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The giving away of the reversal of the burden of proof in criminal matters, the courts have tended to act within reasonable limits. An instance when the court controls this reversal is when the offense is relatively a minor one or does not attract a large penalty as was held in the case of R v. Chargot (2009).
Legally, a trust is an obligation that is not only equitable but also that legally binds a trustee to oversee the certain property, which is called the trust property, on behalf of the real beneficiaries of such trust property. The trustee may or may not be one of the beneficiaries, depending on the contract agreed on.
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Criminal liability is the legal responsibility that an individual must bear for an omission or an act (Cassese 2013, 89). Morris (2001, 90) defined criminal liability as the liability for which the actus reus committed by the men's rea may require minimal proof. According to Epstein (1980, 56), the most significant elements considered in the offense are intention and recklessness.
In some cases, the seller has to bear a liability especially where goods sold are found to be defective. Similarly, a consumer is expected to bear liability especially when a product is destroyed after purchase so long as it was not originally defective.
The Anti-bribery provisions; these provisions apply to both issuers, “domestic concerns” and foreign businesses or nationals and their agents. The act describes the domestic concerns as citizens, nationals, residents of the United States, and/or any company which has its core place of business in the US or has its operations organized and constituted in the laws of any of its state.
While gathering evidence for a crime, police have three main aims - to help establish what offense was committed, to collect evidence, and to search for clues for identifying or confirming the identity of the offender. Evidence is gathered from the crime scene, victim’s clothing, forensic examination of the victim, medical examination of the suspect, etc.
Though there have been a rise in the efforts being undertaken to tackle organized crime, the war against organized crime has been slow. Elected and non-elected leaders charged with the security of the country have until
This essay analyzes that the Texans are protected from the significant risks to the environment and human health. They also try to reduce the environmental risks on the basis of available scientific information. The agency also enforces effectively and fairly the federal laws that aim at protecting the environment and human health.
Female Muslims are required by the law of their religion to cover themselves up from head to toe. Their dress code has become a multi-faceted and complex issue that people often raise in public debate in most European States. The most affected areas are the education and employment areas.
Land being one of the most valuable assets to man has led to disputes mainly based on present and future benefits due to ownership concerns. Land like other assets is under Law, Property Act 1925 section 53(1) (b). This law claims that any beneficial interest in land must involve title deeds or signed documents by all the parties involved in the property.
This resulted in the creation of the international criminal law under which every criminal act that destroyed human rights based on race, nationality, ethnicity and religion was punished. International criminal law is a division of public international law that governs the activities of states and how these activities affect the individual citizens of these countries.
The industrial disputes investigation act was adopted in Canada to prevent the occurrence of strikes and lockouts due to conflicts between laborers and employers. Canada experienced depression towards the end of the nineteenth century and several interventions were implemented in the early twentieth century, including the Industrial disputes investigation Act of 1907.
The event is one of the largest single sporting events or rather competitions in the globe. The contest usually entails senior national teams (men) in 208 countries who are members of the Member Association of FIFA. Since the 1930 inaugural tournament, the event is held every four years. However, in 1942 and 1946, the Second World War disrupted the tournament thus it was never held.
Under the law, the interests are considered legally binding on the new owner (once the purchase of a piece of land is made, or to a prospective owner who may have the legal right to acquire the land for several reasons including the owner’s defaulting of mortgages) even when they were not disclosed at the point of ‘change of hands’.
It is evident that there are increasing cases of murder based on different religions and structural beliefs which is a growing trend in the United States of America. Moreover, it is apparent that the criminal element is getting an earlier start as compared to what we used to see in the olden days (Scull et al., 2010).
The high population that attends the event makes it a possible target for criminals and particularly terrorists groups that target crowded places. Since the 9/11 attacks in the US, there has been an increase in terrorism awareness in the fear that such an incident would occur again.
The government should instead apply the innovative measure to reduce the cost of running public prisons. The judiciary system should be encouraged to offer shorter and less severe sentences to petty offenders. The state and judiciary should apply other correctional programs such as rehabilitation to reduce the pressure on incarceration facilities.
The results of such cruel acts have been injuries and loss of innocent lives. One of these isolated incidences is the Military Circle Mall on14th February 2014. Many questions have since emerged on the police preparedness to combating and reducing its frequencies.
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It is evidently clear from the discussion that despite the act being amended to ensure parity in the working environment, the society and the government have failed to ensure this provision is realized. The disparities are brought about by various factors a number being external. Each stakeholder has a role to play in the equal pay act.
Law is a type of command which is backed by punishment or threat (Murphy 255). The theory of natural law highlights that law should be enacted based on the crime. An unjust law is not a type of true law. Legal realism focuses that legal rules and regulations that must be imposed by law offices, courts, police stations, etc.
Certainty is considered another important factor associated with the rule of law that must be accomplished to limit the exercising of powers by public officials. In this regard, the principles underlying the rule of law, as proposed by Dicey, suggested that the law must be predictable as well as certain in nature.
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With the shifting geopolitical environment globally, one of the most predominant issues of concern is the growth of nuclear production (Sagan 225). The cause of worry stems from the possibility of nuclear weaponry usage to demonstrate political power or supremacy over other nations or regions. Particularly disconcerting is the capability of countries considered unfriendly or hostile, to acquire nuclear weapons.
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This section summarizes incidence and prevalence of youth victimization. It answers vital questions to help those concerned with developing programs and policies to guarantee the safety and well-being of the American youth. Research has shown that child abuse and victimization are connected to delinquent behaviors that become apparent later in life.
Peak (2009) states that a hate crime is a simple term in any criminal act that recognizes a bias as motivation for its commitment. Bias could be race, religion, ethnicity, sexual orientation, disability, or gender orientation. The crime usually results in a higher sentence than is typically given for a similar crime.
The problem is whether internet resources use shall be promoted more intensively in the form of legal file-sharing as compared to the current state of affairs and whether it makes sense to consider the idea of budget optimization by means of reduction of funds usually spent on big amounts of paperback sources, journals in particular.
The following discussion will highlight pros and cons of media bias with the respect to criminal justice. Media bias on criminal justice is a portrayal of how American social platform
Generally, it is true that when inmates have too much time on their hand's problems tend to fester. Prisoners often spend much of their time inactive throughout their sentences. They are subject to neglect thus remaining idle and are tempted to involve themselves in narcotics abuse and other social evils.
Post-Conviction relief is an appeal to a criminal sentence that challenges a conviction that has become final in the ordinary appellate process. A post-conviction habeas corpus relief is granted only in exceptional circumstances. This rule is based on the principle of respect for judgments made by the appellate courts.
The Landlord and Tenant Act of 1954 were created with the objective of protecting both the interest of the landlord and the tenant. The act contains provisions that depict the nature at which tenancy can be handled within a period of time in which a contract exists. The Act recognizes the landlord as the owner of the property and the tenant as the party to which the property’s authority may be transferred to.
Future projections indicate that after the next fifteen years, the world will achieve radical transformation than what is currently evidenced. The trends signify that during the year 2030, the current large nations whether the U.S or China as portrayed currently as the emerging superpower, will cease to possess hegemonic power.
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The deceased’s father had not been considered as a suspect and this explains why important evidence such as his bloodied shoes had not been collected at the onset. In fact, it was not until three years after Mya’s death that Lyons was arrested (Schmadeke, 2014). At first, the police had arrested a drug addict who was thought to have perpetrated the crime.
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There are no cases of mental illness either in the family or for the case of the accused Kris. He has successfully passed his high school education. During free time, Kris is sported by a popular local band. He is not involved in any sort of drug abuse and hopes to join a local college to advance his studies and start up a business.
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Over the last decade, technology has undergone some extraordinary rate of developments. The progress of computer technology has resulted in the increase of competition in the different levels of law enforcement agencies. Law enforcement agencies are expected to conduct investigations, utilize the finest technology available in the world.
A policy is a laid down rules and procedures that govern the relationship between individuals in an organization. The system enables the management of any group to be effective thus reducing unnecessary disputes in a society or a country. Therefore, the existence of the system ensures that there are efficiency and effectiveness of the operation of an organization or country.
In the past few decades, increased bomb attacks and threats have left Americans in a worrying state about their general security. The September 11, 2001 attacks on the Pentagon and the World Trade Center were a strong example of the dreadfulness of terrorism as the attacks offered evidence of the imperative need to protect our country against such dangers.
At the same time, the US Congress ratified new laws that sought to protect American lives, at home and abroad. The USA PATRIOT Act was sanctioned, allowing the US government law enforcement officers extra powers to alleviate against future threats while simultaneously ensuring that civil rights are not violated.
Covert medication is the practice of medicating patients without their knowledge. This is usually done by hiding the medicine in food or beverages, crushing tablets, or giving liquid medicine to patients who are not in a position to give consent. Covert medicines are usually prescribed to patients who are not willing to take medicine by themselves.
The study of criminal justice and international law among other fields has seemed to get attractive to most of the scholars joining colleges and universities, for the purposes of furthering their education. The different jurisdictions and other court rulings present in the current 21st Century have undergone a lot of dynamism through some changes that get brought into the field of criminal justice.
So it can be concluded that deportation is not the only situation to handle illegal immigration. One can thoroughly go through the records and make decisions accordingly. Not every illegal immigrant is considered liable of crimes. The situation and the background should also be examined and then the actions should be taken according to the productivity of an individual.
This is due to the reason that they end up directing their attention and resources towards improving their environmental security, which exhibits a lot of uncertainties. The high levels of insecurity have made the world’s nations recruit more security personnel; police and armed forces, to inhibit the high levels of security threats.
The legal regime that was charged with the regulation of industrial conflicts in the 20th century was not very effective. The system did not seem to care for the problems that were affecting all the workers and laborers. The system seemed to favor British merchants and workers, who were often brutal and unfair to their servants.
Various criminological theories have been advanced to explain the causes of criminal behavior, but modern criminologists combine aspects of psychology, sociology, biological theories and anthropology to advance their explanation on the causes of crime. The rational choice theory outlines that individual offenders make an autonomous rational choice to engage in crime after considering the cost and benefits associated with the crime.
The purpose of this paper is to discuss the assessment standards applied in Moore Haven correctional facility in its aim to instilling correctional behaviour among the adults. Prevention Assessment Tool (PAT) was established to assisting in preventing civil citation programs as well as developing monitoring plans. Additionally, the paper will evaluate the effectiveness of the Prevention Assessment Tool.
Every environment faces its own challenges. These challenges may affect the individuals within the institution or people from the outside. The challenges may also be caused by factors within a particular environment or from outside of the environment. As a result, there are laws and regulations governing society and different states.
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This comprehensive study examines why Australian women’s participation in the economy has been low compared to countries like Canada whose social and economic structure are replicated in Australia. This pinpoints the social and economic policies that are requisite to bolster the participation of Australian women in the workforce, those that have proven efficient in Canada where the difference in participation between men and women is immaterial.
The Rome Statue article provides the establishment of an International Criminal Court. The established International Court shall be an institution that is permanent and will have the authority to implement its jurisdiction over people who have committed serious crimes that are of international concern.
The TAT anticipates an all-inclusive valuation and organization strategy that contemplates the numerous characteristics of the possible threat to human life—educational, residential, and community. In addition to putting emphasis on threats and signage, the TAT valuation comprises a varied general study of varying and applicable behaviors.
Schools are known to be safe environments from ancient times; the security of the school might deteriorate in moments of an active shooter incident, leading to the tragic loss of lives. An active shooter is a word used by law enforcement to define a condition where shooting is ongoing.
The research focused on the frameworks of the implementation of the smart government initiatives with special attention on the most important aspects of the frameworks, their reviews, and evaluation techniques. It was concluded that technology plays an important role in supporting organizations to transform into smart organizations.
Employment of employees must always follow the required procedure by law for it to be considered valid. More specifically, the labor law requires private companies to follow its clauses in hiring foreign employees as well as UAE employees strictly. In the case of Walter and Sharon, specific procedures must be ensured before they start work at ADICC.