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Is this the case or are there other factors that contribute to changes in the punishment process? Over the years, punishment has transformed from being a torturous public spectacle to a private affair held in prisons and other recreational facilities (Pratt, 2002). It also has changed from being brutal to more human by inflicting little or no pain to the offender.
The Justice system in the United States witnessed the first-ever Juvenile court that was established in Chicago in 1889, over a century ago. This system brought significant changes, which resulted from the decisions made by the supreme courts, federal legislation, and changes in the legislation of the state.
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Hate crimes motivated by individual hatred toward another individual’s characteristics that make them unique and diverse are unjustified in a pluralistic society. Hate crime has several definitions but basically stands for any criminal offense which is motivated by prejudice, hostility, or bias and inflicts either emotional or physical pain on the victim.
Sentence bargaining-In this bargaining the exact terms of the sentence are told in advance to the defendant. For this, approval is required from the judge. High-profile criminal cases use sentence bargaining from time to time where the prosecutor guarantees a conviction that has accepted by the defendant.
The Home Secretary of the UK had been provided with the authority to direct the BBC and Independent Broadcasting Authority to abstain from individuals holding allegiance to banned terrorist organizations. It was contended by the claimants that these prohibitory orders of the Home Secretary were ultra vires.
Even though narrow interpretation comes with many advantages, it is not adaptive to the social, political, and economic changes that take place in society. Even though broad interpretation is a better option, it must adhere to the spirit and principles of the constitution to ensure justice for all people.
A trustee in bankruptcy is a person appointed for a bankrupt estate. A trustee is appointed in cases that involve individuals. A liquidator is appointed in companies where the company becomes insolvent. The two have the function of collecting debts and paying the creditors to the extent that the assets and the debts collected permit.
Michels seems to share the sentiments of both Pareto and Mosca. According to him, ideal democracy entails the self-government of the majority in conjunction with the decision-making of the popular institutions (Bottomore, 1993). Even then, the system never guarantees the provision of an oligarchy-free operation.
Safety Security and environmental law is a complex legislative and regulatory area whose context is based on British and European Union policies and applied in associated areas such as employment and industrial matters and policies. The law deals with the regulation of health, safety, security and environmental risks which may arise in the process of the business undertaking.
Generally speaking, all over the world, Police as an institution is highly regarded as an important pillar of society. They are the principal law enforcement agencies. They have mottos such as ‘to serve and protect’, “service to all” and other statements that point to servanthood in service delivery.
Most people became victims of fraud in domain names, and many were made to believe that they were buying a .com.au domain name when in actual sense they were buying a .net.au domain name. The fraudulent sales of domain names came with so many offers, and most of them offered to give away free prizes on registration.
Local communities and policymakers in the UK have brainstormed on interventions that will reduce or eliminate the prominent anti-social behavior among youths (Innes & Fielding, 2002). This behavior is being practiced by a lot of youths and young children at the same time in different parts of the UK and it is twirling out of control hence causing considerable harm to communities and also individuals at the receiving end of the behaviour.
In 2001, the Corporations Act was amended by the FSRA to include the revised regulatory arrangements for the financial services sector. The FSRA combined into one piece of legislation regulations for consumer protection and market integrity in the financial service sector. FSRA brought in a new regime that is contained in Chapter 7 of the Corporations Act.
In Australia, trademarks are protected by section 120(3) of the Trade Marks Act 1995 (Cth) (the "Act"). Section 120 of the Act provides that: a person will infringe on a trademark if he uses a sign that is identical with already registered mark, or goods that are closely related to registered services." or services that are closely related to registered goods.
Community policing can be defined as the philosophy whose purpose is to forge a greater partnership between the police and the community (Leord, 2005). The main objective of community policing is to proactively reduce crime risks through educational programs, communication and through contact between the two main stakeholders (the community and the police).
Bills of exchange are financial documents that are broadly used in many nations across the world. The bills are highly applied in international trade. Bank drafts and cheques are the most common forms of bills of exchange. Cheques are legal documents in which an individual admits that he or she owes some amount of cash to the payee.
The paper "The Law and Religion" is an outstanding example of a law essay. The relationship between the law and religion is very complex. This is because religious aspects are such that focus on various societal values that govern the rules and regulations that have been put in place. Various religions have their own laws that govern how the followers are supposed to devote themselves to these laws.
Making a career choice or a wish to make a geographical move may break up a marriage. If personal fulfillment outweighs the trust that the partner has invested in the relationship, the jilted spouse will be left. They have come into the institution of marriage with uncertainty and leave it with the certainty of mistrust.
In general terms, with regard to the use of land, a licence is defined as permission to enter another party’s land without the act constituting trespass. The range of activity covered by the term “licence” is wide and multifarious. In the case of Hurst v Picture Theatre, it was held that permission to watch a film in a cinema constituted a licence.
The application of victim’s rights laws applies not just to the judicial system and its proceedings but also to law enforcement. Law enforcement officers are now required to provide victims with times, places, and dates of upcoming trials pertaining to the crime in which they were the victim as well as providing a safe waiting area for the victim at the time of trial.
Koch refutes this concept by stating that if a woman was raped, and the criminal justice system decided to lower the penalties for rape, the government is telling the victims that their horrible experiences and suffering are meaningless. By appealing to the victim, Koch can create feelings of empathy and sympathy in the reader.
To most people, this is the end of their bachelorhood days and the new beginning of a future that is to be spent with their spouse as they start a family. Over the years of being married, the love and commitment between couples is expected to bring two people closer together as they face life’s success and difficulties as one. After providing the definition of matrimonial contract in the United States, arguments whether the US government should support making divorce legal will be thoroughly discussed.
Betts carjacked a man, which led to nine years in prison. His argument that prison is not the place for rehabilitation appears to go against the assumptions of the judge who sentence Terrence Graham to life in prison. He states “I think the judge also recognized that prison was not the place where I will be rehabilitated” (Martin).
The following paper will address the accuracy of the above statement. There was a massive change in the course of law in the UK regarding the trade union’s capacity for taking industrial action in the period 1979-97. It was considered the prime time for labor unions as they gained strength and high memberships.
The second problem is the measuring of damages. The two measures that would possibly restore the claimant to his original position are an order of the payment of the difference in value that he has been paid and the value that he was actually supposed to receive and the cost of putting him in the position of the contract having been performed.
When the legal and equitable owners are the same and when they are not, an express declaration in respect of the equitable ownership and trust of land is required. Thus, as Harry was the legal owner and Patsy had possibly acquired an interest under the express trust. The requirement of s.52(1) of the Law of Property 1925 is satisfied.
Generally speaking, national pride is protected by certain legal stipulations enshrined in the constitution of nearly all countries, particularly emphasized in a clear sovereignty section of the constitution. Under no circumstances will bending rules on this topic be welcome without comprehensive consensus.
Animals have been used for many experiments that involved drugs due to their big similarities to humans. Animals should be left to enjoy their lives to the dullness without being killed for food or other issues. Humans are busy sentencing each other for the murder of humans, but they fail to see that the killing of animals is a wrong move.
The final principle of duty of care that allows courts to limit liability in negligence is the requirement that liability imposition must be fair, just, and reasonable. In other words, courts are required to impose liabilities without causing injustice to the defendant. The critical factor to deal with in this principle is the measure of fairness, justice, and reasonability.
This firm decision emanated from Justice Hugo black. It faced a lot of controversies because it was the first time that the court had made a ruling based on racial discrimination, and regarding a firm scrutiny standard. The case had it that the court applies this rule as a way of backing the involvement of Japanese Internment camps about individual rights.
Teens are to be trained more when it comes to taking their responsibility. It will be hard to maintain this level of responsibility when they are still vulnerable to influence by their friends. In the same way, it will be hard for them to be given the appropriate responsibility on the road while driving a car, especially in the presence of friends.
The United States of America has a more rigid prison system that holds the largest number of incarcerated people on the globe (Liptak). America definitely has the highest rate of imprisonment considering that it has about five percent of the world’s total population but holds a quarter of the world’s convicts.
Although the Supreme Court ruled in support of the stand your ground, few residents do not feel it appropriate and a good idea. There had to be some reasons for this. It is just a portion of residents who feel that “Stand Your Ground Law” is bad. Some people are also taking sides in supporting the law for sake of their safety.
The author states that the most common forms of evidence that is sought during the process include the destruction of the document, changing the document content, confirmation of authenticity, and chain of possession among other aspects. Traditionally, the widely used method has been a comparison of the document with a standard.
The police department should at all-time in line of duty uphold the need to act professionally and hence view their roles as solely serving the public. Maintenance of the highest standards of integrity by police officers will culminate into a culture in which police and the public harmoniously understand each other and this reduces and/or weeds out the incidences of violence.
The imprisonment of the people who commit crimes is a policy that applies to almost all nations of the world. People should be made to take responsibility for the offense they commit. However, the court should consider things such as age, the state of mind, and the reason why the crime was done.
A dispute may arise over as prescription of contraceptive medication under Obamacare healthcare packages. Saint Leo University simulates its essence estimates Christianity. As a result, making serving the community can become contradictory or conflicting for employers, employees, or organizations covered by the Affordable Care Act.
Therefore, in instances where an individual to whom the worker renders services maintains the right to exercise control, everywhere such control is not exercised then the relation between the two is that of an employer and an employee. Other factors are considered in order to distinguish between an independent contractor and an employee.
A jury is a group of people who have sworn to be impartial in giving a verdict. The jury usually deals with the trials that are officially assigned to them by the court. In fact, the jury is a sort of institution consisted of people who do not have legal training to hear evidence and make sense of conflicting facts.
As the world is moving towards globalization, the importance of International Finance is increasing as time passed on. Finance managers tend to seek the cheapest sources of finance around the world and this will certainly involve the element of risk as well. The emphasis of international finance is to use different hedging tools and techniques to tackle the risk.
The Mabo case is part of the very long and the very contentious issue of native title in Australia. In the broad subject area of Australian indigenous law, issues relating to native titles have become increasingly prominent. Australia as a nation has attracted a lot more attention where the claims of the indigenous population over the domestic resources (esp. land) are concerned.
Louise Casey, the former head of the Respect Unit was tasked to conduct research within the public striking a way of engaging communities in fighting crime by Gordon Brown last year, 2008. The eight-month exercise was part of the Prime Minister’s renewed promise of reforms within the criminal justice system and after her submission of the report in June 2008 set the stage for these reforms.
Generally, it is essential to state that age-related crime studies show people at younger ages tend to commit more crimes and more serious crimes than at older ages when crime switching takes place due to progressive incapacitation. As they grow older, they also tend to specialize in particular crimes.
Feminism is the political, economical or cultural movement intended to set up more legal protection and rights for women in society. It is concerned with sociological and political philosophies and theories related to the movement that supports more gender-specific rights for women, issues of gender difference together and the promotion of women's rights and interests in society.
Emotional intelligence has been found to be very important in the workplace. As Goleman noted, emotional intelligence helps people harmonize. When there is harmony in the workplace, a safe working environment is created. Harmony is only built when one can understand his or her emotions and other people’s emotions as well.
In a partnership, it is easier to introduce a new person, because this person gets into the same level as the other partners, who have the right to bind or permit activities in the partnership (Klein, 2005). However, in a trust, it is different because the beneficiary or beneficiaries of the trust cannot act as agents to the trust.
In this stage of the overwhelming profusion of criminal acts, it may appear surprising to discover that not entirely all crimes and criminals across the country are treated in the same manner. In fact, different survey shows that there is a likelihood for certain crimes and criminals to be overlooked, usually, these being crimes of the powerful.
Special general vehicles (SPVs) which are also known as special general entities (SPE s) are legal entities that are created for a specific purpose. During trading, there arises the need for investors to get assured security for their investments. This saw the need to establish entities that were formed under a legal umbrella that could securitize assets against which securities could be issued.
The contract is said to be an “exchange relationship created by oral or written agreement between two or more persons, containing at least one promise, and recognized in law as enforceable” (Blum, 2007, p.2). The premise that a contractual relationship is tied is to be bound and reach an agreement on the essential terms of a relationship.
The MacArthur Study shows that more than 80% of victims of violent acts committed by mentally ill patients are likely to be family members and friends. The study argues that mentally ill patients discharged from different health facilities are more likely to commit violent actions against their friends and family members than strangers.