Imprisonment and its presumed rehabilitation effects do not at all rehabilitate offenders rather they criminalize an individual more and thus continuing the cycle of crime imprisonment should have put an end into. Movements that sought to totally eliminate crimes failed to balance this with the concept of reforming the criminal.
A person may reasonably expect privacy although this is not a conclusive factor especially in unfair dismissal cases (Mantouvalou, 2009). Further, as already explained in a previous case, the ECtHR clarified that although the act in question is prohibited under criminal law, it does not mean that it is already “outside the scope of private life”.
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As drug smuggling becomes more and more common and drug interdiction officers become more alert and watchful of the situation, drug smugglers have come up with newer ways to pass under the vigilant eyes of law enforcement officials. If officers familiarize themselves with these techniques, they can have a higher successful interdiction rate.
The analysis observes that the poor correctional policy formulation and the harsh prison and correctional facilities conditions are responsible for the problem of the high rate of recidivism. The administrators in the crime and justice system focus more on deterring those released to the society from adversely affects of the harsh prison conditions.
This discussion talks that crimes such as terrorism and drug trafficking problem are currently posing an enormous threat towards the national security of the modern world. While these two phenomena remain to be at the forefront of every country’s security agenda, the degree in which they currently exist has ruined national security in the entire globe.
The conditions of the entrance and the living of immigrants in a state have been under significant consideration from all the developed countries. In this context, the presence of immigrants has been often related to a series of problems caused by local societies (or the whole nations).
This is a direct application of the test of the ‘hypothetical member’ whose role extends to the long-term effects of the alteration of the articles on the company. Based on this hypothetical case-reasoning, the Court observed that such alteration is also valid since under this circumstance the minority shareholders would benefit by the alteration
It is for this reason that states around the world should try to promote the principles of international law by following strictly its rules as they are stated through the international agreements that are appropriately approved and ratified by a high percentage of states within the international community
The civil and criminal courts which overlook the implementation of justice, of Her Majesty, in England and Wales are established and governed by Law of England and Wales and are a subsidiary of the U.K Parliament. The House of Lords is the court of highest appeal, whose decisions are binding on all the lower courts.
This will involve consideration of the Convention Relating to the Status of Refugees 1951 which was amended by the 1967 Protocol, as well as examining the changes wrought by the EC Refugee Qualification Directive 2004/83. Through examining legislation and case law it should then be possible to advise on the success of an application for asylum.
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Globally, the number of children deprived of liberty as an outcome of the conflict with law enforcement agencies is estimated to be over one million. Children may be arrested for committing an offense, for being found at risk of delinquency or in an irregular situation, because of arbitrary actions of law enforcement authorities or other reasons.
The way in which data or systems operate in multiple versions of an environment is called Interoperability. Interoperability allows systems to share information, communicate and coexist for performing common functions. Especially in the case of the Internet, interoperability becomes an essential function.
The paper discusses how this arm of government functions with the other branches of the bureaucracy in accordance with the constitution, the laws and the unique traditions of the territory or state where it is based. It is opined that it was not very accurate to state that the legislature is required in complex social systems.
It was after World War II that international trade grew greatly and along with it increased the significance of international commercial law. As the business increased between countries and companies throughout different nations, the necessity of harmonizing and organized commercial laws also become apparent.
Admittedly, September 11, 2000, the terrorist attack on the United States brought into focus a problem which before that sat simmering in the shadows of political discontent. Since the attacks, the repercussions are still being felt throughout the world and are likely to have lasting implications.
The concept of regulated third party access set by Directive 2003/55/EC has been reinforced with the Article 22 and procedure followed in applications for exemption from tariff to the newly developed liquid petroleum gas terminals. Regulated TPA based on yearly tariffs can occur in monopoly conditions.
The murder could be mitigated if Adam could show that he was provoked. This would be a partial defense. We have to look at - 1) did the loss of self-control coincide with the act of the killing? 2) would a reasonable person act in the same manner? If this is the case, then the charge could be reduced to manslaughter. R v. Camplin (1978) 1 QB 261.
the UK, it is very difficult to get reinstated into the employment, on being dismissed unfairly. The Trade Union & Labour Relations (Consolidation) Act 1992 (TULRCA), does not provide any significant help in this area. A Trade Union receives legal immunity only when it can demonstrate that its goals are lawful.
Focusing on clause 6.1, we can say that this fundamentally bestows upon the landlord his right to enjoy the share of profit accruing from the increase of the value of his property in the market or any other which rises by virtue of him being the landlord. It empowers the landlord to review the rent payable to him after an interval of five years.
Flying has become more complicated not because of advances in technology but because of security threats. Airport security deals with precautionary measures that are taken for controlling any kind of crime related to the airport scene or natural catastrophe. These crimes include hijacking, bomb assaults, snatching of luggage and much more.
The offer attached to the invitation proposed every Avocado machine to the Cwmfelin University at the rate of 220 Pounds. In the contract law, an ‘invitation to offer’ is “An invitation to the offer is a pre-determined proposal which is intended to generate an offer from the bidder of goods for a consideration, in order to effectuate an agreement.”
In most cases, deontology disagree with the idea that the human rights of each individual to perform an action gives them the freedom to justify themselves by taking into consideration the consequences of their action as a way of getting away with the moral obligation a person has with another person or to the society (Frankena 1973, p. 15).
This paper tells that the international environmental laws are formed to ensure that global commons maintain their existence without affecting the overall environment of the planet for the well being of all. Globally, efforts are made in this direction through different conventions and protocols such as Biological Diversity and Kyoto Protocol to ensure the sustainability of global commons.
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This essay shall consider whether or not a healthcare provider should provide privileged information about their patients, information obtained as part of the therapy session or should that information be withheld as part of the confidentiality agreement. Various ethical theories and principles are expected in the field of health.
As the discussion outlines, the context of criminal justice has put forth a system via which criminals may be punished or deterred from committing unlawful acts. This process of establishing a system for punishing criminals refers to as criminalization process. However, criminalization process has not been successful in most countries.
The author states that the increase in insecurity within the country has led to increased desires among the citizens in the country to own guns. The situation is aggravated by the increase in the different tribes, hate groups ranging from racial, ethnic to religious. This has increased the percentage death toll of murders committed with guns.
Two striking differences were identified when studies were made on the management flow of the applications. First, there was a near 20% likelihood of rejecting black male applications on the account of the initial background review. Here sergeants easily rejected applicants on the ground of their financial problems, and drug use
Streicher was put to death on the gallows at Nuremberg on October 16, 1946, but was the only Nazi sent to the gallows solely for his speeches and writings against Jews, which were deemed to be criminal acts. It could be argued that sentencing a person to death purely on the basis of the expression of his or her views amounts.
According to the positivist theorists, this would be the end of the inquiry. The two parties entered into a contract, the contract expressly stated that the manufacturer is only liable for mechanical defects, not for injuries resulting thereto and there was nothing in the legislature that stated that the manufacturer could be liable in such a case.
Constructive dismissal cases are reputed to be hard-to-win cases. Not only are employees expected to come up with fewer resources, evidentiary and otherwise, to win their cases in court, they are also hampered by the stringent requirement of courts and tribunals in proving that such dismissals necessarily are serious and repudiatory in nature.
This paper looks at the dimensions of crime to determine what causes crime in society today. It then closely studies theories of different criminalists on the topic all in an effort to understand crime. In conclusion, ways to curb crime in the community are tackled. In today’s society, crime is more rampant and is an issue that affects society.
Slander occurs when the untrue harmful statement is spoken in the presence of others. Slander too can be actionable per se. In Say v British Gas Limited, the claimant’s gas was disconnected from his place of business in the presence of customers in respect of an outstanding account that was not the claimant’s.
Two years ago Edward inherited the family estate. Since he prefers to live abroad, he split the land into four parts and sold them to Ady, Banjo, Chloe and Derek respectively. The conveyances all had similar terms including a covenant forbidding the purchaser to build a structure of more than two story’s high on his or her land.
According to the findings, it can, therefore, be said that Simon wants to have as a feature a guest appearance by a glamorous and high profile celebrity in order to boost the screening figures and to acknowledge the insight of business and global appeal on his reality TV show “You’re Hired!” He decides that Lady Gaga would be an ideal choice.
The author states that the duty was described by Lord Denning in Wheat as ‘simply a particular instance of the general duty of care which each man owes to his neighbor’. In respect of Florence, it is clear that a common duty of care was owed to her by Eric whereby care should have been taken.
The author states that a law enforcer is also expected to deal with a number of profoundly disheartening social situations (e.g. sights of domestic abuses), violent encounters, hostage scenes, eviction or break-in situations, etc. Sadly, in roughly 35% of such incidents turns into an actual trauma for the law enforcer.
This study will look at data from different countries and jurisdiction. Since there are some jurisdictions where prostitution has been legalized, it will be easier to determine whether this has led to a reduction of the other forms of crime such as drug abuse and human trafficking. The internet will be used as a base for collecting this information.
To the general public, homelessness is a synonymous phenomenon with people sleeping rough. People lack permanent and settled accommodation. Homelessness had been so prevalent in England that the Housing Act of 1996 and Homelessness Act of 2002 were legislated to provide a way forward towards reducing the number of homeless people.
In this book, Kozol finds that most of the children from the minority races especially the blacks in America continue to attend segregated schools and this has devastating effects on the child’s development as well as the academic performance, which then translate to their competence in the job market.
The main idea of a new sovereignty is finding a language to mediate between the one and the multiple. The constitutional formation of limits and equilibrium, checks and bal¬ances constitute a central power and maintain power in the hands of the multitude. That is why these can become the basis of the new sovereignty.
The doctrine of proprietary estoppel is used to provide rights for persons who are unable to establish a claim to the property under the principles of resulting or constructive trusts. Proprietary estoppel is established based on the notion that it would be inequitable for the legal owner to deny another, the right to a share in the property.
In the United Kingdom jurisdiction, the competition law applicable to the airline industry is the Competition Act of 1998 and because it is part of the European Community, also the European Community Treaty of Amsterdam specifically sections 81 and 82 thereof which treat of prohibited acts and abuse of dominant position, respectively.
The duty of care concept in the tort of negligence was firstly introduced by Lord Esher in Heaven v Pender as a precursor to the modern law of negligence. Lord Atkins continued to define the term “neighbor” in the legal sense as being “persons who are so closely and directly affected by my act that I ought to reason to have them in contemplation as being so affected.”
In considering the basis for recovery under the quantum meruit principle, Beatson argues that a fundamental justification for this is that “it is clear that a person who has rendered services requested, accepted or acquiesced in by the defendant is entitled to recompense whether or not the defendant gained from the services.
The issue regarding whether or not Human Rights is universal has continually been debated upon by critics. She states that “the perception that human rights as a universal discourse is … being questioned and resisted by both intellectuals and states…nothing can be universal; that all rights are defined and limited by cultural perceptions.”
Companies or corporations are generally created to spread the risk of investment and to protect the interest of the owners. Unlike single proprietorship and partnership, the corporation enjoys autonomy from its owners. By operation of law, corporations enjoy legal fiction and have a distinct personality from its owners.
Sharia law is more than a legal regime for Muslims. It dictates the way that Muslims should conduct themselves in their daily lives. In many ways, Sharia is a way of life for Muslims to the extent that Muslims living abroad continue to respect and abide by the principles and concepts embodied in Sharia
The Preston Borough Council (PRC) is authorized to proceed with the planning for redevelopment of a piece of land that used to be the premises of St. Mary’s Church, at Friargate Brow. The property is government land and is owned by the government and has been given on lease to the church diocese.
The story of humanity is filled with the search for principles and paradigms that will allow people to better understand and grasp their humanity, a humanity that is not made more humane by a transcendental reality, but a humanity that may achieve its fullness in the recognition of a commonality, of the common human experience.
The author of the paper states that if a corporation knows that it will need to purchase 50 million dollars on foreign exchange markets within a span of three months, then, in that case, it can organize a fixed price for that leverage with the help of a financial contract known as derivative.