...of each states rights under the 10th Amendment of the Constitution. Although many states have legalized marijuana for medical and recreational usage it is still against federal laws. The nation’s capital and eighteen states have legalized medical marijuana use and two states have legalized recreational use. Widespread acceptance in favor of legalization is rapidly spreading. This paper will discuss three different scenarios where marijuana usage in states and the federal government’s stance are in conflict, through the lens of retributive, commutative and distributive justice. The first scenario that will be analyzed is a person who lives in a state that legalized medical marijuana growth, distribution and use in small quantities. To shed some light on this scenario a real world scenario will be described and analyzed. In March of 2015 a family in Washington State went on trial after being arrested by the DEA for the growth distribution and use of marijuana. The family argued that they were using the marijuana within the confines of legalized standards for an elderly man who was cancer stricken and his wife who had arthritis (Hughes, 2015). The federal government on the other hand argued the family were part of a drug trafficking ring. The family had 68 plants on Mr. Kettle’s property where Washington’s laws mandates that no one individual can have more than 15 plants or no more than 45 plants for group growers (Hughes, 2015). Under retributive justice which focus on the punishment...
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...The Criminal Justice system contains and is built around many laws and concepts which either help better the system or hinder it. Out of all of them, I believe the most important concept of all is due process. The least complex way of describing due process would be to simply call it “procedural fairness”. However, in the textbook it is defined as what “ the U.S. Constitution requires that criminal justice case processing be conducted with fairness equity.” The 5th, 6th, and 14th Amendments of the U.S. Constitution all guarantee this right. Without due process criminal justice would be incomparable with the amount of “justice” actually being brought from the system to our communities. One of our individual rights warranted to us by the...
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...What Justice Means to Me Many words and phrases are used to describe the meaning of justice but everyone has a different definition to describe justice. Moral character, environmental factors, social issues, and many other factors can determine the meaning of justice for each individual. Justice, to me, means that fair and equal treatment for an individual's actions will be evaluated according to the rights set forth in the United States Constitution, previous court cases, and standards commonly known in society no matter an individual's ethnic or moral characteristics. Laws and bills are passed in accordance with the Constitution to be used to benefit society and the citizens of the United States. Every individual has a meaning for justice and what they hold to be true or acceptable behavior in society. According to one definition explaining the meaning of justice is described by The FreeDictionary (2008) in the following quote, "The upholding of what is just, especially fair treatment and due reward in accordance with honor, standards, or law." This meaning could be interpreted in many ways and used in different situations. I found, in previous courses in my associate degree program, that justice can be divided into different categories such as virtue, honor, morality, and ethical thinking. From combining the definition of virtue as stated by Merriam-Webster Online Dictionary (2008) and ideals of justice I have come up with the following statement: The belief of virtue...
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...Tennessee v. Garner, (1985) is a landmark Supreme Court case that required the court to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspect. During this time the officer in question was acting under the authority of a Tennessee statue and Police Department policy. The statue stated, “[i]f, after notice of the intention to arrest the defendant, he either flee or forcibly resist, the officer may use all the necessary means to effect the arrest.” The department policy allows the use of deadly force in the case of burglary, but is more restrictive than the statue. This case never saw action after the incident until the suspect’s father brought the issue to the Federal District Court...
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...Nirma University Institute of Law V Semester B.A.L.L.B. (Hons.)Course Article Writing Submission In Constitutional Law - II on the topic ------------------------------------------------- Appointment of Judges in Higher Judiciary: A Step Towards Landmark Or Marked Land As a part of Project Work For the academic year 2013- 2014 Prepared & Submitted by: Submitted To : Ashish Somani Asst. Professor 12BAL051 Ms. Alunkrita Tripathi ‘A’ section Appointment of Judges in Higher Judiciary: A Step Towards Landmark Or Marked Land ABSTRACT In India, the judiciary is regarded as the most efficient organ of the government from the legislation, executive and the judiciary which stands at par in their powers deriving from the constitution of India. As said by Shri D.D. Basu, a renowned jurist in India, there should be a check and balance system between the organs of the government but it should not encroach upon the ancillary functions. In the six decades of India being a republic this check and balance system, especially in the judicial appointments in the higher judiciary India has witnessed certain topsy- turvy situation. From the inception of the constitution the appointments of the higher judiciary...
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...Introduction 2 Background of the case 2 Preliminary questions 2 Judgment of the European Court of Justice 3 Order 5 Summary 6 Bibliography 6 Introduction European Union law implements the provisions of EU treaties and initiatives. It establishes a series of rights and demands that are recognized by EU member states' national judiciaries. EU law is governed by the European Court of Justice (ECJ), which has a unique role in developing a European identity and influencing national governments. The ECJ was originally set up under the Treaty of Paris (1951) and its competences have gradually expanded under the Treaties of Rome (1957), Maastricht (1992), Amsterdam (1997), Nice (2001) and Lisbon (2007). Legal precedents established by the ECJ have played a large role in shaping the development of EU law. The case of Costa vs. ENEL in 1964 for example ruled that in the case of a clash between EU and national law, EU law is the higher authority, thus establishing the supremacy of the ECJ. So now I am going to describe the details of this case. Background of the case M. F. Costa, a lawyer practicing in Milan claimed that he is not under an obligation to pay the amount of an invoice (1,925 Italian lire) which was demanded from him in respect of the supply of electricity by the ENTE NAZIONALE PER L’ENERGIA ELETTRICA (ENEL). He objected to do this payment before a Justice of the Peace (who was competent in first and last resort by virtue of the amount involved) claiming that...
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...former judges and Director, RAW-and rechristened it as SIT. Even now the investigation will be done by the police, but what is unprecedented is that the SIT will report to a former judge. Under the Cr. Pc., the court cannot take over investigation though it can appoint any one to investigate impartially to its satisfaction. In another case, Nandini Sundar- vs- Chhattisgarh, the apex court declared the appointment of special police officers (SPO) under the policy of arming of a civilian vigilante group, the Salwa Judum. In both these cases, the court has lambasted the neo-liberal economic policy of the government and held it responsible for the growth of black money and invidious inequality which has led to the menace of Naxalism. Both judgments are replete with condemnation of the state’s “amoral” economic policies in florid language. The question is: Are judges competent to do it? Chief Justice of India S. H. Kapadia, while delivering the Motilal Setalvad Memorial Lecture, diagnosed the disease properly and cautioned his colleagues against breaching the doctrine of separation of powers: “We do not have the competence to make policy choices and run the administration…Under the doctrine of separation of powers, each of the above organs must stay within the powers allocated by the constitution.” Justice Kapadia rightly raised the issue of accountability. If one examines all the above cases it is pretty clear that judicial activism is against the legislative hegemony but the question...
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...used within the criminal justice system. The process that is used to apply justice is determined for the most part by punishment philosophies. These philosophies are used to express a variety of different concerns and arguments regarding the use of appropriate sentencing and treatment. Rehabilitation is a philosophy that predominantly rues the juvenile justice court system, but do not carry as much weight and is widely scrutinized within the adult courts sector. Rehabilitation may be scrutinized in the juvenile justice court system when the criminal behavior of the juvenile continues to escalate, but when rehabilitation is successful then it can be both beneficial for the criminal and society. When the appeals process is exercised it provides the fair practice of law, ensures those at trial the rights of due process, and gives clarity and provides full understanding of justice and the law. Punishment and Sentencing Philosophies In any nation that strives for great democracy, the major concern is the guaranteed universality of justice. For the US this is an ongoing process that is pursued largely in the court systems on an ongoing basis. Many criminalists state that if it the general basis for an action to constitute a crime really lies within the willful and the unsanctioned dispossession of another’s life, liberty, or property, then the punitive power of the state to deprive the same guaranteed rights, in the name of justice, must be enacted with the...
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...Does the capitalist free enterprise system improve justice in society? In what way does it do so? In what ways does it not? Explain and defend your overall conclusion? “Capitalism can be defined ideally as an economic system in which the major portion of production and distribution is in private hands, operating under what is termed a profit or market system (Shaw, Barry, & Sansbury, 2009, p.127).” Over the many centuries, capitalism has evolved from the emergence of capitalism during fifteenth and sixteenth centuries, mercantile capitalism, financial capitalism with the increased industrialisation and the intensified competition, to today’s globalised capitalism. Although, the names used to describe capitalism have been changed over the time, the dynamic nature of laissez-faire (to let people do as they choose) (Shaw et al., pp.131) in capitalism has never been changed. We have to admit that the free enterprise system has created the greatest productive power in all of our history and become the most influential socioeconomic system in the world. It is important that we understand the characters of the capitalist free enterprise system and how does this system work for our economy and society. Therefore, we are able to judge whether the capitalist free enterprise system improves justice in our society based on the moral principles. In the following paragraphs, it lists out important features within the capitalist free enterprise system and analyzes its strengths and...
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...POLITICAL JUSTICE, AND DEMOCRACY: Understanding Plato's Criticism Fall 2015 Mahlou Ryme Dr. Jacques Carlos Flores Philosophical Thought School of Humanities and Social Sciences Al Akhawayn University in Ifrane Essay Question 3: ------------------------------------------------- Plato’s defines political justice as each social class doing what it is supposed to do according to its nature and function within society. This definition then serves as the basis for his criticism of democracy. Critically evaluate Plato’s criticism of democracy. Throughout the course of history, every nation has struggled at some point in choosing the correct form of government that is most adequate to its functioning. Depending on many variables such as human and natural resources, geography, and diplomacy, each state has selected a political system that ranges from totalitarian regimes to mass democracies. Centuries before that, philosophers were debating about the significance of each form of government. Although modern political studies assert that democracy is the best form of government as it gives the power to people, some historic thinkers had their criticisms about the democratic approach and its incompatibility with the factual meaning of political justice. Plato was one of the most pivotal figures of philosophical thoughts that still have an impact on modern thinking. He was one of the philosophers who criticized the pure democracy pledging that it is governed by mass...
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...Presumed Innocent a 1990 legal drama film, like many movies portraying the law system did not accurately portray the law system especially under the premises of justice. Justice is defined as fairness in treatment of law. In many ways justice can be viewed differently by different people, and this is why this movie in terms of justice did deliver in some aspects. Justice many times is simply winning, disregarding the legality of the situation. For the audience, Mr.Sabich as the protagonist is viewed to have obtained justice since he was not proven to be guilty. There are many other situations within the film in which the movie portrays to be just is in reality not legal. The notion of justice in this movie is the notion of winning not really...
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...Justice is neither automatic nor inevitable; the attainment of justice typically entails the sacrifice and suffering of those attempting to achieve it. In essence justice is an ideal, which the majority of individuals universally attempt to realize or uphold, however due to the avarice or agendas, which serve the interests of minorities, this ideal is sometimes subverted. Those performing the miscarriage of justice can become unscrupulous in their methods of maintaining this standard of injustice in efforts of self-preservation. This often results in the suffering of those carrying out their quest for justice. This idea, and the concept that the miscarriage of justice can have long lasting and far reaching effects which can never be fully redressed are thoroughly explored in both the film The Constant Gardener and Ian McEwan’s Atonement, through a range of literary devices and film techniques we can fully understand the impacts of miscarriage of justice. When those that are intent on preventing the course of justice to further themselves, whether financially or otherwise, they may become unrestrained by moral boundaries, which may allow them the mental capability to disregard the wellbeing of other humans. This disregard for welfare of such a vast number of individuals is explored through both texts allowing us to see the way in which the attainment of justice goes hand in hand with human suffering and sacrifice, as those that are determined to subvert justice can be unscrupulous...
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...Philosophical Essay (tolerance and Justice) William Touvell Ohio Christian University Ph2000 Introduction to Philosophy Van Kuiken May 9, 2011 Tolerance Tolerance is defined as the capacity for or practice of respecting and recognizing another person’s opinions, practices, behaviors, or beliefs. (editor), 1976). Tolerance can cross into many categories of life from different cultures, the type of music we like, moral issues, religion and many others. More and more these days they are teaching our children in school that we must practice tolerance with all groups of people. I have also heard it described as just agreeing not to disagree; so you avoid any arguments or hurt feelings. The other thing that tolerance can be tied into is that of ethical relativism. Nash defines ethical relativism as the belief that moral beliefs that are conflicting at times can be true at the same time in the same sense. (Nash, 1999). The problems with ethical relativism, is that it’s really confusing and it gives way to numerous paradoxical consequences. The biggest one is when one accepts this way of thinking, that there can be no moral code we use that is better than another. Nash put it this way “if there is no transcendent, objective grounds for moral criticism, no side can be more right than the other.” (Nash, 1999). Some of the other points made are that if we accept this belief than why do we strive to become better people, when no human is any better than his fellow man? The...
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...Outline the provision of Charter of Justice 1807 Royal Charter of Justice refers to the permission granted by British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal system andestablish reception of English common law. There are 3 charters of justice granted in history and thefirst is in 1807 in Penang and this charter established that all civil and criminal matters to be exercised byPenang. The second charter is in 1826 and the third charter was granted in 1855. The law that shallapply is English law as administered in England on March 1807 and the application of law subject to localcircumstances. The charter also created the Court of Judicature of Prince of Wales. A Recorder wasappointed to act as judge to the court established. This statutory reception introduced and affirmed thestatus of English law and undoubtedly the tool of the colonial advancing through the Penang. In the case of Fatimah v Logan 1871, the court describe Penang as a desert and uninhabitedisland and without any fixed legal institution and since the Sultan of Kedah never exercise his power onPenang, therefore the territory is considered as terra nullius and without a Lex Loci. It was ruled that thelaw of Penang is common law.Outline the provision of Charter of Justice 1826 Royal Charter of Justice refers to the permission granted by British crown for a statutoryreception which gives power to the East India Co. to operate a competent English legal...
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...What Is Federalism? POL110 Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare...
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