The basic procedural and substantive laws are designed to ensure that there is a balance between punishing the accused persons and giving them a right to be heard. The numerous rules are formulated in such a way that they allow deterrence and the rules of natural justice to underscore the...
From the cases presented in the four articles, it can be concluded that the victims fit the ideal victim. To begin with, an ideal victim can be defined as a person who does not participate in making himself or herself susceptible to the crime that is committed against him or...
The Police and Criminal Evidence Act was created in 1984, owing to the recommendations of the Royal Commission on Criminal Procedure that was chaired by Sir Cyril Philips in 1981. During the 1970s, claims of police misconduct when handling suspects emerged from the public and the judiciary. Two major cases,...
The murder of Stephen Lawrence in 1993 by a group of white youths heralded a period of inquiries and calls for police reforms. The MacPherson report on the killing provided the findings of the inquiry and presented several recommendations. According to the report, investigations into the murder were characterized by...
In 1931, nine young African-American men (collectively known as the Scottsboro Boys) were accused of raping Ruby Bates and Victoria Price, two white women in a freight car of a train passing through the state of Alabama. It appeared that the Scottsboro boys were traveling in the freight train with...
Jacob Abrams was arrested in New York City on 23 August 1918. He and several friends had written, printed, and distributed copies of a leaflet that severely criticized President Woodrow Wilson and the U.S. government. The leaflet disagreed with President Wilson’s decision to send U.S. military forces to Russia during...
On 27 August 1998, the Detroit police arrived at Booker T. Hudson’s house to execute a warrant authorizing a search of Hudson’s home for drugs and firearms. However, although the police shouted “police, search warrant,” they waited only “three to five seconds” before barging inside Hudson’s home through the unlocked...
As one of the most celebrated court cases, this started when Ernesto Arturo Miranda was arrested for the kidnapping and rape of an 18-year-old woman. He later confessed to the robbery and attempted rape under interrogation by police. At trial, prosecutors offered not only his confession as evidence (over objection)...
The American With Disabilities Act requires any employer with fifteen or more employees to provide a reasonable accommodation unless it would cause undue hardship to individuals with disabilities. The various kind of reasonable accommodation includes: restructuring a job to suit such persons, altering how a task is done, changing the...
A pre-dispute arbitration agreement is a tool that is used in enforcing the determination of an anticipated dispute. It is normally included in a contract in the form of a clause called arbitration clause, which in some countries is a legally binding agreement that should any dispute develop, which relates...
The crime of robbery is one of the complex structures. It consists of two separate crimes, namely theft and coercion. Robbery is forcefully taking what does not belong to you. Criminal law theory treats robbery as an aggravated type of theft. Criminologists who study the thieves’ trends have identified four...
In criminal law, the interrogation and interviews of the word are commonly interchangeably used because of their common objectivity during the criminal investigation. They also travel the same route, i.e., they use the same approach to obtain the truth. In addition, interrogation and interviews are generally conducted and apprehended by...
It is noted that the “question of the applicability or otherwise of the prohibition of Riba to non-Muslims” was not handled properly. In fact, it has been proposed that the Shariat Appellate Bench ought to have restored the case back to the Federal court to determine the issue. There was...
Muller v. Oregon case was a highlight in the history of the U.S. Supreme Court because it justified both gender discrimination and the use of labor laws regarding the time spent on work. Despite the fact that the court encouraged the value of the health and welfare of women, it...
Incarceration Despite the reforms in criminal sentencing, the US is still leading in the world imprisonment with a total of 2.1 million offenders under the national prisons. It is estimated that there has been a 500% increase in the number of people locked in prison over the last 30 years....
There is no longer any doubt that the crime rate in the United States of America has reached an all-time high. This claim is supported by the following statistics. In a study of US prisons in the 21st century, it was discovered that “In 2003, 22 states and the federal...
Women are asked during the employment interview certain questions even before being hired. Certain questions are to be better avoided by the employers, such as the ones mentioned in the question, although they can ask the questions in an indirect manner without being blunt. EEOC’s guidelines on “job-interview-questions” permit an...
The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping requirements, and child labor standards affecting full-time and part-time workers in both the private sector (unless exempted, e.g., certain religious workers) and public employment. There are a number of employer requirements. Two are described below. Overtime pay: FLSA...
There are several cases that expand on the subject matter of the Miranda v. Arizona case. One such case is the Vignera v. New York, which revolved around a robbery at a dress shop. In this particular case, “Michael Vignera confessed to a robbery, but he was never told of...
There had been subsequent hurdles that Near v. Minnesota have to go through with Near representing the media, and consequently, freedom of the press. Jay M. Near has been described as anti-Catholic, anti-Semitic, anti-black, and anti-labor who began publishing The Saturday Press in Minneapolis. Using the Minnesota Nuisance Law passed...
The case of Washington and North Carolina concerning apples reflects the issue of commerce. It was stated that the United States Department of Agriculture (USDA) standards should be followed by all the states. However, Washington Company created more innovative quality standards. As a result, North Carolina applied to the court....
Feminist theory The feminist theory of criminology emphasizes gender as the main area of concern and mainly tries to comprehend social institutions, processes, and relationships. The core argument of feminism is that women are oppressed and discriminated against in a society that is governed by men who make the laws...
After the Windsor Supreme Court case, same-sex couples were regarded as married couples for purposes of filing federal tax returns. Consequently, this court ruling has an implication on the tax filings for 2012 and subsequent years. Married, single, and same-sex persons are treated differently under the tax law in many....
The process of globalization has affected the functioning of the U.S. criminal justice system. It should be mentioned that many people, who are suspected of committing crimes against American society, can live in other countries. Therefore, they can be outside the jurisdiction of the United States government. In turn, American...
Severability is a term used in arbitration, meaning the various methods applied in case the arbitration process fails to resolve a dispute. This method works hand in hand with arbitration, or occasionally they may be used independently. Before one decides to engage in arbitration, it is always wise to explore...
The seat of arbitration refers to the place, country, or state where the arbitration was initially held. This is a crucial factor in any arbitration clause because it forms the basis of the regulatory framework for the process. By establishing a good seat of arbitration, the parties concerned will have...
Arbitration is a private adjudication system, and the parties are entitled to solve the disputes out of any judicial court. The enforcement of the award will involve a binding and final decision which leads to the award in any national court. In Australia, the parties pick the arbitrators and decide...
In the United States of America, the three main ways of measuring data are the “Uniform Crime Reports (UCR), the National Incident-Based Reporting System (NIBRS) and the National Crime Victimization Survey.” The Uniform Crime Reports (UCR) This was the first to be formulated and formalized by the International Association of...
The relevant law that regulates research involving human participants who may not have the capacity and embryos is contained in the Belmont report. This statute talks about the principles of respect for persons, beneficence, and Justice. Principle of beneficence Bio-medicine can be defined as the field concerned with the treatment...
It is important for a criminal investigator to keep legible and accurate all the field notes. The major purpose of field notes is to record the facts of a case being investigated. Notes must be legible; the investigator should take time to write the numbers and letters indistinctly. This is...
The theory of white-collar crime is aimed at discussing the underlying causes of various offenses committed by the representatives of governmental organizations as well as businesses. In particular, researchers may examine social, economic, institutional, and individual factors that can contribute to this problem. Moreover, scholars attempt to single out strategies...
How the Patriot Act continues to play a significant role in limiting individual rights and liberties guaranteed under the Fourth and Fifth Amendments to the U.S. constitution. Available literature demonstrates that “the Fourth Amendment protects citizens against unwarranted search and seizures.” Indeed, the Fourth Amendment not only secures Americans from...
People working under an employer may engage in actions that cause monetary loss or damage to the employer by putting him/her in a position where he/she has to pay for bills that are not incurred directly. This is the basic principle underlying the doctrine of Respondeat Superior. Under this doctrine,...
A contract is characterized by several basic elements, and the absence of these elements makes the contract void. These are explained as follows: Offer and Acceptance. A valid contract must be characterized by a legal offer and a subsequent acceptance of the offer. The offer and acceptance must meet the...
Publishing of a full article on the internet does not warrant copyright from the copyright society. People who do this always lose their copyrights. This is because copyright does not specify what is important in a program that is availed to the user. Furthermore, it has no control over functions...
The essential elements of a contract include offer and acceptance, legal relationship, consideration, consent, and legal capacity. Offer and acceptance is a binding element, which necessitates the contract to be formed based on the existence of parties that offer and accept the issue being addressed. Some of the features of...
The definition of a contract is considered to be a legally binding agreement based on mutual respect and understanding between the concerned parties in relation to the scope and substance of the agreement. The mutual agreement can be achieved through offer and acceptance. An offer reveals that the parties engaged...
Statutory interpretation of the constitution relates to the procedure through which the courts elucidate and implement legislative decrees. Statutes, however, contain vague and ambiguous wording that requires some amount of explanation by the judge. In such instances, the judicial system may use various tools and other methodologies in interpreting statutes....
Sharon Pickering and her colleagues, Jude McCulloch, and David Wright-Neville, claim that the “…attempts to prevent terrorism through legislative measures may represent challenges to community cohesion.” However, the main challenge for community cohesion is the common sense typical for one part of the population and strange for another. In this...
In the US judicial system, the U.S. Supreme Court is the final appellate court, and the final interpreter of constitutional matters. The constitution grants the Supreme Court powers to act in constitution related cases, laws, and treaties that the US is a party to; controversies where the United States is...
Mergers, consolidation, and acquisition lead to the creation of a bigger and more powerful business. These businesses have even greater control of the field in which they operate. The antitrust laws are meant to protect any unlawful business practices which lead to general exploitation of the consumers due to the...
There are only a few areas in the workplace where an employee can reasonably expect to have privacy. It is the bathroom and the locker room. The rest of the areas accessible to employees can be monitored by the employers. Based on U.S. laws, employers have the right to monitor...
Admittedly, agriculture is one of the essential sectors of the world economy. Unfortunately, this is also the arena for numerous law violations which can be associated with white-collar crimes. Effective public policies should decrease the number of violation cases. First, it is necessary to launch a public policy that is...
The Australian System of Law has been drafted from the common law of England and hence the guiding force is that of a judge-made law system. As per the concept of judge-made law, the common law should develop with case-based outcomes. In the simplest form, it can be understood that...
Shariah law is considered as the words of Allah from the holy book of the Quran and the Sunnah, which are the traditions of Muhammad. Now, as per Quran, Shariah is the pathway that is meant to be followed by adherents of Islam and hence is the right path. The...
There are some differences in intestacy rules as applied in Scotland versus England and Wales. However, in both cases, the most important consideration is whether a person is married or has a civil partner, the presence of dependants such as children, or any other relatives who may be alive. Notably,...
Expatriates conventions always come to a consensus that rapid action needs to be done on issues that behoove national and international attention. However, any further discussion always leads to profound opposition in opinion. So much has been done to solve healthcare problems from the federal government, local, and the state....
America uses the federal system of governance. The different states make legislation that affects the state alone. There is however the federal law which is an umbrella that covers the entire country. In such a scenario, it is expected for there to be a conflict between the state and federal...
The Canadian Constitution lists the rights and freedoms protected under its provisions; the fundamental rights of Canadians (freedom of religion, expression, and association) are included in the list. Democratic rights (the right to vote, to run a political office), mobility rights, and legal rights are also protected under the Constitution....
Ensuring the protection of children and young people through the provision of necessary social services, access to development, and other measures is an important aspect of modern policies governing activities aimed at child welfare. In Canadian law, the Child and Family Services Act (CFSA) is an example of such a...
Police corruption is one of the most pressing issues in today’s world. If someone discovers bribery incidents in a civil workplace, the response to it is quite apparent – informing the supervisor and the police. However, when corruption is found in law enforcement, the actions to handle it may be...
Biosocial theories play a key role in the diagnosis and prevention of crime. Indeed, their use is fraught with labeling people and misdiagnoses. However, in any case, they have proven to be effective and are used everywhere. There are several reasons for this: for example, it is worth noting that...
The concessions to human rights made in anti-terror laws are about as appropriate as “confetti at a funeral.” Human rights are under siege by counter-terrorism policies that have become one of the most prominent inventions for authorities to infringe human rights. To be more exact, terrorism is another justification to...
Fundamental ethical issues are raised on the reason for collecting and using personal information within the frames of surveillance. Currently, the new Surveillance Law is actively discussed in Australia. This law is aimed to simplify the access to personal data and personal communications tools by the security agencies. Scott Ludlam,...
Australia In Australia, the practice of foreign law is generally banned unless the practitioner proves to be registered as a foreign layer practitioner. The legal profession is not regulated under the ambit of the Commonwealth of Australia – it is the exclusive domain of each State and Territory, though the...
The TEQSA act provides that a commissioner must disclose to other commissioners any interest that he or she might be having outside the commission. This is well stated in section 150 of the act. The act goes further to state that the commissioner must state their said interest as soon...
Dutta states that one of the major components of the contract is the offeror what is being given in the contract. The offer must be acceptable to all the involved parties with no conditions. In case any fresh terms are recommended, this turns out to be a counteroffer, not a...
The freedom of expression clause in the first amendment is probably one of the most important freedoms guaranteed in the American constitution. There are many lessons I have learned from this clause. First, clearly, the freedom of expression clause cannot be compromised by any individual, government, or institution because it...
The term constitution refers to a set of laws and regulations which have been adopted by a certain authenticated body of legal experts on behalf of a government. In most cases, a constitutional document is codified to ease the interpretation and understanding of the content matter. Apart from restricting the...
The article “Damages Writ in City Tower Fiasco” by Kim Macdonald dwells upon the court trial between Salta Constructions (who demands to cover the expenses it suffered from after the building has been stopped) and Luke Saraceni’s Westgem Investments (who states that they always wanted to invest in the project...
Massachusetts Government Act was the law adopted by the UK Parliament in 1774 went down in history together with other laws that are called “unbearable.” It was adopted on 20 May 1774, acquired full power with July 1, 1774. Explanation: Government Act of Massachusetts canceled the election of councilors governor...
The basic principles of the Constitution are the statements that formed its basis and ensure the rights and freedom of citizens. The seven principles of the US Constitution are checks and balances, federalism, individual rights, limited government, popular sovereignty, republicanism, and separation of powers. Explanation: Each of the seven principles...
The American health care system is radically different from those to which residents of Europe or other continents are accustomed. Despite significant financial investments in health care, the quality of medical services and public health indicators do not rank Americans at the top of the ratings. It is worth saying...
According to the United States department of labor, the Family Medical Leave Act of 1993 states that eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. According to the Act, the employers covered are public agencies, including...
White-collar crime involves illegal activities that involve manipulation and concealment where prosecutors determine the person liable for prosecution depending on his status. Some crimes are very dangerous and need to be dealt with immediately without discrimination or favor. White-collar crime depends on the class of people when taking disciplinary action...
A court is a governmental institution that is granted powers to arbitrate officially authorized arguments and allot administrative fairness while following the decrees provided by law. Different countries in the world have their own courts with varying types of rules practiced and implemented in the courts. Consequently, this paper will...
In Simpson’s case, Christopher Darden was the prosecutor who took the task of investigating into the case and analyzing the evidence. During his activity, it was not very smooth as anticipated. There were some problems that he encountered during the process before proving Simpson guilty of murdering her ex-wife. First,...
Daily logs are documents which are associated with several activities such as crimes. The daily crime logs are usually published after proving out that they are in compliance with both the centralized as well as the laws of the individual state. This however entails persistent reporting from the national desk...
Due to the necessity to adopt an unbiased approach toward selecting the people that qualify for the job, the existing regulations should be used to provide each candidate with a chance to exhibit their abilities and skills. At this point, one should address the very idea of equality and the...
In the contemporary business environment, it is crucial to provide equal opportunities to all participants of business relationships. Recent changes in the legal framework have offered chances for people belonging to minorities and vulnerable populations to be represented in the business world to a greater extent. Therefore, for my industry,...
The four essential elements of a valid contract are offer, acceptance, consideration, and intention to create legal relations. An offer is a promise do to something, such as hire a person for a position; it should be capable of acceptance. After an offer is made, it can be either accepted,...
The definition of the word refugee has grown dramatically since its inception in 1951 by the United Nations Convention. The growth could be attributed to the ever-changing status and challenges of the refugee phenomena. Not only contemporary challenges call for a change in the definition to cater for the new...
Clinical Trials Currently, the Clinical Trials Regulation is the primary document considering clinical trials and health research. It has a broader scope as it regulates more than “the conduct of trials on pharmaceuticals, or ‘medicinal products’” and includes a different definition of the processes. It also defines a “clinical study”...
Clinical Trials The history of creating regulations for pharmaceutical trials was impacted by the events of the 1960s when pregnant women were given Thalidomide which led to them having children with major disabilities. This situation is reflected in the case of Distillers v Thompson. Health law on clinical trials and...
Before the announcement of the president’s order of closing Guantanamo Bay, the latter was heavily criticized by human rights organizations, which were later joined by former detainees and academics. Although it is stated that the closure of Guantanamo would have little impact on US detention practices elsewhere, the controversies resulting...
According to the United States Constitution, it can be quoted that “The judicial Power of the United States shall be vested in one supreme Court and in such inferior Courts as the Congress may from time to time ordain and establish.” Janda also mentioned that “judicial Power shall extend to...
There has been a dramatic change in the issues in regard to the protection of human research participants during the past thirty years. With the onset and realization of human rights on an increasing basis, the scientific community has become very protective in regard to the well-being and safety of...
In Hamdan v. Rumsfeld, the U. S. Supreme Court ruled that the trial of Guantanamo Bay detainees by military commission or tribunal is illegal. This contradicts the Uniform Code of Military Justice and Common Article 3 of the Geneva Convention. Ultimately, this means these regulations are enforceable by the Supreme...
Family Educational Rights and Privacy Act is an act regulating access to educational records by public structures such as educational institutions, employers, and foreign governments. Explanation: FERPA is a law that was established and introduced by James L. Buckley in 1974 in the United States. This act presupposes the protection...
In Islamic law, Ijtihad is the process of legal reasoning and interpretation of the issues that are not clearly covered in the sacred sources. In its literal meaning, the word can be defined as striving or a physical or mental effort. Indeed, using reasoning in finding a solution is a...
Recently, there has been a great deal of debate about whether the murder of a police officer should be treated any different that the murder of a civillian. For instance, five years ago, the police representatives in the UK were appalled by the news that Harry Roberts, the man behind...
Despite the focus on the cultivation of humanistic values, modern society still faces multiple problems related to human rights infringement. People in various regions suffer from the violation of their freedoms. In many cases, their rights to freedom, liberty, and security are violated. Numerous advocates and defenders try to improve...
Arthur Cockfield makes some good points that are relevant to a discussion of the techno-legal time-gap: The interplay between law and technology is complex and interactive. Flexible solutions are required ‘law is technology’. Regulation of technology is also directly or indirectly linked to regulation of behavior ‘technology is law’. During...
Crime in neighborhoods is generally regarded as a matter of the population background, as well as traditions that are current for any particular neighborhood. Therefore, the primary data collection process should be arranged in the neighborhoods with increased crime levels. This will help to study the demographic characteristics of the...
Historical explanations of crime are mainly linked with religious norms, and in accordance with the research by Friedman, one of the origins of the word crime may be translated as sinful. The general definition of crime is closely associated with the existence of particular norms and codes of behavior that...
The Eighteenth Amendment was developed in order to prohibit the sale of alcoholic beverages. During the period of its adoption from 1917 to 1920, such prohibition was promoted by a number of social forces. One of them is the Temperance Movement. The Temperance Movement is the union of Christian women...
If there is one thing that the federal government is concerned with is the protection of employee rights. The government does this by formulating policies and legislations that definitely affect the function of human resource policies. One legislation that affects how HR functions are the Fair Labors Standards Act of...
Introduction When it comes to crime, victims as well as many other people who might be involved are eager to seek justice that is often achieved through punishment. The present judicial system tends to use three major paradigms: retributive, restorative, and parallel justice. It is noteworthy that retributive justice is...
Executive summary This essay looks at the antecedents of the making of a contract. The paper uses an agreement for the administrative resolution of claims emanating from penalties charged on the violation of traffic codes. The contract is between the National Highways Traffic Safety Administration (NHTSA) and the Toyota Motor...
Introduction Whereas directors of the Australian companies have a discrete autonomy to make investment decisions or expand their corporations, due to certain market demands, the laws of corporate governance are decisive.1 In a certain corporate scenario, departmental technologists discovered a fuel additive that could be efficient in the automotive industry....
Changes in Gang behavior The contemporary gangs are not like gangs of the past. There are many differences between these two types of gangs. For example, contemporary gangs are not found in areas such as slums. Research has shown that contemporary gangs are now living in suburban areas of Chicago....
Introduction Juvenile detention has been a topic of extensive research and people have acknowledged that existing system is inefficient. Juvenile detention is a costly program that often results in recidivism. Concept Theory Used It is possible to employ a behavioural theory to understand why the system does not work and...
Introduction Administrative law is the law type that manages the operations of government bodies. The government bodies engage in rulemaking activities. Administrative law is a key component of the public law. The administrative units are part of regulative schemes in issue like taxation, international trade, minimum wage, manufacturing, transportation, police...
Criminological theory tries to explain why people commit crime. According to Waldron (2009), criminological theory has a long history that signifies the efforts of societies to declare certain modes of behavior immoral and against the law. Early customs and laws required compliance and punishment for the good of the society,...
Introduction The laws of natural justice affirm that the law should be applied proportionately. The fact that America’s justice system has failed in addressing equitable justice to all is critical (Cole, 2004). Whereas some feel that the system favors the majority groups, some are crying foul over the discriminate application...
Introduction Ethics is a term used to basically mean right or wrong. It covers a wide range of disciplines but we are going to concentrate on computer ethics and copyright laws as well as academic ethics. In today’s society there is disregard of computer and academic ethics. Though it may...
Abstract Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (shortly called as the Dodd-Frank Act) was enacted with the objective of preventing the repetition of the financial crisis followed by the collapse of Lehman Brothers in 2008 as an aftermath of the economic downturn. Use of...
Introduction The Federal Bureau of Investigation (herein referred to as the FBI) is one of the arms of the security apparatus in the United States of America that is tasked with the duty of fighting organized crime in the country. According to the bureau, the modern and historic impact of...
Introduction The boundary dispute under the California Property law is the one area of law, which has been the most frequently litigated area of law. This is mainly due to the fact that the physical divisions that neighboring owners presume divide their properties from each other are normally different from...
Introduction Criminal justice in society entails institutions and practices that work towards reducing and eliminating crimes, maintaining a peaceful society, punishing convicted criminals, and providing rehabilitation to those who can change into good people. The US Criminal Justice system is considered among the strongest globally (Spade, 2020, May 18, para...
The Criminal Justice System in Texas The American justice structure is complicated, with state courts, local courts, federal courts, judges, and jails. For reduction of incarceration rates, this complex network must be decrypted. If you are a regular American citizen, you have probably had to deal with the courts (Eisen,...
Introduction The United States is the leading country in the industrialized world in violence caused by handguns, like suicides, homicides, and unintentional deaths. There is a lot of violence in the US that entails handguns. Firearms can be easily hidden, are designed for maximum lethality, and are relatively cheap and...