justice Policy Journal. Vol.5, No.2, Fall 2008. Online available at: http://www.cjcj.org/files/racial_disproportionality.pdf
Spohn, Cassia C. (2000). Thirty…… [Read More]
For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.
Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]
Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, evaluation, learning retention and more efficient and effective use of resources which are by definition scarce.
These broad general issues were refined for the purposes of this study into the research questions stated below.
What is the background of the District of Columbia area policy and community relations since World War II?
What are some major problems preventing positive relations between communities and the District of Columbia Metropolitan area police?
Can training programs of the District of Columbia Metropolitan Police Department enhance community relations?
What training modules can be used to enhance relations between surrounding communities in the District of Columbia Metropolitan area law enforcement?
Significance of the Study
esearch Design…… [Read More]
stresses and challenges facing inmate families, especially children? Children of imprisoned parents suffer the most.
Children whose parents are imprisoned face adverse impacts. Criminal justice system focuses more on the individual guilt than the adversities that are faced by the children. It is important that the criminal justice system should keep in mind the effects that are seen in the children during their parents' imprisonment, release as well as trails and arrest systems. One of the main changes that are faced by the children includes a great change in the attitudes of the society as the children are treated in al ill manner. Being on an outside world, as compared to the world behind bars, the children are treated as inmate facing much harsher conditions created by the societies. When parents are imprisoned, children of the family, no matter how young or how old have to accept the responsibility of…… [Read More]
Australian Criminal Justice System
Formal mechanisms are required to make certain there is no bias or discrimination against the people. With informal mechanisms there was unfair treatment of the accused even to the point of receiving unjust sentencing. Those who had the power within the informal mechanisms often received the property or other goods once held by the accused, withhold evidence for personal benefit, or acted as vigilantes exacting their own justice (Lincoln and obinson, 2010).
Social control is best managed by those that have been elected to oversee the management of the changing formats of punishment for criminal behavior. The formal mechanisms work best when connected with matters of state within society (oach Anleu, 1998). One theory that demonstrates the interconnected relations is the Behaviorists Concept. This theory asserts that social control lies within governmental administration of what is considered a normal lifestyle through
Legislation, legal action and negotiation…… [Read More]
A plea-bargain is frequently attained at this time in order to circumvent a trial. In the event that a plea-bargain is reached, the case does not move forward to a trial but failure to offer enough evidence to establish a plea bargain will mean that the case goes on to trial (Criminal Justice System Handbook, 2009).
Trials consist of a sequence of proceedings where the prosecutor presents evidence which will be used to prove the defendant guilty beyond a reasonable doubt. In felony cases, the defendant is given chances to admit their innocence but there are also times where they are presented that they may dispute the validity of evidence that has been presented by the prosecutor. Felony cases normally entail the services of a jury who listen to the case proceedings together with the judge and then after careful assessment of the evidence that is presented; they…… [Read More]
Judiciary Branch of Government in the United Kingdom
The Judiciary Branch of Government
Structure of the U.S. And UK Judiciary Branch
A Comparative Case Study
The structure of the judiciary branch of the government in the United States and the United Kingdom are quite different and the student which studies judiciary structure will readily agree with the statement of fact that textbooks in relation to the American government and politics pay substantial attention to the role of the judiciary; many textbooks on the government and politics of the United Kingdom have -- at least until recently -- virtually ignored the role of judges in the UK which leaves one asking exactly why that this is the case. . The purpose of this work is to research and examine the lack of information and attention to the role and function of the judicial branch of the UK government and to compare…… [Read More]
legal system: Where laws come
The Constitution of U.S. is considered to be the 'supreme law of the country'. It provides the foundation for the American government, and provides the scope for the freedom and rights of all the citizens of the country. (Introduction to the United States Legal System) The Constitution describes the broad arenas wherein the federal government can legislate upon, when the other issues could be left to the scope of control by the state and local government. Hence, even though the federal government has the power to act in myriad arenas, most of the laws are being adopted by state and local governments. (Understanding the U.S. Legal System) Treaties which are being made by the U.S. are the Supreme law of the country and they come under the U.S. Constitution. When a conflict issue arises between a treaty and a federal statute, the one which is…… [Read More]
The ICJ made clear that it did not desire and was not trying to expand its jurisdiction and stated that the issues did not "expand its jurisdiction into new areas by stating that the issues did not "concern the entitlement of the federal states w/in the U.S. To resort to the death penalty for the most heinous crimes" and that the function of the ICJ is to resolve international legal disputes not for functions of a criminal appeals court.
Summary and Conclusion
It is the purpose of Article 41 of the VC to allow for an interim period pending trial in which the consular officers of the country involved are enabled to go on with their business in the period between the commission or occurrence and the trial of the crime for which the individual is accused. It is important to note that Under Article 41 of the 1963 Vienna…… [Read More]
Corruption Within the Criminal Justice System
Although the American system of criminal justice and jurisprudence is widely regarded as a model for democratic nations across the globe to emulate, with its guarantee of due process and protection from illegal search and seizure standing as pillars of liberty, glaring defects still exist which warrant further improvement. From the disturbing trend of disproportionate arrest and sentencing among minorities, to the inability of courts to adequately enforce prohibitions levied against sexual predators, America's criminal justice system is imperfect at best, and inherently broken at worst. Widely publicized court cases such as the recent trial of George Zimmerman, a Florida vigilante charged with, and late acquitted of, murdering a young African-American man named Trayvon Martin, only serve to expose the fundamental flaws which are still far too prevalent within corrupt law enforcement agencies, an aging and outmoded judiciary, legions of overburdened prosecutors and defense…… [Read More]
Juveniles as Adults: Pros and Cons
Severe and continuing juvenile offenders are progressively being tried as adults in criminal court all over the country. These juveniles face incarcerations in adult correctional facilities and the dangers that come from being with an adult criminal population. This type of movement poses significant inquiries for policy makers. To what degree do trials in criminal courts and imprisonment in adult reformatories endorse or hinder community security and the answerability and reintegration of juvenile offenders? This research paper deliberates on the legal consequences of adjudication in criminal court and offers a comprehensive review of research discoveries on the preventive effects of transfer laws, sentencing patterns and conviction and recidivism rates in juvenile as opposed to criminal courts, and programming and conditions in juvenile as opposed to adult correctional facilities. The pros and cons of trying juveniles as adults are discussed along with the evidence to…… [Read More]