Police officers are a vital unit in society. The officers have a mandate of protecting society as well as maintaining stability and peace within the community. However, it is heartbreaking to realize that police departments are majorly paying attention to law enforcement, issuing citations and making arrests (Balko, 2013).
Both intention and recklessness can be used to substantiate the existence of men's rea. The definition and application of the doctrine of recklessness have developed into a confusing and contradictory exercise and the recent House of Lords decision in R v Gemmell and Richards was an attempt to remove the previous confusions and contradictions.
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African-American involvement in crime is truly an example of reinforcing causality, where race plays an important factor, in addition to economics and social factors. However, it is not simply that race causes these adverse effects, for these adverse effects also cause racial profiling and discrimination.
In general, communitarianism, which became known in the eighties, underscores the need to balance individual rights and interests with that of the community as a whole and argues that individual citizens are shaped by the cultures and values of their communities (Encyclopedia Britannica Online 2010).
Firm evidence of negligence and lack of care on the part of the occupiers need to be proved. Even in the case of fatal accidents that occur due to unprecedented circumstances, occupiers can be free from liability if they have issued a prior notice to the public regarding the dangers of the sport and the applicants are aware of contents of such notices.
The paper explores the complex social problems and how they inform theory and practice; concepts and theoretical approaches in criminology; philosophical and political values guiding agencies responding to crime and deviance, and the social and political processes of criminalization and victimization.
The misuse of Drugs Act 1971 s.6 provides that it is an offense to cultivate any plants of the genus cannabis.S.8 (2) of the Act provides that it is an offense for the accused to prove that he neither knew of nor suspected nor had any reason to suspect the existence of some fact alleged by the prosecution and which it is necessary for the prosecution to prove to secure a conviction.
It is quite essential to note that revolution is self-validating—if it succeeds, it becomes legitimate; if it fails, the effort itself remains tainted. This assessment is confirmed in the Court’s unanimous decision in Williams v. Bruffy (96 U.S. 176, 1877), even during such limited periods as a rebellious state reigns supreme.
It is essential to say that Mr. Wearn’s first appearance was at Hendo Magistrate’s Court on 15 December 2010. The prosecution statements comprising the evidence in the case were served in that hearing and the schedule of non-sensitive unused material (MG6C) was subsequently served on 26 January 2010.
The author states that penalties are also of agreement. Penalty includes late payment, damage to owner property and many others. The time period of the lease can be a day and extended to weeks, months or years; solely depend on the agreement signed by the owner and a renter. The agreement time period for vehicles mostly seems to be two years.
Judges have at their disposal two tools by which they can control the development of the law. They are the doctrine of stare decisis or case law precedents and statutory interpretations. Although an Act of Parliament, courts are required to interpret statutes. Precedents originate from the courts but Parliament can legislate against them.
The Due Process and Equal Protection Clauses that comprise the amendment make it very valuable support for immigrants and minorities. In the context of the civil war, it liberated the African American slaves and brought equality in American society, at a conceptual level at least. The fourteenth amendment acted as the foundation upon.
It is evidently clear from the discussion that section 8 (1) of the SGA states that parties of a contract are at their liberty to fix the price in a sale contract. Thus, this section states that the price can be fixed in a manner mutually agreed between parties or may be ascertained from the course of the transaction between the parties.
Rape is an essentially difficult crime to prove because of the innate difficulties in proving non-consent, especially in a case that does not involve the obviously forceful rape of a woman by a stranger. Before the 2003 changes to sexual offenses law, it would have been very unlikely for Drew to be convicted of rape under the situation outlined.
The partners must exercise the power to expel in good faith. For example, in the case of Blisset v Daniel, it was determined that expulsion of a partner without explanation was not in good faith and therefore invalid. However, the issue as to what the exact procedural requirement is in giving notice remains uncertain.
Whilst the UK courts are likely to take a position “somewhere in between,” in order to preserve Parliamentary intention, the current position clearly highlights the fundamental role of the Internationale case in the evolution of national law towards EC supremacy, which has now become a reality as opposed to mere rhetoric.
When a mortgage is involved, the matter is not so simply disposed of since the initial deposit does not usually determine the real value of the property. However, Lord Dillion said that the emphasis in relation to the law of trusts has been on the sums contributed by each person for the purchase price of the property.
My advice to Maria would be to apply to the courts for a non-molestation order and also request that an occupation order be issued to forcibly remove Homer from the property. If the courts are convinced that Homer and Maria were, in essence, a couple then Homer is nor likely to be excluded for the family home.
Whether or not the unlawful homicide amounts to murder will depend on the facts of the case. Questions of facts are matters that only the jury can decide. Therefore whether or not causation and provocation can operate to reduce one or both of the murder charges to manslaughter should be left to the jury rather than to CPS.
Today online trading is becoming more relevant to all the industries. Today online trading is heavily used because it is a much faster, more efficient and cost-effective way as compared to the traditional means of trading. But at the same time, there are lots of security issues that have become major concerns among online traders.
Statement: Efficacy of international law in trans-border dispute resolution. International law has been used as a global peace instrument in dispute zones and has proven to be effective in arbitration and dispute prevention process. Numerous challenges emanating from human rights violation allegations have raised a concern about reliability.
The hesitant actions of police officers to enforce expungement and sealing cases to 1,800 people, mostly African-Americans, mandated by the state judges in Chicago This lack of action brought problems on employment and subsequent integration of the blacks to society. An audit of unserved state orders for expungement and sealing cases was doneю
Not to mention, it often happens that officers are limited to what they witness with their own eyes; some think that they need to actually see the abuse taking place. This may prove to be problematic when all an officer sees is the victim venting out his rage on the now-subdued abuser, who of course is powerless to retaliate (GMDVP, 1998).
Legal rules are generally derived from statutes, such as for example, the Magna Carta of 1215 or the Human Rights Act of 1998. Conventions however comprise those known legal rules which form a part of the body of the Constitution. They are the nonlegal rules of constitutional behavior which bind the constitutional actors.
The application of the provisions contained in the rules under Section 18 of the Sale of Goods Act 1979 can be unpredictable. As previously stated the insertion of presumed intentions can be unhelpful and perhaps detrimental to both a buyer and a seller in the event one party becomes insolvent or the property is damaged in transit.
Patient assessment invariably includes the three key factors: knowledge deficit, physical immobility, and anxiety. Addressing these three main factors in addition to the appropriate therapeutic factors would certainly bring a nurse to a clear understanding of the patients’ overall position; thereby retrieving consent from the patient becomes easy.
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, Research Proposal
One of the major purposes of this study is to identify and recognize different aspects of human trafficking that has now become one of the major issues globally. In specific, it is anticipation that the results of the proposed study will allow an understanding of the contribution of international laws in the prevention and reduction of this practice around the world.
The first recorded execution was that of Captain George Kendall of Virginia in 1608 for being a spy for Spain. In 1612, even minor offenses like stealing grapes and killing chicken attracted the death penalty but reforms started in 1767 when an essay Crimes and Punishment by Cesare Beccaria had a strong impact throughout the world.
Rather, they have busily rewritten capital punishment laws and, more recently, engaged in studies designed to investigate select issues, including actual innocence, ineffective counsel, and race bias in the administration of the death penalty.
With regard to Ralph’s entitlement to the bonus at three-month intervals, the first point of recourse would be Ralph’s contract of employment with Wainwright. From the facts provided, we are not aware as to whether Ralph’s arrangement with Wainwright is embodied in a written contract of employment or whether any such contract.
The rule of law is considered as one of the key dimensions that determine the quality of good governance of a country and encompasses the additional requirements of guiding the individual’s behaviour and minimising the danger that results from the exercise of discretionary power in an arbitrary fashion.
So far as Janet is concerned, none of the above reasons apply to her to apply for the changeover to the part-time work arrangement. Another very pertinent point is that her professional services are required by the company for its customers and therefore refusal to her request is not only correct legally but ethically also because Janet works in a services-based industry.
In searching for the answer to this question, the possibility of future criminal behavior is the first concept that seems to take priority over all other questions. Therefore, in providing for the welfare of the child, it is probable that further criminal behavior can be thwarted and a productive life put into place.
The face οf policing has undergone change since the terrorist attack οf September 11, 2001, better known as 9/11. Previous to 9/11 policing focused more on protecting and serving the community by responding to crime and protecting a community from future crimes. Since the 9/11 terrorist attack, extreme awareness οf terrorism has been a central focus for police.
The Disability Discrimination Act makes it unlawful for employers or workmates to harass their disabled employees or fellow workmates. Victimizing a disabled employee because of taking legal action against his employer is not allowed in the DDA. This Act has helped push for the interests of the disabled members of society especially when such interests are related to employment.
The article, ‘Broken Windows: The Police and Neighbourhood Safety’, describes the plight of contemporary policing activities, focusing on moral, ethical and even legislative complexities that make policing communities arduous and challenging. The article begins with an examination of the potential effectiveness of assigning foot patrol officers.
When the contract is the result of a mistake, the general rules about contractual terms and their enforcement will fail to apply. When the two parties have made an error relating to a fundamental fact, then such a contract may be held to be void because of the mistake and contractual terms will not be enforced by the Courts.
Promissory estoppel applies, where a promisee relies on a nonbinding promise made by a promissory, which would otherwise be unjust if not enforced. The doctrine is common in charitable activities context, in which reliance on the promise is not always a necessity. It arises as a legal inability of the person, who made a promise to deny it.
In December of last year, 20-year-old Louise Giles was found dead in her prison cell. The inquest conducted into her death concluded that her death was the “direct result of the failure of Prison Service officials and ministers to act on the clear warnings that there was a real risk of suicide unless action was taken.”(Morris, 2007).
When you have two people who are in love and contemplating marriage, perhaps the most unromantic idea envisioned is the prenuptial agreement. However, the reality of the situation is that such a document is often warranted and even necessary to protect a party that has sizeable assets. Nevertheless, the typical English way of dealing with prenuptial agreements is to essentially nullify them.
The paper shows that some case law on the doctrine of strict compliance in regard to the return of documents has also been discussed. Uniform Customs and Practices for Documentary Credits (UCP 500) replaced UCP 400 in January 1994. Article 3 of the UCP 500 is the combination of Articles 3 and 6 of UCP 400.
The skills of a mediator in construction disputes are no different from the skills required of mediators generally. First and foremost, the mediator should possess the attribute of independence. Independence involves the ability to work independently and neutrally. As a facilitator, the mediator should be a good negotiator.
Copyright subsists in the expression of the author’s idea rather than the idea itself. Therefore, irrespective of a fundamentally new and different idea being in place, what counts is the investment of skill, judgment, and labor in creating the work. Since copyright vests in the expression of the author’s idea, in cases of literary.
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, Literature review
Furthermore, it is the contention of Lawrence Tribe, Professor of Law, Harvard University and mine as well that current attitudes and debates surrounding abortion these days have been “socially constructed”, not to mention irrevocably politicized to suit the moralistic resurgent needs of a puritanical ethic antithetical to the rights of women.
The government organization has very limited control over the manufacturing and marketing of these products, so the manufacturer needs to give more priority on the quality aspect and ensure its fitness for use in child car seats. The Car Seats Unlimited Inc. is dealing with a major problem relating to the product liability of child car seats.
European Economic Community directive 85/374 and the UK Consumer Protection Act 1987 are stringent with regard to the product liability in cases involving the safety of products causing death or damages to the customer. The object of this paper to analyze the given commercial liability case and conclude on the advice to be given to the defendant.
The paper shows that Lord Denning’s remarks in the case of Ward v James highlighted the overall judicial reluctance to the removal of trial by jury “let it not be supposed that this court is in any way opposed to trial by jury. It has been the bulwark of our liberties for too long for any of us to seek to alter it”.
A charity is a special form of deliberate organization. A charitable organization will have a distinct legal structure along with an unusual tax status. In the UK at present, there are around 500,000 voluntary organizations. Out of these charitable organizations, less than 200,000 are registered charitable organizations.
We should not allow blanket amnesty for illegal aliens. Granting them amnesty in effect absolves their illegal actions of residing, working and driving in the United States under false documentation. It rewards large numbers of foreigners who openly break the laws of the U.S. for their deeds by providing them with legal status.
The petitioner was not given a break from the seclusion or from the interrogations, neither was he treats the symptoms which showed very solemn trauma, in November 2002 but instead, he was to be put through another interrogation plan herein referred to as the “First Special Interrogation Plan” from about November 23, 2002, to January 11, 2003.