...constitutes a due process violation. At a waiver hearing the prosecutor and defense attorney present evidence on whether or not the juvenile should be waivered to an adult court (Taylor/Fritsch, 2011). Supreme Court of the United States overturned the conviction of Kent and ruled that a juvenile has due process rights if being waived to an adult court (Taylor/Fritsch, 2011). The Court ruled the waiver invalid, stating that Kent was entitled to a hearing that measured up to "the essentials of due process and fair treatment". Kent's counsel should have had access to all records involved in the waiver, and that the judge should have provided a written statement of the reasons for waiver (ncjrs, 1999, para. 5 internet). This paper examines Taylor/Fritsch’s research to understand juvenile legislation. Kent v. United States is legislation that shaped the treatment of juvenile offenders/delinquents. This legislation contributed to the system in place today by clearly defining the rights of juveniles being tried as adults. According to the parens patriae doctrine the juvenile court should act as the juvenile‘s parents. The best interest and rehabilitation of the juvenile should be the goal of the courts. When the 20th century came the courts started moving away from this doctrine and began to simply punish juvenile...
Words: 885 - Pages: 4
...the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of the Charter and indicates that none of the violations can be justified in a free and democratic society. INTRODUCTION: In a recent judgment, the Supreme Court of the United States approved...
Words: 7373 - Pages: 30
...Is the Death Penalty a Fair and Effective Deterrent in the United States? Abstract The death penalty is the most severe punishment that may be imposed on an individual by the United States government. It denies a person one of their most basic human rights, which is the right to live. One of the purposes of the death penalty is to serve as a deterrent for other would-be criminals. There have been studies conducted to determine if the death penalty is effective in this regard. There is another point of disparity surrounding the death penalty related to the equality of its application. Are all citizens treated equal? This paper takes a closer look at the equality in the application of the death penalty and its effectiveness as a deterrent. Is the Death Penalty a Fair and Effective Deterrent in the United States? The death penalty came to the United States with the first European settlers and continued until the 1960’s. “The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore unconstitutional under the Eighth Amendment.” (Bohm, 1999) Since the 1960’s courts have been battling the issue of the death penalty. Currently there are 38 states that have provisions for the death penalty. What is the purpose of the death...
Words: 1575 - Pages: 7
...This paper synthesizes the basic facts of United Stated vs. Dube. It explains the role of lay witness testimony, and distinguishes from expert witness testimony. Moreover, it addresses potential problems with lay witness testimony. Finally, we’ll take a closer look at how it impacts final holding and its relevant significant on the case. John Doe Sr. MBA Graduate Student Trident University ABSTRACT The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter than cases today. The case of United States vs. Roland William Dube, Jr., 520 F.2d 250 (1st Cir. 1975) Defendant-Appellant, United States Court of Appeals, First Circuit Court, was argued in May 5, 1975 and decided in June 30, 1975. Dube’s appeal lasted a short 30 days, significantly shorter time than cases heard today. Defendant Dube was tried on an indictment charging him with robbery of a federally insured bank. He did not deny that he committed the robbery, but introduced the testimony of a psychiatrist and a psychologist that he was insane when he committed the offense, (OpenJurist, 1st par). In this case, according to information taken from the case files, found in OpenJurist.org, the prosecution did not present expert testimony instead relied on cross-examination and the lay witness...
Words: 792 - Pages: 4
...1. Getting started It is a matter of some interest that logic and the law should share so many of their foundational concepts – concepts such as proof, evidence, truth, inference, probability, plausibility, presumption and reasonableness – and yet should have had very little to say to one another within living memory. It is not especially surprising that logic and the law should have suffered (I use the word in its Latin sense) this alienation. With regard to its foundational concepts – for example, the concept of proof beyond a reasonable doubt, the concept of the balance of probabilities, the concept of the reasonable person – the law embeds am implied epistemology of implicity. There exists among practitioners, especially judges, the view that definitions and formalizations of such notions are both unnecessary and is liable to conceptual distortion. But definitions and formalizations are mother’s milk to logicians. Where the law favours approximation and contextually sensitive nuance, logicians thrive on exactitude and rigour. So why wouldn’t the lawyers and logicians go about their business without the regard of the one for the other? It would be wrong to leave the impression that there is no analytical exactitude in the law. It would also be a mistake to suggest that there has been no contact with the formal disciplines. Trials are often complex and judgements often embed exhaustive and detailed analyses of relevant points of law. In recent years probability theorists have...
Words: 14399 - Pages: 58
...This paper will focus on the evolution of the juvenile justice system. More specifically, how the system changed, structurally and procedurally. The paper will cover if these changes resulted in a better more efficient juvenile justice system. These changes will be explained by showing how they did or didn’t help the juvenile justice system. The last thing being discussed is whether or not the juvenile justice system still acts in the best interest of the juvenile. The paper will also discuss how the system is or isn’t acting in the best interest of the juveniles. To be able to talk about the evolution of the juvenile justice system, one must start at the beginning. The first juvenile court was created in 1899, in Cook County, Illinois (Bates...
Words: 1781 - Pages: 8
...Criminal Justice Trends evaluation Marion Wade CJA/394 Criminal Justice Trends evaluation It is important for us to understand past, current, and future trends throughout the criminal justice system. Trends allow us to identify areas that need to be addressed so we may be equipped to handle them better. Society depends of the criminal justice system in many ways to offer them a sense of justice, safety, and peace of mind. Within this paper I will discuss past, current, and future trends and how it affects and changes our criminal justice system. I will also address recent and future trends and contemporary issues that affect the criminal justice system, as well as the values of the criminal justice system in a changing society. Past Trends Even though to most it may not seem like it, the criminal justice system has come a long way in its dealings with the public. In the past the criminal justice system was viewed as a faceless machine that acted independently of the areas it charged to look after. It seemed that it was better to stay detached from the public in order to remain biased in their judgment and to keep their professional appearance. By studying past trends we not only were able to see trends in criminal behavior as well as having the ability to try and create possible projections on why it could lead but, we were also able to view the interaction between the criminal justice system and those it served. Both the criminal justice system and the general public...
Words: 1723 - Pages: 7
...Legal Aspects of Intoxication Aditya Vikram Yadav Student Chapter 1 Abstract Intoxication as defined in S. 86 has remained a convenient defence in numerous murder cases, as it allows for acquittal in case of temporary insanity due to drunkenness. Through this paper we explore the jurisprudential history and the legal aspect of intoxication and find ways to bypass the landmark judgement of Basdev v. State of PEPSU(1956), which established the doctrine of insanity based on previous English judgements. This paper seeks to find ways for the police to establish guilt in such cases. S. 86 Scope of Section – The Indian Courts attribute the same knowledge to an inebriated person as they do to when he is sober. If the man has not gone very deep in drinking, the court can gather from the facts his intention, and whether the act was intended. Therefore, in cases where intention is essential, drunkenness is a defence. This section creates an artificial rule for effect of evidence and significance of facts, and the section must be read as it is and construed strictly. No knowledge or intention further of that of a sober man can be established to an intoxicated person. Drunkenness where not available as a defence can be offered as a mitigator of sentence. The section makes clear that intoxication has no effect on a person’s knowledge, and he must be presumed to cause the consequences of his acts. The difference between S. 85 and S. 86 is essentially based on whether the drunkenness...
Words: 3419 - Pages: 14
...concern assumption is appropriate. An entity is obligated to include a disclosure in the footnotes of the financial statement stating if there is substantial doubt of the company to continue as a going concern. According to the Public Company Accounting Oversight Board, AU 341 describes the requirements for the auditor’s evaluation of an entity’s going concern. This standard states that an auditor’s responsibility is to evaluate if there is substantial doubt about an entity’s capability to carry on as a going concern for the next year. The period of substantial doubt is not to exceed twelve months. This evaluation is based upon any evidence that he or she has accumulated during the normal course of the audit. If there is substantial doubt about an entity’s ability to continue as a going concern for a reasonable period of time not to exceed one year, the auditor should review management’s plan to remedy the problems. If the substantial doubt goes unresolved, the auditor should add an explanatory paragraph to the audit report. In the event that an auditor receives a request to reissue his or her evaluation of going concern and remove the explanatory paragraph, one can refer to the PCAOB’s AU Section 9341 for the interpretations of AU 341. These inquiries usually arise when the circumstances that caused substantial doubt for the company’s ability to continue as a going concern have been solved. AU 9341 interprets Section 341 by stating that the auditor is not indebted to...
Words: 5831 - Pages: 24
...Exo-Vaticana Is Rome actually moving the religious world toward a definite revelation, a momentous disclosure concerning extraterrestrial intelligence that will impact the religion of Christianity? Cris Putnam and I fully expect a barrage of criticism from all sides from the release of our new book, Exo-Vaticana. On one hand, many who believe space aliens are visiting Earth from other galaxies are going to take offense, and, on the other hand, many skeptical Christians will charge us with sensationalism. However, we believe we have good grounds for the ideas behind this book, and if one is willing to engage in the arguments, they will stand up to scrutiny. Even so, a few caveats are in order: First: The UFO/ET subject is murky water, to say the least. But once the hoaxes, hallucinations, and nonsense are extracted, there is a genuine unexplained phenomenon. Second: We are not taking a hard line on the existence of extraterrestrial life, but we do make a case for why we are skeptical. Third: We are not generalizing that all paranormal (another vague category) phenomena are necessarily demonic, but we are basing our epistemology on the proven guide to the supernatural, the sixty-six books of the Bible. The Arrival of an Alien Savior Currently, the group of beings referred to as “aliens” are…preparing the earth for a massive…paradigm shift, while also continuing the education that they maintain is crucial if the human race is to be spared destruction. The nonhuman intelligences are...
Words: 1443 - Pages: 6
...Being a Victim of a Sexual Assault Craig Smith American Intercontinental University Online Abstract This paper will discuss a victim of a sexual assault who did not report the act to her local police department immediately after it occurred, but has now sought the advice of legal consultation to find out her rights and if she could sue the offender for damages or pursue criminal prosecution as a result of the attack. Just in case the victim was afraid to report the assault she needs to know the Rape Shield Law expressly rule out the use of evidence of a victim's past sexual history to weaken that victim's credibility. This law is intended to protect victims from invasions of their privacy, and to encourage them to come forward without having to fear that their sexual history being used against them to hinder their case in any possible way [ (LaMance, 2011) ]. Being a Victim of a Sexual Assault After researching the issue of rape and victims’ rights it appears this will be a hard case to prove in both the civil and criminal courts systems. The accusation of rape usually comes down to he said, she said testimonies and because of that rape is a very sensitive subject to be addressed [ (Hill, 2012) ]. Rape is an assault that is so easily committed and often the term is misused and abused by people who want to get back at a spouse or lover. Some people even engage in consensual sex and when things don’t turn out the way they like they claim to be raped. These...
Words: 692 - Pages: 3
...as well as other suckling mammals. This fact that cuts every corner of the globe may make it hard for one to comprehend that milk also has disease causing bacteria. Scientists however, have proven beyond any reasonable doubt that indeed such bacteria exist in milk. The list of these bacteria is endless and the diseases caused by them have had extensive effects on human body functioning. Change in milk bacteria has been found to affect the prevalence of a number of diseases. To counter this, pasteurization of milk was discovered to kill a huge number of diseases causing bacterium. However, pasteurization does not kill every bacterium (Gupta 52). Milk products such as cheese, yoghurt and butter carry the potential of having some bacterium in them. Their consumption in large numbers is relative to an increasing risk of affection. For instance, increased intake milk products correlate with but do not necessarily cause adolescent acne. At this point, it is good to note that milk has two layers one that contains fat and one that does not. The fatty layer has hormones such as progesterone and androgens that stimulate acne. Acne leads to hormonal imbalances and thus abnormal experiences in regard to menstruation (Fox 45). The number of diseases caused by bacteria is large but this paper intends to focus on female genital tuberculosis as one of them. Mycobacterium tuberculosis bacterium causes this disease. A person suffering from this disease, experiences the following symptoms; abdominal...
Words: 890 - Pages: 4
...CPA Exam Multiple-Choice Questions on Auditors’ and Accountants’ Reports 1. (N95,62) Which of the following statements is a basic element of the auditor’s standard report? a. The disclosures provide reasonable assurance that the financial statements are free of material misstatement. b. The auditor evaluated the overall internal control structure. c. An audit includes assessing significant estimates made by management. d. The financial statements are consistent with those of the prior period. 2. (N95,68) The fourth standard of reporting requires the auditor’s report to contain either an expression of opinion regarding the financial statements taken as a whole or an assertion to the effect that an opinion cannot be expressed. The objective of the fourth standard is to prevent a. An auditor from expressing different opinions on each of the basic financial statements. b. Restrictions on the scope of the audit, whether imposed by the client or by the inability to obtain evidence. c. Misinterpretations regarding the degree of responsibility the auditor is assuming. d. An auditor from reporting on one basic financial statement and not the others. 3. (N95,78) March, CPA, is engaged by Monday Corp., a client, to audit the financial statements of Wall Corp., a company that is not March’s client. Monday expects to present Wall’s audited financial statements with March’s auditor’s report to 1st Federal Bank to obtain financing in Monday’s attempt to purchase Wall. In...
Words: 9285 - Pages: 38
...ISSUES IN ACCOUNTING EDUCATION Vol. 28, No. 1 2013 pp. 77–92 American Accounting Association DOI: 10.2308/iace-50298 Going Concern Designations and GAAP versus Non-GAAP Earnings Metrics James L. Bierstaker, Thomas F. Monahan, and Michael F. Peters ABSTRACT: Many students have not spent much time studying or contemplating the importance of non-GAAP (Generally Accepted Accounting Principles) earnings to the ‘‘Street.’’ Based on the facts of an actual company and utilizing the financial information drawn from this company’s 10-K and Earnings Release, this case introduces students to the strengths and weaknesses of GAAP and non-GAAP earnings measures, and why the Street might be more interested in cash and recurring earnings in attempting to predict movements in stock price. It also provides the instructor with an opportunity to discuss the dangers of allowing firms to emphasize earnings in their press releases that are not defined by an external authoritative body (such as the Financial Accounting Standards Board [FASB]), and how this can hurt the consistency and reliability of reporting. This is an important discussion, since regulators have recently formally proposed to include non-GAAP measures in their overhaul of the auditor reporting model (Public Company Accounting Oversight Board [PCAOB] 2011). The case also familiarizes students with current auditing guidelines dealing with the going concern decision and the potential role that non-GAAP earnings can play in this decision...
Words: 6341 - Pages: 26
...Response Paper McCloskey Article Anthony Powers PHIL 201- C09 November 6, 2015 Response Paper McCloskey Article In his article, On Being an Atheist, H.J. McCloskey attempted to prove how that holding an atheistic pattern of thought was much easier than holding a theistic worldview. McCloskey even referred to theism as a “comfortless spine-chilling doctrine.” Since McCloskey stated that proofs do not hold a vital role in the belief of God. I would question what would play a role in the belief of God for McCloskey. Since he believes that theists come to the belief of God based on other reasons and factors rather than just believing in God for a basis of our religious beliefs, then where does the Christian philosopher fit in? As a theist we are to move away from the point of proving Gods existence and rather explain why we hold to the theist view. Relating to Forman’s presentation, the best explanation approach is the best possible way to combat this view that the proofs should be abandoned. Although we may not be able to fully establish the case for the existence of God, we are able to give reasons to believe in the God of the Universe. The amount of proof that is necessary for McCloskey to form a belief of atheism, should be examined because like theism, it can not be proved beyond a reasonable doubt. The explanation of the beliefs of theism is most likely the best explanation as to why a God exists. Although there is many explanations as to Gods existence, the best way...
Words: 1687 - Pages: 7
