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violation of law calls for a precise understanding of crime and criminal in order to root it from the base.... Irish law clearly defines exceptional situations and cases that include; mistakes, provocation, accidents, mental illness, insanity, immaturity, or duress.... Other than these elisions, in this way law rejects genetic and environmental influences by holding an individual entirely responsible for the crimes he commits (p.... He was a man of law who believed in philosophical and procedure based punishment that can provide moral support for criminal justice....
(a) The behaviour of Avarice Ltd (the "corporation") as owner of the Happiest Kangaroo Hotel violated the Trade practices Act 1974 (Cth) specifically for false or misleading representations and deceptive conduct under Sections 52 and 53 of the Trade Practices Act 1974 (TPA) and Section 58 of the Fair Trading Act 1952 (FTA)....
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This allows any person who was exercising their constitutional right of free speech to be arrested and detained indefinitely without benefit of legal counsel, a violation of the Fifth Amendment.... This treatment is a clear violation of the Fifth Amendment right to due process of law.... This includes the freedom of speech and assembly (First Amendment); the freedom from unreasonable search and seizure (Fourth Amendment); the right to due process of law (Fifth Amendment); the right to a speedy, public and fair trial along with the right to counsel and to confront the accuser, (Sixth Amendment), the freedom from cruel and unusual punishment (Eighth Amendment) and freedom from punishment without conviction (13th Amendment)....
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In addition, if a bank is privy to such public interest information on a client and fails to disclose it and as a result damage occurs, such a bank is held liable for the actions, with the actions considered as a criminal action by the managements.... Nevertheless, in order to regulate the disclosure of such information for malicious gains, the regulations state that such information is only disclosed for security and public interest and as such is only released to the security and other responsible government agencies....
However, within the statutes of the legislated laws, the exemptions provided for could only resonate with the legal basis, while ignoring the socio-cultural basis of such acts, which are wholesomely issues of public interest
... While the judges are fully bound by the laws of the land in exercising their legal mandate, the jurors are given an upper hand by directly representing the public interest, opinions, feelings and reasoning.... On the event that such a crime appears to have been committed in respected to protecting public interest, then, the jurors can apply Jury Nullification to acquit the offenders, which is highly unlikely in a court of law (Shari, 18)....
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On the other hand, homelessness arguably constitutes a violation of important human rights of the parties including; the right to life; right to security; the right to freedom from cruel, callous or shameful treatment; the right to freedom from prejudice, the right to individual privacy, the right to free expression and association; the right to cast a vote, the right to health care, social security, and adequate housing.... The country's legal and moral duty to safeguard human rights are therefore based on various international treaties, customary international law and the domestic culture of equality before the law as a way to preserve human life and interests....
However, in the context of public interest and for the expediency of police investigations, the use of covert human resources by law enforcement agencies is justifiable.... However, when a suspect is not actually involved in any complicity, the security forces come under criticism for violation of privacy.... In the modern world, criminal activities, especially terrorism, have risen to such a high magnitude that countries are forced to implement stringent preventive policies for maintaining law and order....
The researcher of this profound dissertation mostly focuses on the discussion of the topic of synergy between law and business ethics and analyzing the issue of historical perspective.... Thus, a need exists for a synergy between law and business ethic to deliver ethical business in a society, and this dissertation examines this synergy of law and business ethics.... Thus, a need exists for a synergy between law and business ethic to deliver ethical business in a society, and this dissertation examines this synergy of law and business ethics....
There is a critical need for alternatives regarding mental illness and the need to shift the responsibility of untreated mental illness out of the criminal justice system, states Faust (p.... United States jails and prisons have started to become psychiatric hospitals.... According to the U....
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In terms of age discrimination, the suggested reforms will extend the prohibition against age discrimination to the issuance of goods, facilities, services, and the exercise of public functions for citizens aged 18 or over (Kenyon, 2009).... First and foremost, they point out that the proposed reform focuses on the equality of public services and employment without taking into account the interplay between race and law enforcement (Commission for Racial Equality, 2007)....
On the other hand, international humanitarian laws hold that nation states must govern within the limits of respect for the human rights of their populace and upon the blatant violation of those rights, is rendered vulnerable to international humanitarian intervention.... I said this was not just to correct injustice, but also because in an increasingly interdependent world, our self-interest was allied to the interests of others So, for me, before September 11th was already reaching for a different philosophy in international relations from a traditional one that had held sway since the treaty of Westphalia in 1648; namely that a country's internal affairs are for it and you don't interfere unless it threatens you,...
This paper "The Sociology of Deviance" focuses on the fact that one of the attributes of criminology is the exploration for the explanations of crime and deviancy.... The dilemma arises in relation to the core notion of a cause because the term 'cause' was used to a broad array of various concepts....
The paper "Deviant Act or Normative Behavior" tells that deviance involves a sociology context that identifies the behaviors or actions that are a violation of social norms.... Deviant Act Introduction Deviant involves a sociology context that identifies the behaviors or actions that are a violation of social norms.... bserving deviance as a social norm violation, different sociologists have defined deviance as a type of feeling, thought, or the actions that a sociological group member judge as a violation of the rules....
This paper talks that Senior officers in the law enforcement sector are well aware of police misconduct but unfortunately they punish them secretly leaving the society unsatisfied and in dire need of justice and integrity in the entire law enforcement sector.... According to the report the community believes that the police as law enforcers lack integrity, are corrupt, and practice a strange unethical behavior....
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They are obligated to make disclosures stipulated by the law and in line with professional obligations.... Conflict of interest is a vice that needs to be avoided in auditing since it may lead to biased results.... Self-interest may also cause unethical practices in auditing, for example when an auditor or his/her relative is involved in the business.... Undue pressure on the auditors may also influence the audit results as much as self-interest would do....
The typical interactionist point of view suggests that sociologists ought to consider the images and points of interest of regular life, what they mean, and how individuals relate with one another.... It contends that such a perspective gives a hypothesis of the importance of life-course activities and a situational hypothesis of the instrument by which such moves interpret into criminal acts sustained in our public.... hilst there are numerous varieties on the radical subject in criminology, the term radical criminology has turned into a cynosure for viewpoints that make crucial the comprehension that certain demonstrations are law violations because certain individuals have the ability to make them so....
he relevance of these decisions to the duty of confidentiality among medical professionals lies in the fact that what constituted public interest in this context was clarified.... A careful analysis of the relevant case law indicates that public interest has been accorded primary importance; and the private interest of the patient has been considered, albeit with far less significance.... As per the foregoing discussion, a fine balance has to be maintained between public interest and the patient's privacy rights....
For clarity purposes, the Japanese Constitution Stresses property rights in the following words, “Personal property is greatly safeguarded and unless specified by law may not be sequestrated or expropriated except for circumstances of public good under which the owner must fairly be compensated as per the law”.... violation of any of these terms by any of the trading partners means that a contract law has been broken and this necessitates a further step from the affected partner....
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Death penalty circulates a moral statement to the public that there is a common behaviour that is more unacceptable to the community that one who indulges in killing, murdering or raping a child will be forfeited his right to live (Siegel, 2009, p.... Critical criminology is concerned about few concepts like use and misuse of power, ability of individual or groups to determine and control others' behavior, and power to influence public opinion to meet their specific interests....
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The supremacy of judges to formulate fresh law and criminalise behaviour with hindsight is discouraged, as well.... Through applying a Marxist scrutiny of class, new criminologists provide a majestic theory, a theory, which is globally used as a study of crime, law and the state (Jewkes & Letherby 2002, p.... Privacy violations, which result from being persuaded to get unwanted information in public places, would lead to an adequate bad implication for the aims of provoking the criminal law, but proportionate punishment implies that such conduct must only be penalised with fines instead of jail terms.
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As such, the deterrence theory focuses offender punishment being rooted in the public interest need to reduce crime outside of any considerations of retribution and moral culpability.... urthermore, whilst the theoretical objectives of deterrence in serving the public interest is clearly meritorious, the dogmatic nature of this model's operation in practice ignore the wider socio-economic factors involved in shaping criminal behaviour (Sanders and Young.... On the one hand, whilst the severe punishment infrastructure of politically shaped deterrence models clearly represent the public interest in tackling crime, the evidence that such models are effective as deterrent measures remain inconclusive....
In this case, the separation of powers is a good idea since it ensures prudent management of public finances and accountability in budgetary allocation and spending (Brannen and Baker 95).... Likewise, the checks promote prudent utilization of public finances since the congress will pass bills on taxes and federal budget thus ensuring the federal agencies utilize such finances appropriately in service delivery and national development.... The legislature can make constitutional amendments and can impeach the president in case of misconduct or a violation of the constitution....
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“Evaluating the Use of public Surveillance Cameras for Crime Control and Prevention—A Summary.... eferring specifically to the English law of privacy, Lord Walker (2010) notes that ‘the tort of invasion of privacy in UK is rather recent' (Walker 1); in fact, the initial reference to the violation of privacy, as a tort, in the English courts can be identified in the case ‘Douglas v Hello in 2000' (Walker 2).... No complaint for violation of privacy was reported while a significant decrease of crime in the relevant areas was reported (Urban Institute 2)....
In the specific case, Deloitte had failed in identifying early the violation of business ethics by its vice president; moreover, it seems that this failure has been a common phenomenon for the specific organization, meaning especially the problems in the firm's audits in 2009 and 2010, as identified by the Public Company Accounting Oversight Board (PCAOB) (Lynch and Byrnes 2011).... It is implied that the activities of employees within organizations need to be lawful and that no violation of law in the context of business activity is permitted....
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This paper discusses broadly criminal law and constitutional rights.... This paper discusses broadly about criminal law and the constitution rights.... Many states, when they codified their self-defense acts, disregarded common law and in essence formed this duty even when presented with a person committing a crime.... The paper "Constitution and criminal law" states that defendants as well have the right to seek habeas corpus assistance in federal court when the person claims that their imprisonment was brought about as a result of breaches of the federal constitution....
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Honor killings (the murder of women for suspected sexual offenses), usually by their own relatives or by the religious police are frequent forms of public punishment for Iranian women.... The establishment considers election results as an expression of public opinion.... Vigilante groups under its aegis terrorize the populace with patrols and random checks to ensure that there is no violation of the Sharia and are empowered to hand out arbitrary punishment to deemed offenders....
Each title has tremendous effect on the business and legal environment, with titles ranging from auditing, inspection of registered public accounting firms, accounting standards, establishment of an accounting oversight board, auditor partner rotation, corporate responsibility for financial reports, and probation to personal loans to executives, among others.... The law has eleven sections, each with a varying amount of subsections.... The authors of the law are Paul Sarbanes and Michael Oxley....
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Whatever the Constitution states is the supreme law, and violation of these laws is a matter of state crime.... Since the Constitution ratifies the display of public religious iconography, the recent decisions by local courts to classify religious iconographic displays as constitutional violation is not based on fair grounds.... For many opponents of public display of religious iconography, seeing a symbol might be a cause of offence and they may accuse the district authorities of indulging in unconstitutional activities; however, it should be noted different people may have different views on the matter and therefore, the fact that one does not favor such displays, does not make the district governors and officials guilty of breaking the law....
With monetary implications against those who seek to go outside of the law, may provide the motivation to in fact, stay inside the law and abide by what was has been written about the subject of gun sales.... st Option: Having state agencies in place that seek to maintain a presence within the public for the sole purpose of education.... educe gun violence through advocacy and education designed to encourage action, influence public opinion and lead to policy change,” (about NYAGV- Mission, para....
orensic evidence is as good as any other evidence adduced in a court of law.... The "Homicide, Forensic Science and criminal Justice System" paper analyses what drives a person to commit a homicide, the prevalence of homicide crimes perpetrated by both genders, the interrelation of government agencies in investigations, and the roles of the police in arresting a perpetrator.... According to Lacey (2006), crime is closely interlinked with social sciences and psychological factors to effectively know what motivates a criminal offender....
criminal activities which include human trafficking, drug trafficking, smuggling corruption among others usually create a lot of money in terms of profit for groups or individual carrying out these acts of crime (Graham, 2007, p.... These includes the: one, the transfer or conversion of property bearing in mind that such property or asset a criminal proceeds, two, the concealment or disguise of the source, nature, disposition, location, rights ownership or the movement with regards to the property bearing in mind that such property is a criminal proceeds and three, the property possession, the acquisition or use having in mind that the reception time that the property is of criminal proceeds (Graham, 2007, p....
These sanctions are imposed in cases involving disputes in tort, contracts, family law, property law, employment law and public law.... However, the essential difference is that in civil law the main focus is in putting right those things which have gone wrong while in criminal law the main focus is on what should be done with the wrongdoer.... tated otherwise, civil law is concerned with rectifying the wrong while criminal law is concerned with reforming or disciplining the wrongdoer....
From this basis, Charles can claim that as a journalist, his work serves the public and therefore he needs to cover events that are of public interest.... From this basis, Charles can claim that as a journalist, his work serves the public and therefore he needs to cover events that are of public interest.... He can therefore claim that the highly restricted Bertram's compound is of public interest and therefore he should have some legal protections against any legal suit that may arise from covering such events....
here is marked difference between criminal law and civil law including law of torts.... Security necessarily implies policing of public which includes citizens and aliens with the aid of the armed forces, state police armed with various civil and criminal laws.... However, when the threat or action breaching the security is brought into action, criminal law of the country comes into play represented by the prosecutor or some other agent for the state, takes action against an individual (or legal equivalent including a government department), which comes into the domain of public law.
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criminal law and the rights of the child in Muslim states: A comparative and analytical perspective.... Those left are categorized into: crimes endangering national and public security like espionage, poisoning and aircraft hijacks that lead to individuals death after the attack, encroaching on property, violation of duties of military servicemen like treason, disrupting social administration order like jail break, and infringing upon individuals rights like rape and murder (Hong, 2008)....
They are created with the aim of promoting peace by way of solving international matters, which mainly result from conflict of interest.... This aims at minimizing the probability of conflict of interest among the member states.... Its main aim is to serve political leaders and the public at large to develop a better understanding the role transport takes in social and economic aspects.... Since the end of World War 2, the 1990s witnessed the greatest advancement of international humanitarian law....
enerally, crime is understood to be a certain behaviour that is prohibited by criminal law.... In imple words, no act can be considered a crime, irrespective of how immoral or damaging it may be, unless it has been made criminal by state legislation.... Apparently, victims play a major role in initiating the criminal justice process.... Without them, much of the work of the criminal justice process would come to a halt.... n Britain, the role of victims within the criminal justice process is mainly confined to reporting the crime and/or providing evidence....
American criminal law Review,
... Besides the open source, schemes have also been developed for public domain materials, in which the legal custodian of the copyright issues out his copyright over the material and grants free re-use redistribution and adaptation.... Whereas open source licensing makes use of present copyright rules to necessitate the widespread distribution, utilization and establishment of source code, public domain programs and information gets rid of the operation of the copyright rules altogether (UNECE, 2007, pp....
They see it as violation of their civil liberties and interference in personal privacy of an individual ( Andromachi Tseloni; Ken Pease, 2011).... In 2010, the Government was again compelled to modify the law and shift to the ‘Scottish model' which defines the right to destroy DNA of anyone arrested but not charged or charged but later found not guilty for most offenses.... DNA retention after arrest: Balancing privacy interests and public protection....
This meant that there was secularization of the doctrines that are incorporated in the natural law and natural rights.... Human law and Human Justice.... For instance, in Canada much public disclosure revolves around human rights.... Its main agenda was to create public awareness on issues about women violence, sexual harassment, and rape.... Of importance to note is the degree of violation that is reported in most parts of the developing world....
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Where the term classified information means the information, which at the time of violation of the US laws is, for thenational security, specifically designated by a United States Government Agency for limited rights of distribution.... The paper "The Disclosure of Sensitive and Classified Information by Persons " highlights that the unauthorized disclosure of classified information has always remained a very frequent and top-cased subject of research in the government and the legal communities....
onfessions and real evidence obtained by duress or violence, are unfair to the public interest as well as the interest of the accused.... he English approach has come under a lot of criticism within the past few years, this is because it is believed that the discretion afforded to judges might cause an infringement of the fundamental rights the offender because for the sake of public policy the judge might feel more inclined to let the evidence be heard.... This has less to do with statute and more with the case law and the attitude of the English judge who would rather have the public hear the whole truth rather than a potentially misleading half truth....
And Indian case, nearly relevant to yours, the appellant was given a licence under places of public Resort Act 1888 for conducting skill games and dance.... Although the action of the board was not in violation of the statutory provision, the court held that no man can be deprived of his property without having an opportunity of being heard".... odney, you should argue that the deciding authority was vitiated because Charles had /has an interest in the case.
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Whether the violation of contract might also be breach of section 52 is a significant issue.... 2) This contract comes under violation of principle of performance and breach.... Breach of this contract is recognized by the law and legal remedies can be provided.... It should not involve in any act that affects the basic interests of any citizen as per the Australian contract law and hence there is a strong chance that the total contract may be declared as void by the apex court.
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For instance, a study carried out in the year 2003 indicated that most people believed that immigration was becoming an issue of national interest.
... There have been significant levels of immigrants trooping into the country and the sensational reporting of the media on the subject has surely created more attention concerning this issue on the public domain (Cooper 2009).
... This has been further spurned into public attention in a manner that it has continued to create tensions through the negative reporting of the media especially with increased requests for asylum in the early 90's (Cooper 2009)....
Criminal justice policies have been relatively unconstrained by issues of affordability and the long term impact notwithstanding that prison is the most costly prison sentence paid for nationally but with little local interest in reducing the numbers incarcerated.... The policies developed by justice reinvestment helps the relevant authorities to be better equipped to make decisions that are cost effective as well as enhance public safety (Justice Center 2011).
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The introduction of codes of ethical standards and procedures helped people to understand their responsibilities and the results of the potential violation of ethical rules by their side.... In many cases, people could not understand the context of their responsibilities – within their new role in the society; the introduction of codes of ethical standards and procedures helped people to understand their responsibilities and the results of the potential violation of ethical rules by their side....
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Mentioned operators are the part and parcel of the State Department of public Safety.... This of course tarnishes the image of the police force in the eyes of public.... As per the modern theory, the police department is some kind of Para military force who has to deliver the goods in accordance with the desire of top level management and in the interest of public at large.... Otherwise, police hold responsible for violation of law or taking action beyond the permissible limit of law....
interest-sharing: Pinterest and digital libraries.... At first, it was the development of the concept ‘friend', which invoked such a high response of intellectual interest and concerns.... Twitter has become a useful source of communication between public figures and an ordinary man, actors, players, etc.... asses/public and Social Networking Services
... t has been questioned many times that if these sites have enough impact to manipulate masses or public (Ess 1996 and 2005b; Dahlberg 2001; Bohman 2008)....
Code of conduct As stated under the section 181 of Corporation Act 2001(Cth), duty with regards to good faith bestowed upon directors in compliance with the interest of the management is to avoid conflicts which might arise from personal benefits (Milne, 2006).... Duty to disclose a material personal interest 4.... Case Examples According to the case of Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd and Betta Products (Australia) Pty Ltd v Crampton, it can be apparently depicted that the importance of the director's duties with regards to the disclosure of a material of personal interest is of crucial significance to the company's sustainability....