...The United States Dual Court System and its Historical Developments The United States court system is divided between two administratively separate parts. The first was established in early colonial times. The original thirteen colonies had established their own individual court systems based off the English system (The Columbia Electronic Encyclopedia, 6th ed., 2007). According to an article “Early Development of the United States Court System US Courts in the Early Republic” written by Martin Kelly “In 1789 Article Three of the US Constitution stated that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." (Kelly, 2012) ” This article of the US Constitution created the Federal Court System. Because each of the original colonies had an established court system, the two court systems evolved separately into today’s modern dual court system (Kelly, 2012). This essay will break down the major historical events in the United States Court system to include probation, parole, and juvenile courts and how they have transformed todays United States Dual court system. In the late 19th century and early 20th century a social movement known as Progressivism had a strong hand in creating and molding the US Court systems. This movement primary goal toward the court systems was to change the thinking from retribution to rehabilitation (Net Industries, 2012). As the progressivism...
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...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified...
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...Exclusionary Rule Student’s Name Institutional Affiliation Exclusionary Rule is constructed on the state constitution of the United States, which requires that evidence or materials qualifying as such, obtained by the arresting or case officers in violation of a suspect's right of freedom from unwarranted searches and arrests are not admissible in the said suspect's case in court. That is; the exclusionary rule dismisses evidences that are obtained by abusing a delinquent's fourth amendment rights. The amendment is mandated to protect the citizens from illegal searches and arrests by law enforcing agencies. Per se, it can be regarded as the hallmark to the flourishing respects for the fourth amendment right in the United States. It is imperious to acknowledge that the rule was made in courts and not the conventional legislative protocols that involve statutes and members of the congress. It was a creation of the Supreme Court and, thus its application is confined within the jurisprudence of the legal system. The historical development of the exclusionary rule dates back to the 1990s. Whilst the development of the rule itself is uniquely American portent, the principle it protects and the justifications for its existence links to the vey origin of western civilization. To effusively grasp the advent of the exclusionary rule as promulgated in Boyd v. United States, it is critical to identify the theoretical foundations of law developed in Britain and America. Principally, two...
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...Describe the American experience with crime during the last half century. What noteworthy criminal incidents or activities can you identify during that time, and what social and economic conditions might have produced them? The American experience with crime during the last half century has been especially influential in shaping the criminal justice system of today. Although crime waves have come and gone, some events during the past century stand out as especially significant, including a spurt of widespread organized criminal activity associated with the Prohibition years of the early twentieth century; the substantial increase in “traditional” crimes during the 1960s and 1970s; the threat to the American way of life represented by illicit drugs around the same time; and the terrorist attacks of September 11, 2001 (Dworkin, 2005)., The American experience with crime during the last half century has been the main reason for the way our courts, law enforcement, and the criminal justice system operates the way that it does today. There have been many crime waves and other events that have played a key role in shaping the system as it is today. Some of...
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...Summary: How major historical events and scientific advances compare to psychological theories Attempting to seamlessly align history and science, and their growths, to personality theory development is a challenging task. Many psychological theories were developed by and for individuals, while major historical events that took place involved large groups, nations and regions, and perhaps esteemed individuals were given certain recognitions. History and psychology are social topics, yet, history and scientific advances are based in factual events and include nations and regions, while psychology serves as scientific explanations of possible human behavior (historically, individual behavior). It is difficult, however, to attempt this alignment between greater historical events and scientific advancements without taking into account the social systems and reflected cultures that were dominant and prominent during particular times in history, particularly the 19th and 20th...
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...The electoral system in United Kingdom The electoral system in United Kingdom After the examination of Canadian national institution, it has been nominated that a few reforms are intensely needed in the Canadian institutions for the due management of the regional and the inter-governmental issues (Loiacono, 2010). The three suggested reforms are the reforms in the Supreme Courts, the reforms in the senate, the reforms in the House of Commons Supreme Court The need for the reform is elevated by considering the fact that is it logical to consider Supreme Court as a general court of appeal and are their any specialized needs of constitutional tribunals. The scope of judicial proceedings and judgments needs to be institutionalized in the context. Quebec is indeed the province that responds assertively to the importance of a pure judiciary. Quebec highlights that the existing Supreme Courts are totally appointed in the conformance of federal executives, and it does not differentiate the difference between civil law and the British common law. Additionally the decisions of the Supreme Court are confirmed to be biased against the Quebecers. The debate since 1950s still needs a re-modification in the form of a pure Canadian Supreme Court, where the law holds every Canadian equal in the court of law (Sherman, 1999, p. 68). Senate The second modification proposed is the modification in the senate. The Canadian federation has long been considered to seek the reform in the...
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...School of law, Christ university | Sedition: Analysis of Section 124A of the Indian Penal Code,1860 | Criminal Law-I CIA-III | | Rajeev Rambhatla | 1016272 | [Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] | TABLE OF CONTENTS 1.TABLE OF CONTENTS……………………………………………………………………… 1. 2. TABLES OF CASES AND STATUTES………………………………………… 2. 3. INTRODUCTION…………………………………………………………………………………… 3. 4. RESEARCH METHODOLOGY……………………………………………………………… 5. 5. MEANING AND INTERPRETATION OF SECTION 124A THE LAW OF SEDITION IN INDIA BEFORE 1947………………… 7. 6. MEANING AND INTERPRETATION OF S. 124A AFTER INDEPENDENCE……………………………………………………………………… 12. 7. LAWS OF SEDITION IN INDIA, ENGLAND, AND THE UNITED STATES OF AMERICA – A COMPARATIVE STUDY…… 14. 8. CONCLUSION……………………………………………………………………………………………20. 9. BIBLIOGRAPHY ……………………………………………………………………………………………22. INTRODUCTION “It is enough to say that in this country and in this generation the time for prosecuting political libels has passed, and does not seem likely to return within any definable time” - Stephen, History of Criminal Law[1] This statement was made in the context of the United Kingdom by a well-known author on criminal law. More than 50 years after independence, it may well be said that the ‘time for prosecuting political libel’ has passed...
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...the source, describe three sources of the Uk constitution (5 marks) The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed. In the source it states a few examples that the constitution has built on, but here is three: The constitution has built on Common Law, historical documents and European legislation. b) With reference to the source, and your own knowledge, explain the arguments in favour of a codified constitution for the UK. (10 marks) One argument that is brought up in favour of a codified constitution for the UK is that the constitution is not set out clearly in any document, there is not the same system as in the USA that has a document that clearly sets out what the constitution contains or states what citizens’ rights and freedoms are. As the source says, the Justice Secretary Jack straw said “Most people might struggle to put their finger on where their rights are.” Jack Straw also argued that having a codified constitution would ‘bring us in line with the most progressive democracies around the world.” It would also correct the imbalances in the current political system, for example, the second chamber and considering what the constitutional status the House of Lords holds. Limits executive dominance, It would take some of the Governments power away and would decrease the chance of government dictatorship as the public would see what in fact there allowed to do and how much power they have...
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...government, the direct imperial rule. This period marked by imperial restoration was called “Kenmu Restoration” and lasted until 1336. As competition for power and land rose, the government was unable to stabilize the country. Two key figures Nitta Yoshida and Ashikaga Takauji were the faces to the struggle for power. Since they could not reach consensus Japan was split in two and the “War Between the Northern (Kyoto) and the Southern (Yoshino) Court,” began. Chikafusa did not play a major role in the Kenmu Restoration but did rally for support for the Southern Court among the eastern warriors. Coming from a high-ranking noble family and prominent minister at court, Chikafusa wrote was the author of Jinnō Shōtōki. This work, also known as “Chronicle of the Legitimate Succession of Divines Sovereigns,” was written in 1339 in an attempt to attract support from eastern warriors. This work was both for historical and political purposes. Many historians believe that this work was an effort to argue the legitimacy of the Southern Court. The text “Fujiwara and Murakami Genji as Assistants to Emperors” can be found in the Jinnō Shōtōki and Chikafusa talks about the rise of the Fujiwara house...
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...harmonious. This paper will discuss the issue from both perspectives. Historical Aspect When considering American history, governments treated parental rights as a private matter that deserved interference only under special circumstances. Guidance often came from the Bible, and encouraged conduct that, in modern times, is subject to continued debate. The Book of Proverbs, as well as other writings within the Bible, provides one with substantial documentation of establishing and promoting parental rights, particularly when addressing the concept of corporal punishment. Proverbs 13:24 writes, “He that spares his rod hates his son: but he that loves him chastens him betimes” (Biblos.com, 2004, Proverbs 13:24). Proverbs 19:18 writes, “Discipline your son while there is hope, and do not desire his death” (Biblos.com, Proverbs 19:18). Proverbs 23:13-14 writes, “Withhold not correction from the child: for if you beat him with the rod, he shall not die. You shall beat him with the rod, and shall deliver his soul from hell” (Biblos.com, Proverbs 23:13-14). Proverbs 29:15 writes, “The rod and reproof give wisdom, but a child who gets his own way brings shame to his mother” Biblos.com, Proverbs 29:15). These examples are but a few of many Biblical references regarding corporal punishment. Since one can easily argue the historical significance the Bible played in western cultural development, one can also argue the significance of familial interaction at such...
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...DBQ: Nationalism & Sectionalism By John A. Braithwaite DIRECTIONS: The following DBQ is based upon the accompanying documents and your knowledge of the time period involved. This question tests your ability to work with historical documents. Your answer should be derived mainly from the documents, however, you may refer to historical facts, materials, and developments NOT mentioned in the documents. You should assess the reliability of the documents as historical sources where relevant to your answer. Check your school and community libraries for materials and also, surf the internet to help you find relevant outside information. QUESTION FOR ANALYSIS: In the period from 1815 to 1858, two giant forces—nationalism and sectionalism--ostensibly in opposition to each other—prevailed simultaneously in the first half of 19th century America. Describe these two forces and discuss the geographic, political, constitutional, economic, and diplomatic contrasts of both forces. PROMPT: Formulate a thesis statement Use documents as well as your own outside knowledge of the period. Deal evenly with all aspects of the questions Be sure to cover the time period given • Assess the validity of the documents • Draw effective and specific conclusions whenever possible TEXTBOOK RECOMMENDATIONS Gillon & Matson The American Experiment Boydston & McGerr Making A Nation Murrin, et.al Liberty, Equality, Power Norton...
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...Tables of contents 1. Introduction …………………………………………………… 2 2. Historical factors ……………………………………………… 3 3. International Dispute …………………………………………. 4 4. The Dispute Settlement Understanding ……………………... 7 5. Main types of international court ……………………………. 10 6. World Trade Organization ….……………………………….. 13 7. Examples - Settlement of international Commercial disputes ………………………………………….. 16 8. Conclusion …………………………………………………….. 18 9. References …………………………………………………….. 19 Introduction: There are various types of disputes. The appropriate way of resolving most disputes is by adjudication. In the event of such cases, the most important question would be whether litigation or arbitration is the appropriate procedure and if the issues for adjudication can be clarified or narrowed in any useful way. Negotiation or mediation can be used for the solution of other disputes. The assistance and dynamism of a neutral third party who may introduce carefully devised procedures for examining and where appropriate perhaps evaluating the issues, for exploring interests, concerns and options, for dealing effectively with emotional and hidden factors, and for generally assisting the parties towards settlement, may well facilitate and expedite resolution. In finding a solution for dispute, the nature and implications of the disputes have to be properly understood. Many commercial and investment disputes are entirely appropriate to be resolved by...
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...Central Ohio Technical College Institute for Public Safety Law Enforcement Technology Autumn Semester, 2013 August 21 through December 11, 2013 Class Syllabus Course Title: Introduction to Criminal Justice Course Number: LET-100 Instructor: Bob Cromwell, MS BBA C: (740)258-0800 Office hours by appointment only. email: rcromwel@cotc.edu Required Materials: Textbook(s): Frank Schmalleger. (2014) Criminal justice: a brief introduction (10th edition). NJ: Pearson Education. ISBN: 978-0-13-300979-8 Packets: Not required Supplies: Any materials students may need to record information in face to face classroom setting AND access to internet for research projects. Additional Materials: None. Closed Reserve: None. ITS Resources: http://www.cotc.edu/faculty-and-staff/it-support/Pages/index.aspx Student Services: http://www.cotc.edu/student-life/Pages/default.aspx Library: http://www.cotc.edu/libraries/Pages/default.aspx College-Wide Policies: 1. Assessment -- As part of COTC’s campus-wide assessment initiatives (quality assurance program), samples of student performance such as test results, projects, papers, etc. may be used. The data gathered will not identify individual students and are not related to the student’s grade for the course, but will be used to improve student learning at COTC. 2. Disability -- Any student who...
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...middle ages had on civilization. The studies of humanities allow us to see the sights in which the changing concepts of temperament and the entity fluctuate in each chronological period and help us differentiate the significant developments of each era. In the humanistic Tradition book, there was a distinctive chapter provided on the middle Ages. Evaluation of the precise mechanisms of the Middle Ages permits us to portray our observations of the modifications that occur and assists to give details how and why the perceptions developed the way they did. After examining several research methods we were able to discover some attention-grabbing results and come up with some stimulating conclusions. The Early Middle Ages In order to speak on Humanities, there must be a clear view on what the meaning of it is. Humanities are a clear investigation of human beings and how they act. This includes their self expression and their culture. The purpose of this paper is to explain how humanities replicate changing concepts of life and individuals in diverse historical periods. In today's civilization human beings are ignorant to the past history of our people. Our ancestors have contributed too many areas that we participate in frequently. The result of researching humanities provides us with a better understanding of where individuals have been and where it is important to go. By basing our future off past history allows us to work towards improvements that will produce positive results...
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...Movers And Shakers In Education There are individuals and happenings both in the near and far past that have molded the current tutoring system. The arrangement has had conversions in an endeavor towards the finest condition. The individuals made imperative steps in this effort. The events had both unwanted and desirable consequences on education. To have an enhanced perspective on the arrangement, one has to assess the milestones that have in wholesome totaled up to the current outlook of the education scheme. This essay will describe some of the undertakings and individuals who instigated the milestones that have had a noteworthy bearing on US education system. The Meriam Report The report was emanated in 1928, and it gave insight into the devastating existence circumstances of Natives during that period. Most importantly the educational challenges facing the group were addressed, and it was starting point for the matters related to learning for the community to be prioritized (Webb et al., 2010). Besides schooling, the said report also gathered information on other aspects of the health of the Indians, family and community life, legal issues, missionary activities among Indians and the economic facet. It gave insight into all aspects of their life, and it’s the reports’ recommendations that instigated educational transformations for them as well as other beneficial policies for the community. The effect therefore of the report was the furtherance of educational contexts...
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