...support of the former, in his article titled “On Deterrence and the Death Penalty”[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2) ], Ernest Van Den Haag outlines his thoughts which support the use of the death penalty and how it might deter heinous crimes against society. The first section of this paper will give a summery of Van Den Haag’s thoughts, which he outlined in the article, including the main points and arguments made which support his view. Following this summary, an in depth analysis of how the article relates to my personal beliefs and understanding of the topic will take place. Summary In section one of the article, the author brings up the point that the purposes of the death penalty must always be understood as being one of two things: doing justice or deterring others. Van den Haag points out that any other aim of a justice system, such as rehabilitation, would not be met by this form of punishment. It is his belief that opponents contesting the use of the death penalty must show that that neither purpose is met in order to illustrate that it should be abolished[ Van Den Haag, Ernest (1969) On Deterrence and the Death Penalty. The Journal of Criminal Law, Criminology and Police Science, 60(2),pp.141]. He then outlines the purpose of his paper which is to challenge the claim that capital punishment is useless as a form of deterrence. Section...
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...Committee of Sponsoring Organizations (COSO) I would encourage you to go to the web site: http://www.coso.org/aboutus.htm and read more about COSO. * “About Us” gives a history of COSO, some of which is excerpted in the screen shots below. * Under “Guidance” you will find free executive summaries of some of the key studies COSO has done over the years. Click on the headings for “Enterprise Risk Management” “Internal Controls” or “Fraud Deterrence” and then click on “More” after the brief summary to get the executive summary of the study. I have attached the Executive Summary for Integrated Framework (1992) as a Reading Following this posting. * Under “Newsroom” and “Home” you will find descriptions of current COSO activities. COSO was an attempt by the private sector to do what congress did with SOX. At present, companies have guidance from COSO and regulatory requirements from SOX that are sometimes overlapping and sometimes in conflict. COSO was organized in 1985 to sponsor the National Commission on Fraudulent Financial Reporting, an independent private-sector initiative that studied the causal factors that can lead to fraudulent financial reporting. It also developed recommendations for public companies and their independent auditors, for the SEC and other regulators, and for educational institutions. The National Commission was sponsored jointly by five major professional associations headquartered in the United States: the American Accounting...
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...Which is the most appropriate justification for punishment – deterrence, retribution, rehabilitation or incapacitation? Give reasons for your answer. In this essay the following methods of punishment; deterrence, retribution, rehabilitation and incapacitation will be critically evaluated with example to reference, thus the most appropriate method in collaboration with the justice system for the UK can be selected. There has been much debate with regards to the meaning and purpose let alone the most efficient method of punishment for many years. For the purpose of this essay punishment can be defined as ‘social artefact’ Garland (1990). Punishment such as prison and ASBOs tell us a lot about society such as who has broken the law and who is legit and trustable, nevertheless dose this in reality justify why punishment exists and conducted in a social environment? As stated by Durkheim punishment has a diverse effect on each person certain people react in a positive manner and others in a negative. However he left us to question from all the different strategies at the core of punishment which one actually works in different places or at different times, do societies use different kinds of penal strategy? Why did punishment such as ducking stools and stocks go out of fashion? Why have so many industrial democracies given up on capital punishment? Why has imprisonment become such an important form of punishment” Hudson, J (2003). Capital punishment can be defined as...
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...Atkins v. Virginia Citation. 536 US 304 (2002) Docket No.00-8452 Supreme Court of Virginia. BRIEF FACTS SUMMARY: Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder. In the penalty phase of Atkins' trial, the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally disabled . FACTS: The jury sentenced Atkins to death, but the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form. During resentencing the same forensic psychologist testified, but this time the State rebutted Atkins' intelligence. The jury again sentenced Atkins to death. In affirming, the Virginia Supreme Court relied on Penry v. Lynaugh, in rejecting Atkins'...
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...themselves and live a healthier lifestyle. Many officials feel that the only way for a criminal to learn that a crime is wrong is to keep increasing their sentence, and society think that if felons stay in jail longer, then protectors, such a police officers would be safer. The Three Strike is causing big changes with crime in America, and soon this country will be a peaceful place. Another good thing about the Three Strike law is that it cause a deterrence effect. The deterrence effect has two parts, which are general and specific. General Deterrence induce people from wanting to do the crime, and Specific Deterrence is a method that supposed to discourage criminal behavior. "Such laws attempt to reduce crime either by incarcerating habitual offenders or deterring potential offenders from committing future crimes"( John).Many people feel that this method cause people to see The Three Strike Law as the answer to crimes, and reason being is that the youth are the cause to most of the crimes. Because surveys show that the deterrence effect show changes in the youth, then maybe the crime rate may decline. When during the survey, many questions were asked, and it showed that people had different views on committing crimes after knowing the consequences of The Three Strikes Law. More than half said they would not commit crimes because their sentence would increase, and others said they would not because they would get life in jail, The Three Strike Law help the economy...
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...1.1 Strategic Entry Deterrence and the Behavior of Pharmaceutical Incumbents Prior to Patent Expiration† By Glenn Ellison and Sara Fisher Ellison* This paper develops a new approach to testing for strategic entry deterrence and applies it to the behavior of pharmaceutical incumbents before patent expiration. It examines a cross section of markets, determining whether behavior is nonmonotonic in market size. Under some conditions, investment levels will be monotone in market size if firms do not invest to deter entry. Strategic investments to deter entry, however, may result in nonmonotonic investment because they are unnecessary in small markets, and impossible in large ones. Consistent with an entry-deterrence motivation is the finding that incumbents in medium-sized markets advertise less prior to patent expiration. (JEL D92, G31, L11, L21, L65) T he insight that firms may make “strategic investments” to alter future competitive conditions is one of the most fundamental ideas in industrial organization. Jean Tirole’s (1988) chapter reviewing arguments about how excess capacity, capital structure, advertising, contractual practices, learning-by-doing, and other actions can be used to deter entry is easily the longest in the text.1 Strategic investment models are difficult to test directly, however, and the vast majority of this literature is theoretical. In this paper, we propose a new empirical approach for examining strategic entry deterrence. Our applied focus is...
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...knowing that the death penalty awaits them should they kill an Officer. This paper was compiled mainly by researching online periodicals, newspapers and books. This is a topic that evokes strong feelings, pro and con. These feelings and responses to certain crimes provide a virtual emotional roller coaster ride depending on circumstances. The killings of two Detroit Police Officers earlier this year proved to be no different. 3 Table of Contents Abstract ………..……………………………………………………………………..2 Table of Contents………………………………………………………………….....3 Introduction…………………………………………………………………………..4 Background and Significance…………………………………………………….....5 Michigan Connection………………………………………………………………...8 Literature Review…………………………………………………………………..12 Results/Summary.......................................................................................................25 Cited Works………………………………………………………………………...29 4 Introduction Capital punishment is the imposition of the death...
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...Sally Sunshine Research Proposal Section 1 – Summary of the Argument In my research paper, I will argue the case for the abolition of capital punishment. Outside of the United States, there are only three industrialized democracies that still use the death penalty as part of their justice system (Japan, Singapore, and South Korea). The global movement toward peace can never be led by a country that continues to sanction killing. First, I intend to give an overview of capital punishment, including its history, Supreme Court decisions, and the general controversy. Next, I will present my case by establishing the most relevant points in my argument, including statistics that contradict capital punishment as a crime deterrent, evidence that shows the inconsistency in how defendants are sentenced to death row, and finally evidence of mistaken executions. For my counterargument section, I will acknowledge those who support the death penalty by highlighting their cogent points. The primary counterargument in favor of the death penalty rests on giving the families of victims a sense of closure and justice. This counterargument will be refuted using evidence gathered primarily through national studies and statistics. Finally, I will conclude by summarizing key points in the argument, by offering possible alternatives to the death penalty, and be reasserting the case to federally abolish capital punishment once and for all.Sunshine 2 I do need help with a few questions...
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...states have the death penalty. There are currently 35 states with the death penalty and 15 states that do not have it. When the word death penalty is used, it stirs up a lot of debates from both the people that agree versus the ones that do not. One side may say it acts as deterrence from others to not commit crimes, while the other side may say, but it may take the life of an innocent man. Federal, state, and local officials need to recognize that the death penalty saves lives. How capital punishment affects murder rates can be explained through general deterrence theory, which supposes that increasing the risk of apprehension and punishment for crime deters individuals from committing crime. Nobel laureate Gary S. Becker's seminal 1968 study of the economics of crime assumed that individuals respond to the costs and benefits of committing crime. According to deterrence theory, criminals are no different from law-abiding people. Criminals "rationally maximize their own self-interest (utility) subject to constraints (prices, incomes) that they face in the marketplace and elsewhere."[11] Individuals make their decisions based on the net costs and benefits of each alternative. Thus, deterrence theory provides a basis for analyzing how capital punishment should influence murder rates. Over the years, several studies have demonstrated a...
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...jail’s place in corrections its role throughout history; a summary of the history of state and federal prisons. Comparison of the similarities and differences between security levels in jails, state prisons and federal prisons. Explanation of factors influencing growth in jails, state, and federal prisons. In colonial america where humiliation, workhouses, and corporal punishment to was used to punish criminals by 1790 where penitentiary era begins. In 1786, Pennsylvania Quakers said honest labor was a humane way to deal with convicts and to provided labor for public projects wearing thee ball, chain and bright unstylish clothes to prevent escapes. In other colonies had replaced public humiliation with incarceration and early lockups were under local control with mixing convicts of both genders from petty thieves to violent offenders. Our nation took shape each county and state maintain its own incarceration system where jails were maintain by the local sheriff’s department housed small infractions like loitering to severe crimes like murder until disposition. State or federal authorities in prisons provided confinement for offenders sentenced to over one year of incarceration. Penitentiary Era in 1790, attribute to separate and silent system, sought penance in total solitude, created or aggravated mental instabilities,handicrafts introduced to help maintain sanity and philosophy is to rehabilitation and deterrence. In 1825, was called the Mass Prison Era due to the growth...
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...technology and security programs to reduce possible terrorist threats from boarding plans. I would like to understand if the correlation between the increased aviation security measures and the deterrence of terrorist utilizing this form of transportation in a terrorist plot. Understanding whether or not aviation security measures are effectively deterring terrorist threats could help shape the future of transportation security within the United States. If effective then some form of these security programs can then be applied to other forms of transportation such as railways or buses. The Transportation Security Administration (TSA) states We use layers of security to ensure the security of the traveling public and the Nation's transportation system that include intelligence gathering and analysis, checking passenger manifests against watch lists, random canine team searches at airports, federal air marshals, federal flight deck officers and more security measures both visible and invisible to the public. Terrorist threats of every form continue to arise; therefore continually assessing the effectiveness of aviation security is the only way to assure that another event like September 11, 2011 never occurs again. The hypothesis that is being used for this paper is researching deterrence of aviation security measures is the increase in...
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...Bibi Suffiya Allie February 4, 2013 Professor Grant Criminal Law Chaney vs. State Brief Fact Summary: The Appellee, Donald Scott Chaney (Appellee), was convicted of two counts of forcible rape and one count of robbery. The trial court imposed a concurrent one-year sentence and provided for parole in the discretion of the parole board. Even though the law prohibits an increase in the sentence upon appeal, the State of Alaska filed this appeal in order to express its disapproval of the judgment of the trial court. Synopsis of Rule of LaW: The principles and objectives of criminal reformation are rehabilitation of the offender, isolation of the offender, deterrence of the offender, deterrence of other potentially similarly situated individuals in society and community condemnation of the offender in order to reaffirm societal norms. Facts: The Appellee, a member of the United States Armed Forces and another individual picked up the victim at a downtown location in Anchorage. After driving around with the victim in their car, they beat her and forcibly raped her four times. Money was also removed from the victim’s purse. After the incident was over, the Appellee and his companion threatened the victim in order to make sure she did not tell anyone what had occurred. The Appellee claimed it was not forcible rape and that he did not direct any violence toward the victim. The Appellee also stated that he found some money on the floor of the car and was...
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...Criminal Law and the Supreme Court William Howard Taft the president of the United States from 1909 to 1913, who also was the Chief Justice, stated “Presidents come and go, but the Supreme Court goes on forever”. Currently that holds true. The first Supreme Court was called to assemble February 1 1790. It was then when they established their powers and duties. The Supreme Court of the United States now has one chief of Justice and eight Associate Justices. The Supreme Court of the United States is the highest judicial body in the United States. This paper will discuss a Supreme Court case. It will review some interesting facts on the case. The paper will also be about what are the various elements of a crime as well as accomplice liability and criminal liability. The elements of crime are actus reus, mens rea, and concurrence. In the case of the Supreme Court vs. Joel Tenenbaum who is a criminal of a different sort. Joel Tenenbaum is a former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet. In 2009 a jury ordered Tenenbaum to pay after the Recording Industry Association of America sued him (Arizona Republic 2012). The three elements of Actus rues involve an act that causes harm or condemned in a statue. Joel Tenenbuam did an act of downloading and causes harm financially to the Recording Industry and is condemned in a statue. "I can't believe the system would uphold a six-figure damages amount for downloading...
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...questionable transactions. Investors and shareholders would not be able to obtain useful information to make business decisions if financial information failed to reflect business operation and the company’s financial status. Broadly, the market would hurt due to the negative impact on the market efficiency. As a result, COSO, the Committee of Sponsoring Organizations of the Treadway Commission, was formed in 1985. It has published several comprehensive frameworks to help organizations to improve business operation and governance and to avoid fraud. The aim of this report was to study the development of COSO, including its history and main frameworks and guidance regarding internal control, enterprise risk management and fraud deterrence. The report interpreted the three areas under COSO framework with their key compositions and most recent updates. After the detailed interpretation, conclusion and recommendations were given. Keywords: Fraudulent Financial Reporting, COSO, Internal Control, ERM, Fraud Introduction and Background Financial information is a significant and unique composition of the world of business. Analysis on financial information can always help users to make business decisions. However, driven by short-term profit and specific business purposes, companies would take the risk of releasing fraudulent financial reporting. Fraudulent information would fail to lead to good business decisions. Back to 1970s, due to the occurrence of questionable...
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...(Quiz 2) “Getting Started on Your First Speech” (pp. 579-594) DISCLAIMER: This guide highlights some of the most important concepts addressed in the textbook readings for which you are accountable in Quiz 2. Review this material as you prepare for the quiz. Not everything in this guide will be on the quiz, and not everything on the quiz will derive from this guide. Indeed, you should carefully review the readings for other noteworthy facts, terms, or concepts that you might encounter on the quiz. KEY WORDS Topic selection Ethical behavior Plagiarism General purpose Specific purpose Thesis statement Audience definition Facts Statistics Examples Testimony Analogies Introduction Body Conclusion Language Fillers Stages of speech tension SUMMARY Putting together an effective public speech requires good planning. In order to construct and to deliver such a speech, you should follow an eight-step process. First, decide on a topic. Before choosing a topic, make sure you know the amount of time you have to speak, your level of knowledge about the topic, and the needs of your audience. Second, resolve to demonstrate ethical behavior throughout the process. This requires you to use accurate and current information, to rely on sound reasoning, to present a speech based on your own independent research and views, to cite sources, and to quote and to paraphrase correctly when you present information that is not your own. Third, determine the general purpose, specific purpose, and thesis...
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