This paper places its focus on what should be undertaken to ensure ethical rules are adhered to fully. In addition, this paper discusses the ethical implications of following commands from superior officer. Through a number of ethical theories, this discourse outlines how ethics can be utilized in making suitable decisions in the criminal department hence ensuring all parties achieve justice (Pollock, 2012).
After her disappearance, police could not figure out the kidnappers, and they could not locate her body. The investigations and searches went cold leaving her family torn between resignation and hope. After years of waiting, Dugard reappeared with two children, fathered by her supposed abductor.
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There are also customs, treaties, equity, delegated legislation and statutory interpretation to consider. Question 2 There can often be some ambiguity or room for interpretation for cases that involve a statue. This means that judges may have to use this skill when interpreting how to apply legislation (Clarkson et al, 2008).
Taking into consideration the case of Cipollone vs Liggett Group, Inc. (1992), Congress' power to pre-empt is considered to be broad as long as it is aligned with the source of its authority, the Supreme Law. If the Congress exercises its Commerce powers such as its preemptive powers without interrupting an existing federal law, then their powers and laws are binding.
This is to imply that in the event that a case, which has been brought before a court has nothing to do with questions of fact, then it is construed that the only issues are questions of law, which by that understanding deems the fact finding process quite unnecessary1.
It persists in developed and developing countries alike; however, the latter are more prone to such cases. Research suggests that domestic violence is the product of various risk factors. Amongst the most prominent causes of domestic violence are the evolutionary theory (past experiences of parental violence), feminist theory, poor socioeconomic standing and social problems contributing to drug use by males (McCue, 2008).
Federal Rules of Evidence Witness Tells of Escaping Kidnapping by Defendant Name: Course: Presented to: Date: Federal Rules of Evidence Ms. Woodard’s testimony against Mr. Littlejohn indirectly incriminated the defendant in the murder crime that he was facing.
Wang and Murie (1999, p971) explain that housing inequality in countries such as China was minimal in the past since the level of consumption was very low. Housing reforms in Britain came into the picture due to intrusion of market forces which affected changes in the availability of houses and thus, changing the housing consumption levels.
Freedom of expression not only encompasses the rights to freedom of speech and freedom of the press, but also the right to assemble as well as to appeal to the government in case of complaints. The First Amendment, which was implemented in 1791, stated that the congress would not create any law respecting formation of religion, or barring the open exercise thereof; or shortening the openness of speech, or of the press; or the moral of the citizens peaceably to collect, and to request the Government for a redress of complaints.
Some are of the view that a minimum age of 21 years is appropriate since most gambling areas sell alcohol and only those of 21 years and above can be sold alcohol. This has been the view of many and is the case in the United States of America (USA), where most casinos have set the minimum age at 21 years.
Most of policies of 60's have been prompted by the need of establishing secure grounds that could guarantee safety and enhance the health of the Americans. The paper analyzes the roles assumed by the U S military forces, and the drug policy changes in the country since the 1960s with the aim of analyzing how the two interrelate.
The justice process of juvenile is based on the rational that the developmental process of the juveniles is quite different from that of adults and their behavior can be altered over a certain amount of time period. Due to this, the juvenile justice system treats this section of the society with the aim of rehabilitating them and providing them protection with the assistance of community.
Therefore, the key objective of the doctrine if to set both the employer and the employee free such that they can take any actions without notifying each other provided they are supported by legal reasons. Employment-at-will doctrine also allows the employer to change the terms of the employment contract without incurring any legal liability.
Major Theories of Crime Causation. Various units contain a number of theories that try to explain the causes of crime in the society. The theories have been developed to have an in-depth understanding of the crime and how best they can be addressed to ensure that humans live in a conducive environment.
The government engages in contracts to accomplish procurement requirements. These regulations were started to streamline the government purchases of goods and services by ensuring that the process of procurement is flawless and economical to for effective government budget utilization.
Motor Vehicle Manufacturers’ Association of United States vs. State Farm Mutual Automobile Insurance Company 463 US 29 (1983): A Case Study Case Summary The facts in question in the iconic case of 1983 Motor Vehicle Manufacturers’ Association versus State Farm Mutual Automobile Insurance Company are, briefly, as follows.
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This is why these people become the subject for mistreatment. It had been a social policy but in the recent decades it has become a major issue in the health and social services. Elder mistreatment can be defined as the intentional harm created to an elder by any person who is related to the elder.
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According to studies, cyber crimes have the potential of harming a nation’s security system and its financial well-being if these criminal levels escalate. In many cases, these cyber crimes include copyright infringement, underage pornography, government cracking, and child grooming.
Public policy can, therefore, be defined as a system of laws, regulations, courses of action, and financing priorities concerning a given topic put in place by a government entity or its appointees, and is usually adopted and implemented by the general public, and the authorities put in place to enforce them.
Finally, I express my special thanks t------ who gave me this opportunity to learn the subject in a practical approach. Introduction: The trial was heard before His Honour Judge ‘S’ in Southwark Crown Court, situated near London Bridge on the south bank of River Thames.
The relevant law relating to eligibility for receiving social benefits is discussed below. Advice to Nicolas has been rendered in the discussion and conclusion part of this memorandum. Relevant legal position. Free movement of workers within the European Union is governed by the following legislations.
The criminal demeanour and other behavioural issues are frequently supposed to be arisen from the home background of serial killers due to poor role models or due to inadequate discipline. Serial killer’s behaviour appears to be an outcome of a highly intricate interaction of sociological, biological and psychological factors.
The filibuster is the process of extending an unnecessarily long debate or speech with an intention to delay the procedure of the Senate or to delay or prevent the vote on a given bill. It is an effective weapon used by minorities in the Senate to sabotage the procedures in the Senate including approval of bills.
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Hurricane Katrina was the largest hurricane of its strength to approach the United States (Knabb, Rhome & Brown, 2005). Its size alone caused damage in a region of a hundred miles from the center of the storm. The states of Louisiana, Mississippi, and Alabama faced the most destruction (Knabb et al., 2005).
The Court reasoned that in accordance with Inter-Environment Wallonie there was prescription that if a directive was transposed before the expiry of the period it should be in compliance with the said directive. It was further pointed out that countries like Belgium and United Kindgom thought that they were free to adopt any measure till the time of expiry of transposition.
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A tort should therefore be differentiated from a crime. In a tort, the injured party should be compensated by damages but a crime leads to criminal proceedings. Crime is as a result of breaking the law (Adamson & Morrison, 2011), but a tort may not be as a result of breaking the law hence; it necessarily may not be a criminal wrong.
As a result, minors or the young generation become less productive and more criminative. Juvenile delinquent after care program provides an opportunity to the delinquent youth to correct themselves. These programs are designed to assist and guide the young offenders with the support and proper guidance in order to correct, transform and motivate them.
It came into force in 1953, and it established the European Court of Human Rights (ECtHR). This body was instituted to protect parties who felt that their rights were being violated as per the Convention by any party covered therein1. Recently, there have been calls by certain organizations to have all abortions, smoking in cars banned in various regions in Europe.
One such pressing issue is the use of racial profiling as a criminal justice policy adopted and implemented by the federal as well as local government. On one hand it is argued that such practices tend to be highly biased against the racial and ethnic minorities, and are a result of racist attitudes towards such groups or communities.
In an effort to strike a balance in child protection, the interpretation of jurisprudence in section 31 of the 1989 children Act has ensured a number of attempts by the courts to make viable interpretations for purposes of child protection in an approach that is compatible with human right.
The states in question include Wisconsin state, Michigan State, Iowa State, and lastly, Missouri State. With the increased number of cases coming in, the statutes of law in these states have to be followed for successful reference purposes. The causes of action to be looked at include, personal injury, breach of contract, in which there may be one for written contract, and the other for oral contract.
In healthcare settings or hospitals, safe and comfortable working environment is necessary for delivery of services and optimal performance of medical personnel. Good relationships among colleagues in hospitals are also important in decision making process.
Ideally, marriage is considered to be enduring, secure, and comforting. However, the reality has been different especially in modern times as evidenced by increasing rates of divorce and separation. This trend has been attributed to higher satisfaction degree that partners in marriage expect from marriage (Herring, 2011, p.
According to the Declaration of Independence of the United States (1776), human beings are born with inalienable rights and these should not be violated. On the other hand, it can be noted that the law of the land in different countries is designed to protect the rights of the citizens in different ways.
Every state has its own set of rules and regulations, which differentiate its law and justice system from other countries. America and Canada has good trade relations mainly because of free trade agreement between these two states. Canada and America are close neighbors and these countries have somewhat similar law and justice system.
2008). Organized crime as a global activity started with the fall of Berlin wall, collapse of Soviet Union and Western capitalism which believed in free markets in allocation of resources and flow of goods and services across international borders (Aguilar, 2008).
On the contrary it is also in these areas government should understand more about the associated problems with organized crime and its solutions. Thus, in this paper, the proponent identifies the problems presented and the various relationships established by organized crime.
It reflects the causes of wrong doing, exasperation or damage. In broader terms, nuisance exists in two forms that are public and private. Sir J. F. Stephen’s definition of nuisance is regarded as valid and is explained as: "An act not warranted by law, or an omission to discharge a legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to all of His Majesty's subjects".1 The word nuisance indicates that the "rights of enjoyment" of people are being usurped to such an extent that a tort is being attracted.
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United States and the International Criminal Court
The US has been an influential campaigner for the international rule of armed dispute since the organization of international humanitarian regulation. I Evidence demonstrates that United States policy has enormous impacts on the ICC implementation and success in different global states.
The employment laws of Canada have outlined the basis of unfair labor practices and outlined the requisite legal case filing procedure. The significance of the unfair labor practices definition for the labor laws in Canada is to protect the employee from exploitation by an employer or labor union.
The Merriam-Webster dictionary defines domestic violence as “any acts of exacting physical harm by a household or family member on another, can also refer to frequent or routine pattern of such behavior” (Merriam-Webster). Domestic violence over the years widely associates with serious public health problems.
Drugs can destroy the lives of millions of young people who are the assets of world. Drugs are a major threat to the health of the young generation; it generates crime and kills the hopes of millions of people and their families. Drug abuse can cause mental and physical problems for the addicts.
The high incidences of substance abuse in correctional facilities have led to questions raised about the effectiveness of criminal justice systems in Austin, Texas. The high numbers of prisoners in Texas and the increasing cases of substance and sexual abuse are major causes for concern.
Therefore, the subject of abuse of power by the government has been in the air with citizens complaining and chattering all about the ineffectiveness of the chosen leaders. Period after period, leaders continue to lie to the citizens and abuse the power given unto them by the citizens.
The rulings that take place in these courts of law also have the ability to influence the way that the judicial system will handle similar cases from that time onwards. These cases can be said to have changed the way the law reacts to such matters by setting precedence.
But what are the factors contributing to success or failures? This paper aims to discuss the factors associated to successful or failure of intelligence operations but specifically focused on Iran’s denuclearization issue (Cordesman & Seith, 2009; Khan, 2010).
In areas of criminal law and in context of sentencing regimes there has been displacement of mandatory sentences by discretionary sentencing systems. One of the burning issues of criminal justice, which has remained controversial, is the way sentencing judges exercise discretion.
How effective is transitional justice in Afghanistan? Taking into consideration the political system in Afghanistan, the lack of political will to pursue justice and the weak cum malfunctioning judicial system as well as the Bonn Agreement.
The essay evaluates the statement “The Lisbon Treaty has replaced the “old” European Union with the “new” European Union,” Schutze, 2012). In so doing, it illustrates to what extent the Lisbon Treaty presents a new direction in the institutional arrangement and decision-making process of the European Union.
Agent conducts business for the best interest of the principal and should always respect the wishes of the principal at all cost. The agency powers maybe obtained either from the law, from the conducts of the principal, or from the treaty between the agent and the principal.