...College Writing April 29, 2010 April 29 John Humphreys, MBA Disposable Children The legislation in California and 39 other states currently allows adult sentencing for children as young as 10, opening the door for some youth offenders to face life in prison without the possibility of parole. The concern of a 10 to 17-year-old juvenile, treated as an adult in court, has provoked considerable debates. Research suggests that the human brain does not reach the final stages of development until age 23, strongly suggesting that a minor does not have the capacity to manage emotions or impulse control in stressful situations. Amending legislation to give juvenile offenders the opportunity to rehabilitate, would not only address public safety, but would also give juvenile offenders the chance to become positive and productive citizens. Life without the Possibility of Parole Imagine sentencing a 10-year-old fifth grader to spend the rest of his or her life in prison. The only civilized country in the world, which does this, is the United States. Legislators have created a blanket of harsh sentencing in response to the public’s outcry to offenses committed by juveniles, such as in the Columbine tragedy. Although, no one can condone the devastating loss at Columbine, all juveniles should not be thrown under the same blanket, but reviewed and treated individually. Currently 11 states prohibit this sentence, which includes New Mexico and Oregon. Many other states are...
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...Abstract The aim of this dissertation, which is based on secondary research involving analysing a range of books, journal articles, Government publications, newspaper articles and videos, is to critically examine the position of the victim in the criminal justice system. The paper looks at the role of political interests in establishing victimfocus policies and the direction towards their placement at the heart of the justice system. This includes the managerialistic values, modernization of the Government and covering-up of punitive measures taken against the offender that all point to the political rhetoric around the centeredness of the victim. Furthermore, the view of traditional justice is accounted for in order to get a grasp of the many underlying factors that can be attributed to the so called rebirth and the consequent concentration on the victim. The paper firstly discusses characteristics of victims, the impact of crime on victims and also their needs for a better understanding of who they are and what can be done to help them. Particular attention is drawn to stereotypes associated with victims and constructions of the ideal victim. Secondly, the adversarial nature of English justice and implications for victims are discussed, as well as some tensions between the interests of the offender and the victim, and the opposed nature of the two. Procedural and service rights especially play an important role in defining whether victims are given appropriate...
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...a society’s soul than the way in which it treats its children.” - Nelson Mandela. The twin concepts of "juvenile delinquency" and "juvenile justice" have gone through a constant process of evolution and refinement. Ever since the 1920s, when as a sequel to the Indian Jail Committee (1919-20) recommendations, comprehensive Children Acts were first enacted in the Provinces of Madras (1920), Bengal (1922) and Bombay (1924) till the passing of the Juvenile Justice Act, 1986,1 the advances have been dynamic. These changes were partly due to litigation by public interest groups contesting the status of juveniles in Indian jails, Supreme Court rulings, and the adoption of UN General Assembly of the Beijing Rules in 1985. Even after a decade of passing the JJA, most of the states had failed to establish separate juvenile courts, welfare boards or special homes for delinquents. These measures haven’t successfully crossed the realms of justice into welfare. The reformation and rehabilitation measures by the government and contribution made by social organisations are being discussed in the following pages. 1.2. Scope This project is aimed to find out the lacunae in the Juvenile justice system of our country and the inadequacies in the reformation and rehabilitation of delinquent. To find out the practical realities of the juvenile justice system in India, we circulated a questionnaire among managerial students. This exercise enabled us to...
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...Crime and Punishment: A Dissection of its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime is one of the thorny intellectual problems of law. Russell also admitted that ‘to define crime is a task which so far has not been satisfactorily accomplished by any writer’ Personal safety, particularly security of life, liberty and property, is of utmost importance to any individual. Man realized this when he started living in a community. He realized that he had certain rights. Rights are essentially conditions for self-development. At the same time he understood that he was also obligated to behave in the same manner in which he expected his neighbour to behave. This was the crux of the social contract which man entered into with his fellow beings. The social contract allowed men to live together in a community and leave behind the “nasty, short and brutish” life he led hitherto. The social contract paved way for the State to come into force and start making laws for everyone. Naturally, the rational and selfish nature of man would make him look out for his best interests and...
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...AN INTRODUCTION TO INTERNATIONAL LAW "The case against historical objectivity is like the case against international law, that it does not exist" (Sir Isaiah Berlin) International law exists, although it is true it suffers from serious problems relating to foundational concepts of justice and reciprocity and is the subject of unfortunate neglect by scholars. The ALE (American Law Institute) defines international law as "law that deals with the conduct of states and of international organizations and with their relations inter se [among themselves], as well as some of their relations with persons, whether natural or juridical" (Buergenthal & Murphy 2002). More elegant definitions can be found, such as the common one where it can be described as "law that deals with the relationships between states, or between persons or entities in different states." Even simpler definitions can be found reducing it to "laws governing relations between nations." There's an unfortunate tendency for the simplest of definitions to focus only on nation-states, as if nation-state relationships were the only thing that mattered, but the fact is that any entity (even a corporation or a person) which possesses "international personality" is subject to international law. This is important because without including international organizations or personalities, there would be no basis for international trade law, international humanitarian law, or international human rights law. If one's purpose...
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...Final Report Jan Berry Reducing Bureaucracy in Policing Advocate October 2010 Contents Executive Summary 1 Risk (Good Decision Making) 7 Governance Accountability & Performance 10 Continuous Improvement 15 Criminal Justice System 17 Key Processes 24 Technology 29 Reducing Bureaucracy Practitioners Group 31 Executive Summary Introduction Sir Ronnie Flanagan likened bureaucracy to cholesterol; there is both good and bad. The police service is accountable and records need to be kept. Some bureaucracy, enough to run an efficient and effective police service is necessary, but extra layers of bureaucracy have been created to meet the demands of scrutiny and quality assurance, in times when budgets are being cut, the question needs to be asked, what is affordable? Where the requirement to record becomes more important than the quality of the investigation, the balance is wrong. And when quality assurance is more about complying with a set of rigid rules than achieving a successful outcome the balance is also wrong. The checks should not outweigh the balances. Recognition of the negative impact excessive bureaucracy creates has long been understood. Previous Chief Inspectors of Constabulary, Sir David O'Dowd and Sir Ronnie Flanagan both made a series of recommendations aimed at reducing unnecessary bureaucracy and prepared costed business plans for change. The reports received considerable support across policing...
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...The Truth and Reconciliation Commission (TRC) was a court-like body assembled in South Africa after the end of Apartheid. Anybody who felt they had been a victim of violence could come forward and be heard at the TRC. Perpetrators of violence could also give testimony and request amnesty from prosecution. The hearings made international news and many sessions were broadcast on national television. The TRC was a crucial component of the transition to full and free democracy in South Africa and, despite some flaws, is generally regarded as very successful. Creation and Mandate The TRC was set up in terms of the Promotion of National Unity and Reconciliation Act , No 34 of 1995, and was based in Cape Town. The mandate of the commission was to bear witness to, record and in some cases grant amnesty to the perpetrators of crimes relating to human rights violations, reparation and rehabilitation. The TRC has a number of high profile members: Archbishop Desmond Tutu (chairperson), Dr Alex Boraine (Deputy Chairperson), Mary Burton, Advocate Chris de Jager, Bongani Finca, Sisi Khampepe, Richard Lyster, Wynand Malan, Reverend Khoza Mgojo, Hlengiwe Mkhize, Dumisa Ntsebeza (head of the Investigative Unit), Wendy Orr, Advocate Denzil Potgieter, Mapule Ramashala, Dr Faizel Randera, Yasmin Sooka and Glenda Wildschut. Eunice Miya being comforted at the TRC hearings. (Photo: Iris Films) Committees The work of the TRC was accomplished through three committees: Human Rights Violations (HRV)...
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...! • • • • • • • Principles of the Australian Parliamentary System Government)–!The!government!is!the!party!or!coalition!of!parties!that!wins!the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...New Zealand Context 3 21 Part Two: Communitarian Responses to Liberalism Introduction to Part Two 61 3 Civic Republicanism: Michael Sandel 63 4 The Politics of Recognition: Charles Taylor 83 Part Three: Multiculturalism Introduction to Part Three 105 5 Multicultural Citizenship: Will Kymlicka 107 6 Common Citizenship in a Multicultural Society: Bhikhu Parekh 151 Part Four: Critical Responses to Multiculturalism Introduction to Part Four 187 7 A Politics of Difference: Iris Marion Young 189 8 Against White Paranoid Nationalism: Ghassan Hage 223 9 Egalitarian Liberalism: Brian Barry 243 Part Five: Concluding Reflections 10 Diversity, Democracy, Justice 271 Afterword 306 References 307 Index of Names 335 iii Tables 1 Levy’s typology...
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...No Peace WiThouT Justice Closing the gap The role of non-judicial mechanisms in addressing impunity Closing the gap The role of non-judicial mechanisms in addressing impunity No Peace WiThouT Justice No Peace Without Justice Copyright 2010 © No Peace Without Justice Via di Torre Argentina 76, I-00186, Roma, Italy www.npwj.org Permission to reproduce and distribute this document is hereby granted provided that this notice is retained on all copies, that copies are not altered and that No Peace Without Justice is credited. This publication is also available at www.npwj.org. No Peace Without Justice is an international non-profit organisation founded by Emma Bonino and born of a 1993 campaign of the Transnational Radical Party that works for the protection and promotion of human rights, democracy, the rule of law and international justice. NPWJ undertakes its work within three main thematic programs: International Criminal Justice; Female Genital Mutilation; and Middle East and North Africa Democracy, including specific work on Iraq. NPWJ is a Member of the TRP Senate, a Member of the Steering Committee of the NGO Coalition for the International Criminal Court and the Italian civil society partner in the Democracy Assistance Dialogue. This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of No Peace Without Justice and can in no way be taken to reflect the views of the European...
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...smoking carriage, Mr. Justice Wargrave, lately retired from the bench, puffed at a cigar and ran an interested eye through the political news in the Times. He laid the paper down and glanced out of the window. They were running now through Somerset. He glanced at his watch-another two hours to go. He went over in his mind all that had appeared in the papers about Indian Island. There had been its original purchase by an American millionaire who was crazy about yachting-and an account of the luxurious modern house he had built on this little island off the Devon coast. The unfortunate fact that the new third wife of the American millionaire was a bad sailor had led to the subsequent putting up of the house and island for sale. Various glowing advertisements of it had appeared in the papers. Then came the first bald statement that it had been bought-by a Mr. Owen. After that the rurnours of the gossip writers had started. Indian Island had really been bought by Miss Gabrielle Turl, the Hollywood film star! She wanted to spend some months there free from all publicity! Busy Bee had hinted delicately that it was to be an abode for Royalty??! Mr. Merryweather had had it whispered to him that it had been bought for a honeymoon-Young Lord L-- had surrendered to Cupid at last! Jonas knew for a fact that it had been purchased by the Admiralty with a view to carrying out some very hush hush experiments! Definitely, Indian Island was news! From his pocket Mr. Justice Wargrave drew out a letter...
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...This page intentionally left blank An Introduction to Islamic Law The study of Islamic law can be a forbidding prospect for those entering the field for the first time. Wael Hallaq, a leading scholar and practitioner of Islamic law, guides students through the intricacies of the subject in this absorbing introduction. The first half of the book is devoted to a discussion of Islamic law in its pre-modern natural habitat. The author expounds on the roles of jurists, who reasoned about the law, and of judges and others who administered justice; on how different legal schools came to be established, and on how a moral law functioned in early Muslim society generally. The second part explains how the law was transformed and ultimately dismantled during the colonial period. As the author demonstrates, this rupture necessitated its reinvention in the twentiethcentury world of nation-states. In the final chapters, the author charts recent developments and the struggles of the Islamists to negotiate changes which have seen the law emerge as a primarily textual entity focused on fixed punishments and ritual requirements. The book, which includes a chronology, a glossary of key terms and lists for further reading, will be the first stop for those who wish to understand the fundamentals of Islamic law, its practices and its history. w a e l b . h a l l a q is James McGill Professor in Islamic Law in the Institute of Islamic Studies at McGill University. He is a worldrenowned...
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...ISSN: 1818-9687 5. Revisiting the debate on the Africanisation of higher education: An appeal for a conceptual shift TEBELLO LETSEKHA 44. 19. Improving schools: The importance of culture JACKY LUMBY Mentorship challenges in the teaching practice of distance learning students 54. 71. A managerial perspective of the role of secondary school learners in the development and implementation of a code of conduct Adolescents' gender stereotypes, differences and other aspects of behaviour in the Eastern Cape Province, South Africa C.F. STEINMANN TUNTUFYE MWAMWENDA VOLUME 8 / 2013 29. ELIZE DU PLESSIS Practitioners’ Corner Good policy, bad results: An investigation into the implementation of a plagiarism policy in a faculty at a South African university ESRINA MAGAISA THE INDEPENDENT Formerly The Journal of Independent Teaching and Learning The Independent Journal of Teaching and Learning The Independent Journal of Teaching and Learning is a peer-reviewed journal, which focuses on making a difference to educators at the primary, secondary and tertiary levels. It publishes original contributions of interest to researchers and practitioners in the field of education. The following types of contribution will be considered for publication: • research-based empirical, reflective or synoptic articles that would be of interest to the educational practitioner • review articles that critically examine research carried...
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...the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | Collapse All | Show Options | sort by: response | author | date | read | unread ------------------------------------------------- Top of FormBottom of Form | | Responses | Author | Date & Time | | Dwight Elliott | 9 Apr 11 10:37 PM MST | | Professor Introduction: Chapter 1: Introduction to Law & Legal Reasoning (PLEASE READ) The first section in Unit 1...
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