...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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...Due Process And Crime Control Models Criminology Essay ukessays.com /essays/criminology/due-process-and-crime-control-models-criminology-essay.php Due Process The basis of the due process model is formal structure. When used correctly, the due process model protects the rights of suspects accused of various crimes. The due process model reduces many errors that occur during the investigation, arrest, evidence gathering, and trial. Due process does not support much of the evidence that is used in many criminal trials, and there are many reasons and factors for this. Basically, the due process model criticizes every type of evidence except definitive physical evidence that cannot be disputed. The object of looking at evidence in the due process model is deciding what information may be incorrect, falsified, or coerced from an individual. This has occurred on many occasions when other criminals have testified against the suspect, because they may be rewarded with time off of their sentence or other things. Because the main goal of the due process model us to reduce mistakes that can place an innocent person in prison, the process is very slow (Henham, 1998 & Klein, 2006). Crime Control The idea of the crime control model is to decrease crime in all areas; for this to be done criminal conduct needs to be drastically reduced. Many of the problems that arise in the crime control model is directed at law enforcement officials. People commit crimes and get away with them...
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...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention...
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...Unit 5 Homework Assignments Worth 45 Pts. Total *Review Terms From Unit 1, 2, 3 & 4* 2nd Amendment Establishment Clause Hecklers Veto Probable Cause Schenk v. US/Clear & Present Danger Free Exercise Clause Exclusionary Rule Defamation Double Jeopardy Miranda v. AZ/Self Incrimination Due Process 6th Amendment Grand Jury Indictment Habeas Corpus Swing Justice Original vs. Appellate Jurisdiction Marbury v. Madison/Judicial Review 4th Amendment 8th Amendment Stare Decisis/Precedent Article I Article II 1st Amendment 10th Amendment Article III Eminent Domain 5th Amendment Arraignment Judicial Activism vs. Restraint Gideon v. Wainwright 7th Amendment Civil Law/Tort Law Criminal & Civil Negligence Federal & State District Courts Beyond a Reasonable Doubt 14th Amendment Preponderance of Evidence Majority Opinion of Supreme Crt Federalism Reserved Powers Police Powers Enumerated Powers Griswold v. Connecticut (1965) Roe v. Wade (1973) Commerce Clause McCulloch v. Maryland (1819) Supremacy Clause Necessary & Proper Clause Civil Liberties v. Civil Rights Incorporation Doctrine Brown v. Board of Education (1954) Party Primary General Election Closed Primary Open Primary Caucus Electoral College Gerrymandering Advise & Consent Filibuster & Cloture Speaker of the House Senate Majority Leader Standing Committee Conference Committee Pork Barrel...
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...Does the law of sedition infringe on the rights of freedom of expression and the press? Discuss with appropriate cases and reference Introduction It’s common knowledge that the law legal system is generally based on a precedent. Precedent law is developing under the authority of a legal case according to which a judicial body is obligated to treat similar facts or issues and according to which the law of the state may be changed. In law, sedition is overt conduct, such as speech and organisation that tends towards insurrection against the established order. Article 19 of the UN chatter states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media regardless of frontiers”. This assignment seeks to find (if any) impartiality between the freedom of expression and the law of sedition. Sedition and Freedom of expression and the Press in Nigeria The offence of sedition attempts to strike a balance between Freedom of Expression as enshrined in section 39(1) of the 1999 Constitution (as amended) and the security of the state. But, in discussing or criticizing government, a person or the press is allowed to keep his opinions within the limits of fair criticism. What is not permitted is to criticize the government in a malignant manner. For such attacks, by their nature tend to affect the public peace: DPP v. Obi. Therefore...
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...FINAL PROJECT: HISTORICAL TIMELINE AND ESSAY Final Project: Historical Timeline and Essay Jennifer Mullins Axia College of the University of Phoenix Historical Timeline and Essay: The Civil War The first shots were fired on April 12, 1861 from Fort Sumter, South Carolina beginning a four-year battle that would end on April 9, 1865, when Confederate General Robert E. Lee surrendered in Appomattox, Virginia to Union General Ulysses S. Grant, ending what became known as the American Civil War (Davidson, Gienapp, Heyrman, Lytle, and Stoff, 2006). In the aftermath of the Revolutionary War, America went into two different economical directions: the North became industrial the South agricultural. Although it is believed the underlying cause behind the Civil War was due to the abolition of slavery (slaves were considered a major asset in the southern states), the following timeline shows there were many other factors involved as well. From the signing of the Declaration of Independence to the firing of the first shots at Fort Sumter, America’s journey for equality and unity was a hard one, leaving in its wake destruction, discord, and civil unrest. ____________________________________________________________ ____________ 1776: Declaration of Independence • Was written by Thomas Jefferson • Was signed on July 4th, severing all ties to Britain 1787: Northwest Ordinance • Was passed on July 13th establishing the intent to expand into the West adding...
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...Essay Question 1 1. From the sale of his home in 2004, Melvin will incur a gain in the amount realized from the sale of his home, which exceeds his deferred basis in the home because the property was transferred to him incident to divorce. Furthermore, Melvin will be able to exclude the gain on the sale of his personal residence from his taxable income. The rules pertaining to federal income tax and income tax deductions are governed by the Internal Revenue Code (“the Code”). According to the Code, all income is taxable from whatever source derived unless otherwise excluded. Pursuant to the Code, income is defined as any economic benefit to the taxpayer or any clearly realized accession to wealth. Under this conceptualization of income, income can be in the form of cash or the fair market value of any property received. In the instant case, Melvin sold his principal primary residence. The amount realized for the sale of his home was $200,000 in cash and two paintings, each valued at $50,000. Thus, his entire amount realized, consists of the total value, or $300,000. Determining the amount realized is only the first step in determining what income will be taxable to Melvin in 2004. Next, because the disposition of property (receiving value for the sale of a home) is a capital gain, the amount of Melvin’s basis in the property must be subtracted from the amount realized to determine the amount of taxable income. A taxpayer’s basis in property is the amount of money...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...
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...The Regents of the University of California v. Bakke, which allowed for the use of race-based preferences as a means of fostering diversity, allowing affirmative action to be used in admissions policies. It was created with the intention to provide equal opportunities for members of minority groups in education and employment. Initially affirmative action focused on improving opportunities for African Americans. Colleges and universities used Affirmative action in their admission process, with the hopes of increasing their enrollment of African Americans and later Hispanic students, two minorities that were falling behind in college acceptance rates. According to data from the National Center on Education Statistics (NCES), in 2007, 70 percent of white high school graduates immediately enrolled in college, compared to 56 percent of African American graduates and 61 percent of Hispanic graduates. As more and more educational institutions began using affirmative action policies in their admissions process, it became a target of great debate. With Americans taking sides as affirmative action supporters, opponents and “reformers”, the use affirmative action has become, and continues to be, a largely debated topic in American society. In today’s society, affirmative action supporters find themselves amongst a midst of criticisms and the large group of affirmative action opponents. Not to mention those who believe they are “reformers”, agreeing with certain parts of...
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...106H. Prerequisite: ENGL 101 or equivalent. Lec. 3 Cr. 3. Gen. Ed. 1a, 2, 3, 7. Writing Enriched Course. Texts & Materials A topic reader specified in your instructor’s syllabus for your section of the course. Costello, Rita D., et al, eds. McNeese State University Composition and Rhetoric Guide, 2013-2014. Sulphur, OK: Fountainhead, 2013. Print. Maimon, Elaine P., Janice H. Peritz, and Kathleen Blake Yancey, eds. A Writer’s Resource: A Handbook for Writing and Research: Special Edition for McNeese State University. 4th ed. Boston: McGraw Hill, 2012. Print. Portfolio folder College dictionary Scantrons and examination booklets Student Learner Outcomes Upon successful completion of this course, students will be able to do the following: 1. Demonstrate the ability to think critically and work independently on individual research projects* 2. Write three 1000-word documented texts and one 2000-word documented essay (approximately 5000 words not including journals). Essays should demonstrate the elements of good academic writing and an understanding of the rhetorical principles of audience, purpose, and content* 3. Explore writing in...
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...BUSINESS LAW BLO1105 2014 Prepared by Darren Parker BLO1105 – Business Law ------------------------------------------------- Business Law Students’ Manual ------------------------------------------------- 2014 Edition This Manual contains materials essential for all students undertaking Business Law, including: * ------------------------------------------------- Course Guide for Business Law; * ------------------------------------------------- Unit of Study Syllabus for Business Law: * ------------------------------------------------- Lecture Program for the Unit of Study; * ------------------------------------------------- Tutorial Programs and Questions; * ------------------------------------------------- Past Examination Papers; and * ------------------------------------------------- Other essential data regarding the Unit of Study. Manual and Tutorial Program compiled by Darren Parker (College of Law and Justice) VICTORIA LAW SCHOOL College of Law and Justice Unit Coordinator – Robert Alvarez Robert.Alvarez@vu.edu.au TABLE OF CONTENTS ------------------------------------------------- ITEM DESCRIPTION PAGE/S NUMBER 1. Table of Contents 2 2. Introduction 3 3. Assessment 4 4. Assignment instructions 4 -17 5. Assignment Topics for 2014 18-21 6. Tutorial...
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...(Roman Code → Napoleonic code → Germanic Code) = Civil Law System US has the common law (common law will only be found in former British states) Sare Decisis (Case Precedent) Chapter 1 Sources 1. Constitution (s) – 51 (States and Federal) 1.5 -- Treaty 2. Case Law 3. Legislature (s) – 51 4. Administrative – help in regulation (Federal, State, and Local level) Chapter 2 State Top Level – Supreme Court Middle Lever – Court of Appeals Lowest Level – Superior Court The only state where the Supreme Court is the lowest is New York Federal Top Level – Supreme Court Middle Level – Circuit Court Lowest Level – District Court Jurisdiction – the power of a court to hear a case The two bottom courts are trial courts and have original jurisdiction Top two have appellate jurisdiction. State jurisdiction 1. Subject –matter jurisdiction (apply to the CT) + (2-5 apply to the person you are suing) 2. Personal jurisdiction – domicile 3and4 relate to property 3. In Rem – dispute is about the property itself 4. Quasi in Rem – breach of contract (attach the prop to the dispute) 5. Long arm statute – minimum contact rule. Revenue 15% Example: purchased a toy from a biz in Indiana. Child got hurt and wants to sue the person. You can use the 5th rule. The judge will order and accounting and if the rev is equal to or higher than 15% the trail is heard in Cali if lower than the trail is heard in Indiana. Federal 1. Federal question – is a federal...
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...and frustration to the villagers. The main concern of this essay is to evaluate the process of decentralization that took place under different regime in Bangladesh and analyze to what extent decentralization has been ensured. 1In some countries, the local extensions of the central government, and in others, traditional local power structures utilized for supporting field administration, have been misconstrued as being equivalent to local government. At times local government has been mistakenly considered an insignificant segment of the government. However, in industrialized countries, the number of civil servants at the local level is much larger than is commonly believed. In the United States, for example, there are four times as many local government employees as federal employees; even in a developing country, like India, the number of local level employees is as high as 40 percent that of federal employees With a view to avoiding confusion, it is better to differentiate ‘local government’ from ‘local politics’ and ‘local administration’. Local politics is a wider term and covers a host of areas besides local government. On the other hand, local administration means implementation of decisions by not only local government institutions but also national/ provincial government units operating at the field level. In South Asia, local government is widely known as local self-government. For the purpose of this essay, local government is defined essentially...
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...Reduced Effectiveness Contrary to what may be a common public perception, jury trials are a dying breed in America. Jury trials have been declining steadily for the past thirty years. “If the trend continues, within the foreseeable future, civil jury trials in America may eventually become…extinct.” This may seem surprising because the U.S. Constitution ensures the right to a jury trial in criminal trials under the 6th Amendment and in civil trials through the 7th Amendment. The reality, however, is that parties are finding more effective, faster, and more cost-effective means of adjudicating legal disputes through alternative dispute resolution (ADR) forums that are evolving to an ever-increasing degree. The American Jury Project (AJP) of 2005, a national symposium of the American Bar Association, was held to establish the standards and principles for juries and jury trials. Principle 1 states that “the right to a jury trial should be preserved; however, the lack of available jurors and the rules and procedures used in the jury selection process have reduced its effectiveness and have made this means of seeking justice a slow, unpredictable, and expensive gamble that is driving parties to seek ADR through other forums. One author described a powerful contradiction in the jury system that confronts people in America: “We love the idea of the jury but hate the way it works. We celebrate the juror’s democratic power but no longer trust the decisions they reach...
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