3). This link between punishment and the structure of the society is reflected in Durkheim's views about punishment and types of solidarity in societies; Philip Nonet and Philip Selznick's analysis of transitional legal systems and the movement from repressive to responsive law; Donald Black's work on the behavior of law; Michel Foucault's treatise on changes over time in states power to control the body, mind and "souls' of its subjects; and Norbert Elias's argument about the growth of "civilized sensibilities' in modern society that shape how punishment is dispensed (Wendy 2005, p.
Islamic countries, which practice the law, usually conduct their judicial processes while referring to the provisions stated by the law. Just like the secular law, Sharia law deals with issues touching on crime, economics, and politics as well as issues affecting an individual, such as hygiene, prayer, diet, fasting, and sexuality.
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In some instances, the force majeure may merely suspend the parties’ obligations. Some events that may lead to the development of a force majeure include rainstorms, fire, civil unrest or even attacks by terrorist groups. A force majeure is important in that it helps contractual parties to avoid fulfilling massive liabilities that may in fact be impossible to perform in cases where the parties remain obliged legally as in the case of Jardinia Limited versus Southern Belles Limited.
For less serious cases, offenders may serve sentences in county jails; alternatively, they may receive less severe sanctions like community service. The law provides that when people commit crimes then the US Criminal Justice system oversees the case until one is found guilty or acquitted as appropriate.
The other objectives being the development of a cost effective delivery of healthcare, they also advance public discussions and are committed to the society through the harnessing the intellectual capacity of the university to develop, test and study efforts to help in the improvement of the well being of their employees, their dependants and retirees.
The government of Scotland tries to make sure that they help people by making sure that they are inculcating family values and trusts amongst each other and not making rules and regulations regarding what to do and how to behave with each other or raise their children.1 The laws which are designed for the family, in such laws the rules are regarding the responsibilities which are related to the couples, the parents along with the people who are a part of it and who participate in the children welfare.
Research on public procurement by Tabish indicates that there is not enough transparency in public transparency to ensure that losses do not occur in the pockets of greedy or fraudulent individuals.2 This is cited to be due to corruption, where research has shown that in India, the largest amount of funds lost in public procurement is the result of lack of transparency leaving loopholes for corrupt individuals to stash the cash or even collaborate with procuring agencies to make a kill from public funds.
In addition to this, immigrants and those who have a hearing impairment have the right to be present in court hearings that involves them, as the victims or as defendants. Therefore, the courts are then again obliged to provide translators who will effectively ensure communication barriers are broken in the courtroom.
The old paradigm was to be culturally-neutral in prescribing ways to control substance abuse, primarily alcohol and other drugs (AOD) where effort was maintained to project a politically-correct program that seemingly appears to be not in any way smacks of racial discrimination.
The provisions associated with abortion have long been witnessed as one of the highly debated issues in this contemporary world. In relation to the controversy of women’s decision for terminating the pregnancy, it can be viewed that different contentious aspects create various questions or doubts concerning the debate on abortion.
This act also has importance on the prevention of any workplace injury or accident. Several regulations established by occupational safety and health act have the superior of spelling out particular legislation requirements. These regulations may prescribe limited standards.
One of the reasons that prevent employees from finding jobs or securing contracts is the negative references delivered to their potential employers, upon employee’s evaluation for the jobs. Most people especially in the third world countries tend to ignore these actions, but in the western world, once such an issue is determined, blame is passed on the former or current employer upon reference information reaching a prospective employer may end in a lawsuit.
It is an acceptable fact that an individual’s past determines the future life. However, some believe that an individual’s past is irrelevant when deciding the fate of a convict for breaking the law. They attest that any grey areas should not exist in matters concerning crime.
Doctrine of Precedent. Reliance on precedent decisions is an important aspect of any systematic and consistent decision procedure. Considering the experience of past decisions plays a crucial role in securing the needed consistency and stability in application of law.
Giuliano de Medici died after the Pazzi’s family and Archbishop Salviati created a conspiracy against the Medici family on 26th April 1478. This led to the attacking and killing of Archbishop Salviati and some members of the Pazzi family by a mob in Florence. Due to these happenings, the Pope Sixtus decided to excommunicate Florence.
The team was also required to take the entire measurement of the crime scene, including all items that would be recovered. Since the weather forecast predicted unfavourable conditions, we were instructed to proceed to the location as soon as possible in order to preserve all the available evidence and prevent any loss or damage to the evidence.
Author focused on the process involved in the appointment of justices and the principles adhered to ensure its independence; the significance of fair trial and how this is equitably treated with the freedom of expression viz the right of court to hold anyone in contempt; and the functions of the executive body in the dispensation of justice, however with focal interest on Lord Chancellor’s role in the prosecution of accused and those matters affecting miscarriage of justice1.
As such the criminal and civil courts act as the independent bodies that see to it that justice is achieved. They determine if the alleged wrong doer is actually guilty or not. If guilty, they determine the remedy or penalty that is attached to the wrong done.
A criminal engaged in transporting drugs would likely to be engaged in transporting many other illegal goods also. “Organized crime is both a social system and a social world; the system is composed of relationships binding professionals, criminals, politicians, law enforcers, and various entrepreneurs” (Block, 1980).
Discretion is judgment and judgment is exercised by applying ethics and values to facts. Actors in the criminal justice system substitute their judgments for formal statutory punishments in order to influence criminal justice system by the means.
Moreover, the definition of juvenile offender differs from country to country.3 In the UK, juvenile incarceration rates are among the highest in the world, though some communities have witnessed a slight decrease, largely due to local communities’ programs and attitudes towards juveniles.
The chief justice presides over the Supreme Court. Situated in Washington D C, the Supreme Court handles cases of those not contented with circuit court of appeal decisions. Elena Kagan is one of the justices currently serving in the Supreme Court. She serves in the capacity of an associate justice having commenced her term on the seventh of August the Year 2010.
Juvenile facilities consist of both private and public correctional facilities. Statistics show that the facilities are likely to have a complex mixture of people with children who might have been accused of something to proven delinquents. The private facilities contain more status offenders than public facilities but both have the same proportion of delinquents.
Blabber, an Atlantic established newspaper working for the last 10 years, employed her in a position of entry level researcher. After serving 2 years, she has been elevated to the status of junior level reporter. After serving another 2 years (4 years in total), she was promoted to the position of senior level reporter.
With this effect, an individual should only be prosecuted after all the evidence has been collected, analyzed, monitored and the surrounding conditions have been completely evaluated (Siegel, 2009). Those in charge of the evidence in the modern prosecution are expected and required to perform their duties with skills.
The author states that Sarbanes-Oxley Act (SOX) has established Public Company Accounting Oversight Board (PCAOB) in order to measure three aspects (Examining the audit process of the public company, establishing audit report standard and rules, inspecting regulation and registration of public accounting firm).
For instance, many countries such as the United Kingdom restrict citizens from owning personal firearms. However, the government of the United States has limited restrictions; hence, many people own personal firearms for varied reasons such as security purposes.
Cigarettes are dangerous and offensive to those people who are exposed in public places. The term, “in public,” implies shared space. It must be considered that there are ill people, infants and children, pregnant women, elderly people, valuable and contributing members of society, animals, birds, insects, trees, plants, and air in that shared space.
The case stemmed from major concerns when approximately 14,000 people contracted a disease called Hepatitis C due to irregularities in blood and blood products transfusion. From the case proceedings and the evidence presented in regard to the case, it was succinctly clear that several factors were to be considered particularly in relation to human knowledge on hepatitis C and more importantly the level of commitment by the National Blood Authority in ensuring safety during blood transfusion (Williamson web).
Therefore it is fluctuating the way police sectors work. So it is crucial for law prosecution administrators to stay contemporary with continuing technological progresses (Rostker, 2008). Nowadays administrators want not only to be acquainted of emerging technology, but also to have a functioning understanding of what this technology might do for their activities.
It is hard to account for correctional system corruption; hence, no one actually knows its magnitude, that is, if it has increased or decreased over time. In the case of reduction, one may ponder if the decrease in corruption can be attributed to anti-corruption measures.
Do you agree with it? Why or why not? Answer: The right of self-defense in modern law had its origins in the Roman Law (c.ad 1 – ad 250) principle known as dominium. This refers to the sum of all rights, powers and privileges a legal person could have in a thing.
United Nations Conventions on Contract
The present paper aims to discuss the business and trade deals conducted at international scale between SamCo with DeanCo on the one hand, and between SamCo and CastielCo on the other, in the light of 1980 United Nations Vienna Convention on international trade and business contracts.
This international convention was administered by the International Maritime Organization (IMO) owing to the increasing number of marine accidents such as oil spills and other forms of pollution from ships in to the marine environment. The problem was only aggravated by the increasing industrialization and countries introduced national regulations to control oil spills and other forms of pollutants in to their marine waters. The OILPOL convention, which was organized by the United Kingdom in 1954, was initially introduced to address oil pollution caused b ships.
Thus there exist a number of theories why punishment and sentencing are imposed. The goal of the criminal justice system and the government itself is to make sure public safety. The paper is about how the state should reduce recidivism. The criminal justice system has been enforcing the process of sentencing and punishment as ways to reduce recidivism or the likelihood of the criminals to commit violation or crime again.
Over the last few years, the number of reported cases has risen significantly. Bicycles are widely used across campus, due to the easy in maneuvering them through traffic, the relative inexpensiveness of buying and maintaining them. From the perspective of students, the theft of their bicycle has a significant impact.
The author states that from the novel, it is evident that the judicial system is painted as evil and corrupt in nature. Tommy Molto, a prosecutor in the Sabich’s case, is later discovered to be a very corrupt person who took bribes. In the story, Sabich is convicted of a murder he never committed.
All the concerned governmental and non-governmental agencies involved in the criminal justice system should, therefore, welcome any action plan or intervention that recognises and addresses social exclusion and socioeconomic status and their impacts on minority over-representation in the criminal justice system.
The process of tort litigation mirrors the challenges confronting people during criminal prosecution. Tort action is defined by financial compensation for wrongs that have resulted to injury to the plaintiff, such wrong include intended harm, negligent harm and strict liability.
appointed judiciaries and the merits of establishing a mandatory retirement age for judges. An elected judiciary is more accountable than an appointed one is. Electing judiciary members, however, leaves room for the selection of unqualified judges because the voting is at the discretion and judgment of the citizens.
In his 26 years of service on the highest court in the land, Scalia has significantly promoted conservatism ideology in his verdicts, rooting for textualism in constitutional analysis and originalism in the interpretation of laws of the country (Scalia and Ring 8).
This convention is to ensure that there is uniform sales law in countries. Seventy seven countries till 2010 have signed up for it and they hold a large portion of the trade in the world. This implies that it is a success worldwide in unifying sales laws.
The Facts Initially, the Government owned shares in Belize, but they were gradually sealed off when in 1989, Belize privatized its telecomm network and established Belize Telecommunications Limited, which is a corporation. Belize Telecom’s assets and business were transferred to the new corporation.
New fields of excellence are being identified by the aspirants of different knowledge areas across the globe according to the changing technological standards and fluctuating demand-utility curves of every product in the market. Sometimes a product with potential market credit may be traced and copied by competitors without the authorization of the original makers.
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He also ended his life in the shoot-out. This shooting was one of the deadliest shooting to ever happen in the history of America. As a result of this shooting, debate on gun control in America took shape, as a result, with a division on the gun laws in the United States.
In other words, the business field has now become “flat” in that barriers had been removed and the playing field is now leveled. The trend in globalization continues unabated as business firms seek a more competitive edge. Business firms are subject to many internal and external factors which can affect the firms' operations; these factors are usually termed as the PESTLE acronym, which means the political, economic, social, technological, legal, and environmental factors that impinge on the business operations of a firm.
Two factors are therefore considered in validating liability in criminal law cases, that is, a guilty act and a guilty state of mind (Tufal n.d). These two elements are presented by the mens rea and actus reus principles. Actus Reus This is considered to be the physical element of a crime.
For decades before this strike, which killed thousands of American civilians and destroyed billions of dollar worth of properties, the terrorists had only made significant successes against the U.S. in foreign soil. With 9/11 as the harbinger, however, it is clear that terrorists have managed to bring the war in American soil.
For any lawsuit to be regarded as a frivolous under the law, the legal basis for such a suit is regarded as absent. Some people suppose that a frivolous lawsuit denotes a silly lawsuit. For instance, Liebeck v. McDonald’s and Pearson v. Custom Cleaners cases have been regarded as frivolous since they may seem silly.