...invention of weapons have dated back to 1364 when human first recorded the use of firearm. However, many severe death results developed a dilemma that people had been debating about in the past century. A possible solution of this repeated problem is to add limitations on the right to bear arms or the means to keep a weapon. President Barack Obama recently stated that, “We know that states with the most gun laws tend to have the fewest gun deaths. So the notion that gun laws don’t work, or just will make it harder for law-abiding citizens and criminals to still get their guns is not borne out by the evidence.” This thus shows that there are issues disregarding whether fire arm restrictions have an impact on American citizens. As a result...
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...Us government Ms.Crouse Victoria Liu 5/8/2017 Supreme Court case The case Nixon, Attorney General of Missouri, et al. V. Shrink Missouri Government PAC et al. was argued on the 5th of October, 1999, and then decision on the case was made on 24th January, 2000, by the Supreme Court ("Nixon v. Shrink Missouri Government PAC." n.d). The respondents, Shrink Missouri PAC as a political action committee and Zev David Fredman who was a candidate for Missouri state auditor eyeing the 1998 Republican Party nominations alleged in a suit they filed that a statute in Missouri limiting contributions in the range of $275 to $1075 to candidates running for state office was in violation of their First...
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...The Bill of Rights presents a series of Amendments that grants people a basic set of rights. The arguably most important right that everyone is granted is the First Amendment. This amendment defines the basis of a democracy and the ability of the people to communicate freely with others without fear of government influence. Throughout the movie, it attempted to describe the conflict between the Media and “McCarthyism” and the attack on the First Amendment. I, for one, agree with Murrow and the Media on the preservation and defense of the First Amendment, even in an era of dictatorships or spies, the right to speech and press should always be respected with some exceptions. This paper will further explain the reasoning and restrictions on this topic. In a Libertarian Society, the people should be given the right to express their views, opinions, and ideas...
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...available. However, people can take advantage of this freedom by harassing and cyberbullying others. Cyberbullying is the act of bullying or harassing through the internet or social media from electronic devices. This form of harassment and intimidation is becoming increasing popular among students so much so that public schools believe that they should monitor and limit what students say online in order to prevent cyberbullying. Due to this new form of bullying, schools should be allowed to limit students’ online speech. The first image that comes to mind when the word “bullying” is mentioned is a scrawny kid having his lunch money stolen. Nowadays, bullying can come in many different forms, such as cyberbullying. Although it is a form of bullying and harassment, cyberbullies do not always get punished. For example in Document C, the student was not punished for creating an offensive myspace page dedicated to a classmate. The Assistant Secretary for Civil Rights says that if a student is harassing someone, whether it is in person or online, the schools...
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...* Lecture Notes CJ 110 Weeks 13 & 14 4/22 - 5/3 Video: The New Asylums * Arraignment * The first step in the criminal proceeding * Defendant appears before the judge to be advised of the charges and enter a plea * Bail * The amount of money or conditions set by the court to ensure that the defendant will appear for further criminal proceedings * Look at many factors: * Uncertainty, risk, overcrowding, ties to the community * Release on Recognizance (ROR) * Cash * Bail Bond * Personal property * Plea Bargaining * Defense and Prosecution form an agreement for some form of leniency (Ex. plead guilty for lesser charge, fewer charges, reduced sentence, etc.) * More than 90% of all cases * Advantages: * Avoid an expensive trial * Case is handled quickly * Less work for attorneys * Witnesses/jury not forced to appear for trial * Disadvantages? * Defendant is entitled to jury by peers and to face his/her accuser * May plead guilty out of fear (when innocent) * Overcharging by prosecutors as incentive * Not potentially getting full range of punishment/sentence for the crime * Pretrial Detention in Jail * Offenders are detained if considered a flight risk in order to assure appearance in court * Detained if considered dangerous * Preventive...
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...Top of Form [pic][pic][pic][pic][pic] Nanaimo (City) v. Northridge Fitness Centre Ltd. Between City of Nanaimo, and Northridge Fitness Centre Ltd. [2006] B.C.J. No. 441 2006 BCPC 67 Nanaimo Registry No. 57412-1 British Columbia Provincial Court (Criminal Division) Nanaimo, British Columbia Saunders Prov. Ct. J. Heard: November 1, 14 and 28, 2005. Judgment: January 20, 2006. Constitutional law — Canadian Charter of Rights and Freedoms — Fundamental freedoms — Freedom of expression — Reasonable limits — Oakes test — Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression dismissed — City's objective to control proliferation of portable signs to address problem of visual pollution and balance public interests with commercial interests was pressing and substantive — Bylaw rationally connected to objective, as evidence indicated that number of signs dropped since bylaw — Bylaw minimally impaired right to freedom of expression, as smaller portable signs and other advertising means were available for businesses — Means used by city to address objective and its effects were proportional. Motion to declare that a bylaw of the City of Nanaimo restricting large portable advertising boards to new businesses violated the Charter right to freedom of expression — In order to curb proliferation of portable advertising signs, City of Nanaimo passed bylaw...
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...multi-faceted legal problems, and their harvests are often not in proportion with efforts paid. On the other hand, propelled by a huge profit, illegal antique trade has been showing a rampant trend in recent years. Its annual turnover is the second highest in all illegal dealings, merely lower than drug trade. [3] Given the lax law system on the protection of cultural relics and the burgeoning market demand, explicit need is suggested to curb the current situation. Based on the above case and focusing on its universality, this article firstly aims to shed a light on the difficulties in recovering relics. More importantly, in the later part, possible pathways to settle the issue will be discussed, with particular attention to some prospective amendments to...
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...The year is 1965, a pivotal moment in US history. This year, the law reshaped the nation’s moral and legal landscape. On February 1, 1865, Abraham Lincoln signed the thirteenth amendment, effectively abolishing the legal practice of slavery in the United States. Just two months after came the union’s victory in the Civil War on April 9, 1865, when Confederate General Robert E. Lee signed their surrender at the Appomattox Court House in Virginia. This war has devastated the south, despite draining the nation’s resources and heavily dividing the nation’s people; the war also concluded with the hope of unity and restoration for the future. President Lincoln’s victory came to a quick end, though. Just six days after the end of the war, an event...
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...The Telecommunications (Interception and Access) Amendments (data Retention) Act, 2015, passed by the Federal Parliament, will strengthen national security.’ Evaluate this claim with regard to the strengths and limitations of the law reform process. Metadata has become a huge issue in 2015 and topic to much legal debate. It is described as ‘data about data’ in simple terms but has many other complex definitions. The Data Retention Act, more formally known as the Telecommunications amendment Act 2015 was passed in parliament on March 26th 2015 and received royal accent on April 13th 2015. In Australia, the need to strengthen national security has resulted in the introduction of new ‘metadata’ storage law. This new law means that both security and policing agencies will be allowed to access up to two years of individuals metadata, to supposedly make it easier to stop any terrorist attacks and serious crimes from happening. There has been many debates in Australia about...
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...a variety of obstacles in maintaining their own good. Over the course of the nineteenth and twentieth centuries, these obstacles caused conflicting and changing meanings of individualism, community, and freedom according to Foner, Plunkitt, Etulain, Buder, Gilfoyle, Bernstein, Leuchtenburg, Degler, Friedan, and Horwitz. As stated by Eric Foner, in the 1860s after the Civil War and the Emancipation Proclamation by President Lincoln, Congress ratified multiple new amendments and added them to the Constitution. First,...
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...U.S. Patriot Act Damian Coles AJS/552 June 14, 2012 Drew Christensen U.S. Patriot Act A discussion will be made to consider the advantages, and disadvantages of making the USA Patriot Act otherwise known as the patriot act a mandatory statue. As of now some of the patriot act has expired while other parts have been voted on and extended. To fully grasp why or why not the patriot act should become a permanent statue in American law. In order to fully understand the patriot act the reason for its existence and definition of what it is must be understood. It came into place after the horrific actions of a terrorist group on September 11, 2001. On that day countless amounts of Americans lives would be changed forever. Terrorist apprehended and attempted to crash planes into high value targets all at the same time. They were successful with one of the attacks being thwarted by the inhabitants of the airplane. It was an attack spearheaded by the terrorist organization Al Qaeda. The leader at the time of the attacks was an Osama Bin Laden, and he ordered the attacks. After these attacks on American soil the people and the government wanted affirmative action to be taken. The perpetrators of this heinous crime needed to be apprehended and an attack like this needs to be avoided. So the patriot act was created by congress and signed by former President George W. Bush and made a law on October 26, 2001. The law was unanimously voted into action by the House of Representatives...
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...Developement in American Constitutional thinking to take place during 1776-1787. The constitution was concerned in developeing a new way of government. In 1776 a constitution was not in place, And simply calling a document a constitution did not make it legally distinct from any ordinary legislation. A constitution is the body of rules in accordance with which the powers of a government are distributed and excersised. How did the U.S. come to have writen the constitution? There are three Charters that influenced this. Firstly, the influene of the colonial charters. Secondly, was the church covenants, and Thirdly the influence of english precedent, these developed a habit of drawing up constitutional documents for purpose of placing limitations on the king or the government.(Hutchinsons,2) The general court later wrote a new constitution to replace the Royal Charters. The general Court agreed to a convention, Which purpose was only to write a constitution. After the writing of the constitution a Convention was then set up to allow the people of Massachussetts to overlook this set up a two part process, Framing and ratification by the people that the writers of Constitution followed. The preamble was revised up until the last days of the convention. Instead of listing the people of the states individually, The final wording encripted the American people as "WE." This showed us as American people Excersising their soverign power, as we proclaimed in the Declaration of Independence...
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...that have helped implement acts that make the internet safe for people of all ages and public and in their homes. I have chosen two different acts to research. The first Act that I researched was the Do Not Cal Implementation Act of 2003. This Act was passed by the United States Congress and was signed into a law by President George W. Bush on March 11, 2003. This act implemented the National Do Not Call Registry. The creation of this Act is to give certain limitation on who telemarketing companies can contact. If the company contacts someone on this list then the company can be considered to breaking the law and a fine or other penalties could be imposed on the company. Many people believe that this Act is targeted toward abusive telemarketing practices that can infringe on someone’s rights to privacy (Reputation, 2011). Just like many other ideas and acts this one was revised back in 2007 to include amendments that can keep consumer protected against the unwanted calls from telemarketers. This revised act also includes the access to certain demographic information on consumers that could become a “possible lead” for the companies to follow. For this type of reason Congress was forced to give protection to consumers to try and restrain telemarketing company’s calls so that they do not become harassing. One advantage to this is that the telemarketing companies are no longer allowed to call consumers between the hours of 9pm and 8am. This act also eliminated the automated programs...
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...justice system have helped reduce the amount of racially induced arrests; however, nothing has been presented to reduce the root causes for the crime levels and the disparities that still exist. The following paper will discuss juvenile justice statistics, legislation of racial bias in the juvenile justice system, racial disparities, and root causes as well as possible solutions. Statistics To understand the evidence that is currently available, nationally, is very important when discussing disparities of a juvenile offender's race and ethnicity. The most recently available statistics are those of 2007 for juvenile offenders. First, one must understand that many cases of juvenile arrests are not reported to the Uniform Crime Report (UCR) of the Federal Bureau of Investigations due to a variety of state and federal limitations on juvenile information. In 2007 law enforcement agencies in the United States made an estimated 2.18 million arrests of persons under the age 18 (Puzzanchera, 2009). Out of approximately 14 million arrests made for all crimes and ages in 2007, statistics show that juvenile arrests equaled roughly 15% of all arrests made. Juvenile arrests equaled over 18% of all adult arrests, which means for every 18 adults...
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...Origins of American Criminal Law Angel Vance Scott Levasseur LEG 320 10/27/13 This weeks assignment is about the Origins of American Criminal Law. In my paper I am going to talk about the fourteenth amendment to the US Constitution. The Fourteenth amendment talks about the rights guaranteed privileges and immunities of citizenship, due process, and equal protection. In section one of this amendment it states: “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In section two it states: “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty- one years of age...
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