...relationship will be severed after four months. Due to the sequence of events and the circumstances of this case, any logical, objective, and fair-minded observer would question the underlying motive of this claim and, subsequently, its validity. However, since cases like this are not usually adjudicated in the moral court or court of public opinions, this facility is prepared to explore its options and seek resolution either through a formal arrangement, a formal institution, or a legal entity such as the following: Court of law, arbitration, mediation, and / or settlement. In order to make an informed and appropriate decision, it is not only necessary to analyze and fully understand each choice conceptually and practically, but it is also important to assess the pros and cons as well. Court of Law According to Merriam Webster dictionary (1828), court of law is an arm of the judicial branch of government that adjudicates cases and administers justice, using legislation or precedence. On the basis of this definition alone, it is clear that the ideal step to take is to defend this case in the court of law in order to obtain justice. However, the circumstances of this case are...
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...Supreme Court Judges are known as Justices and are appointed for life. The only way that they can leave the court is if they resign or are impeached. Impeachment of a judge has only happened once in history back in 1796 to Samuel Chase. Justices are appointed by the president then approved by the senate. Lifetime appointment was established in 1789 and there have been 112 justices since then. The purpose of lifetime appointment is for justices not to worry about their court rulings getting them thrown out of office. However just like anything else this system comes with pros and cons. To begin with as a person ages, their mental capacity may begin to dwindle, impacting decision making and their ability to comprehend what is going on entirely. One of the current Justices, Ruth Bader Ginsburg was born in 1933, making her 84 years old. She may be...
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...POS/110 Democracy in America Democracy in America is something that has been the topic of the news for many years. It has caused many debates among several different individuals. Democracy, like anything, has its pros and its cons as well. In the following paragraphs will be the tip of the iceberg of some things that are debatable about democracy in America. One topic in particular that has been debated is the Constitution. The Constitution was written in 1787. The Constitution is a nation’s basic laws. It creates political institutions and divides or assigns power among governments (Edwards, Wattenberg, & Lineberry, 2008). When the Constitution was written all those years ago the founding father were putting a system together to make sure that no official received to much control and go power crazy. One of the best pros to the constitution is that the power is divided among government officials. As stated in the paragraph above, this helps to keep power equal among those government officials. For example, a president is only able to serve two terms in office and the president has to be elected back in office at that. This keeps new ideas and new people in office. Where there are pros, there are always cons. One con that comes with the Constitution is it is very hard to have the Constitution amended. There have only been a handful of times that the Constitution has been amended. The Bill of Rights is one that was able to be amended, and it was for...
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...job? 3. What are the pros and cons that come with this job? 4. What is a typical day in the facility for you? 5. Have you had any scenarios where your ethical thinking skills such as dealing with a disrespectful coworker/inmate occurred? How did you handle it? 6. Why did you choose the criminal justice degree instead of a political science degree? 7. Would you recommend this job to someone else? 8. What advice would be you give to someone that wanted to pursue this career or any other criminal justice oriented career? 9. Do you plan to keep this career or do you want to pursue something else in the criminal justice field? Notes from Interview 1. Learning new things such as how the jail systems work and how important a detention officer’s job really is 2. Requirements: must be 21 years of age, undergo an extensive background check, U.S. citizen, high school diploma, college education not required but could be extremely helpful 3. Pros: the knowledge of the jail/court system, good benefits and pay, job security Cons: long training, dangerous, work holidays, and odd shifts 4. Go in briefing room where the LT comes in and let them know about what was going on the shift before them and things they need to do or watch for. LT calls out duty assignments, go to assigned areas where they begin supervisory rounds. Feed twice a day during day shift and one time at night during night shift. We get any people out of court that need to be...
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...Introduction to Criminal Courts Dr. Beverly Spencer 9/1/2014 Plea Bargaining Paper Plea bargaining is one of the most important pieces of criminal court proceedings that can occur. Plea bargaining is that chance in which a defendant can choose to not be punished or charged as harshly as they should be. Plea bargaining is a very common thing used within the courthouse and even though it can be good for an individual it can also be bad if not completely understood. The thing with a plea bargain is that at any time a judge can overthrow a bargain and still send the case through strenuous court hours. Plea bargaining is however very important because over ninety percent of all criminal cases are built and completed due to plea bargaining. Plea bargaining can be defined as an agreement between a prosecutor and a defendant whereby the defendant is allowed to plead guilty to a lesser charge rather than risk conviction for a graver crime in order to avoid a protracted trial or to win the defendant’s cooperation as a witness (“Plea Bargaining”, 2014). Now a plea bargain can mean everything to nothing towards a case. The prosecution would use these types of bargains for leverage against the defendant. What is meant by this is that the defendant can be offered to give a testimony of the events which can eventually lead into a charge and conviction into a higher profiled case. This is the case most of the time; usually the prosecution offers a plea bargain to reduce on court time and possibly...
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...job? 3. What are the pros and cons that come with this job? 4. What is a typical day in the facility for you? 5. Have you had any scenarios where your ethical thinking skills such as dealing with a disrespectful coworker/inmate occurred? How did you handle it? 6. Why did you choose the criminal justice degree instead of a political science degree? 7. Would you recommend this job to someone else? 8. What advice would be you give to someone that wanted to pursue this career or any other criminal justice oriented career? 9. Do you plan to keep this career or do you want to pursue something else in the criminal justice field? Notes from Interview 1. Learning new things such as how the jail systems work and how important a detention officer’s job really is 2. Requirements: must be 21 years of age, undergo an extensive background check, U.S. citizen, high school diploma, college education not required but could be extremely helpful 3. Pros: the knowledge of the jail/court system, good benefits and pay, job security Cons: long training, dangerous, work holidays, and odd shifts 4. Go in briefing room where the LT comes in and let them know about what was going on the shift before them and things they need to do or watch for. LT calls out duty assignments, go to assigned areas where they begin supervisory rounds. Feed twice a day during day shift and one time at night during night shift. We get any people out of court that need to be...
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...Laws Come From? How would you explain or describe common law, stare decisis and the use of precedence in the United States? What do you think about the power of the courts under this system? What are the pros and cons (good and bad) aspects of this type of legal system? What do you think about the power of the courts under this system? The common law is an age-old law of England based on local social customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law is that governed England and the American colonies prior to the American Revolution. Although England, the United States and other former British colonies are under the same common law system, they actually have different laws. Common law system prevailed in the United Kingdom, the United States and other countries colonized by the England. It is distinct from the civil-law system. The civil law system predominates in Europe and in areas colonized by France and Spain. The common-law system is used in all the states of the United States except Louisiana, where follows French Civil Law and combined with English Criminal Law to form a hybrid law system. The common law system is also used in Canada, except in the Province of Quebec, where the French civil-law system prevails. Common law courts make their decisions based on prior judicial decisions rather than legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute...
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...Introduction Under the 6th Amendment of the Constitution the right to counsel is applied. The criminal defendants have a constitutional right to an attorney. If you cannot afford one, the government will provide you with a representative appointed by the court who is deemed necessary to handle your case. However, the 6th Amendment does not apply at the moment of arrest unless; the government has already filed former charges. The right to counsel is given at a critical stage of prosecution in which advice of counsel is necessary to ensure the dependence’s rights to a fair trial. This also always the ability for a plea bargaining to be issued if the prosecutor feels that their is overwhelming evidence and a court case should not be needed. Right to Counsel Background Powell v. Alabama (1932), also known as the Scottsboro case, involved several African American boys ranging from the ages of 13-17, whom were accused of raping two white women. The defendants were convicted and sentenced to death in a quick trial without an attorney. This took...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...AIU CRJS300-1104B Criminal Justice System unit 5 DB February 5, 2012 In Venezuela there are no dual courts. All the courts are federal system since the 1945’s. The judiciary had not implemented as much impact as the executive or legislative branch. The courts in Venezuela does not have equal share with the executive. The Venezuelan brand of federalism does not provide for state courts. The law is perceived as the same, unitary, throughout the national territory (Country studies). The Venezuelan prison system, which consisted of twenty-five institutions (Data, 1990) that has suffered from both understaffing and overcrowding. Not only had that but the prison had graft and corruption. During the 1980’s crimes in Venezuela had increased and the prison had become more congested. There were a total of twenty five prisons throughout Venezuela which consist of 17 judicial detainment centers, 7 nation jails and penitentiaries, 1 national institute of female orientation (Data, 1990). The correction officers or civilian workers were personnel of Ministry of Justice. All the guards on the external of the prison were personnel of the nation guard. The rehabilitation that the convicted criminal would get before being released came to a halt due to the overcrowding of the prison. The prison overcrowding also lead to corruption, homosexuality and drug abuse in the Venezuelan prisons. Reference Michael, John. (1999). Demand Media. Pros & Cons of Private Prisons. Retrieved on February...
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...One of the benefits of becoming a teacher in the education field is having teacher tenure. This article reviews the pro and cons to this benefit. Teacher Tenure is a way to provide protection and job security to teachers in the education field. Tenure laws vary from state to state. Normally this benefit is available after a teacher probationary period generally between three to five years. The beginning rights of tenured teachers happened 17 years ago in the Supreme Court case Cleveland Board v. Louderhill. In this hearing the courts stated that non-probationary employees who might be terminated are to be notified of the charges brought against them. They are to be given a fair hearing or trail and evidence is to be a gathered to support the decision. Since then other cases have gone to court over teacher dismissals. The state of Michigan has a lawsuit pending on new Teacher Tenure laws. The new updated law states teacher probationary period to occur for five years. Many people are divided on this issue. Leaving other to wonder what to do with educators who have poor performance but continues to teach in our school systems. Employees can be terminated for several factors: failure on certification, immoral character and insubordination just to name a few. The termination process is lengthier with tenure than a teacher without. Law makers and school board systems are looking into ways to implement stipulations on educators receiving this benefit. The author of the article (Firing...
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...Plea Bargaining Christopher Tucker CJS/251 May 12, 2016 Jason Stone Plea Bargaining When first forging America the concept of trial by jury was accepted as indication of new liberties. In the 19th century although people favored the trial by jury system they was found that this process was losing ground fast. In the early century it was perceived that, the guilty plea was substituting trial by jury more often although guilty plea was being made known it was found that more than three times as many criminal convictions had resulted from guilty pleas. Courts have used plea bargains in order to help keep the congested judicial system working as smoothly as possible. Plea bargains are known to assist the court, they also oppose our rights by violating a state statue. A plea bargain is an agreement to plead guilty to a lesser charge with less-stringent sentences. Types of Plea Bargaining The courts of justice use plea bargaining as a vital part of the court process. .According to Siegel, Schmalleger, and Worrall (2011), change bargaining is when the defendant and the prosecuting attorney negotiates the charges that would be filed (p. 318). This would include the defendant pleading guilty on multi-count charges that are considered lesser charge in return for a lighter sentence. Count bargaining is considered by many to fall under charge bargaining. The defendant claims responsibility to only one or more of the initial charges, and the prosecutor makes other charges disappear...
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...the court officer loudly proclaims: ‘All Rise!’ These two words inspire a sense of awe and respect for our judicial process. But what if the command, ‘All Rise!’ represented a promise — a promise that the court will lighten the burden of people whose problems have become too difficult to overcome alone? What if ‘All Rise!’ became a pledge by the court to look beyond the chaos and wreckage in peoples’ lives caused by addiction and to see their potential? What if ‘All Rise!’ offered the promise to provide the treatment and other tools needed to help people permanently change their lives? When an addict rises out of addiction and crime, we all rise” (West Huddleston, 2011). I thought that was very well put. In this paper, I will touch on the history of drug courts, how they work, and the benefits to the American taxpayers as well as society itself. HISTORY In 1989, the first Drug Court came to be and was located in Miami-Dade County, Florida The Miami-Dade Drug Court ignited a sudden national transformation that has changed our justice system. Ten years later, 492 Drug Courts were in full swing. As of June 30, 2012, 2,734 Drug Courts were in service in every U.S. state and territory. Millions of lives have been changed, thanks to Drug Courts, and they are continuing to spread all over the country and the world. This year, 2,734 Drug Courts will serve over 136,000 people (National Association of Drug Court Professionals, n.d.). A variety of problem solving courts are...
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...his or her own personal opinion on prayer in our schools; it still remains one of the most controversial issues today. The decision to take prayer out of public schools has become one of the most controversial issues throughout our society. The argument of whether or not prayer should be allowed in public schools is still misunderstood. When determining whether or not prayer should be allowed in public schools, it is important to consider both the advantages and disadvantages. In our society, 90% of America’s youngsters attend public schools. The children that attend public schools come from homes that espouse a variety of religious and philosophical beliefs (www.au.org). The pros and cons of prayer in public schools are not a cut and dry issue. There are many avenues to this matter. Pros arguments that have been expressed by people that approve of prayer in schools argue to banish prayer takes away the student’s freedom and molds them to be like non-religious students (www.religioninschools.com ). One of the advantages of having a freedom of religious beliefs is that it allows everyone to believe and practice whatever they want. A rising number of school related problems such as alcoholism, drugs, and pregnancy has been issues that students deal with daily. These social issues would benefit by not only addressing personal needs, but by nurturing and strengthening things that are...
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...1. Factors Affecting Mathematics Performance of High School Students 2. Personality Types Affecting the Performance of 1st Year BSBA-HRDM Students of Polytechnic University of the Philippines Santa Rosa Campus S.Y.2015-2016 3. Advantages and Disadvantages of Joining the Artist Guild to the Students of Polytechnic University of the Philippines Santa Rosa Campus S.Y.2015-2016 4. The Common Studying Habits of the 1st Year IT Students in Polytechnic University of the Philippines Santa Rosa Campus 5. The Effectiveness of Having a New Computer Laboratory for Learning Improvements in Computer Related Subjects Polytechnic University of the Philippines Santa Rosa Campus 6. Common Problems of BSIT Students in Using Computer Laboratory in Polytechnic University of the Philippines Santa Rosa Campus 7. The Effects of Noise Pollution Around the Campus Vicinity of Polytechnic University of the Philippines Santa Rosa Campus 8. Factors Affecting the Implementation of the Polytechnic University of the Philippines Santa Rosa Campus Rules and Regulations 9. The Common Learning Techniques in Programming of 1st Year BSIT Student of Polytechnic University of the Philippines Santa Rosa Campus 10. Factors that Affects the Learning of Students Inside the Classroom 11. Benefits of Having Programming Tutorials to the BSIT Students of Polytechnic University of the Philippines Santa Rosa Campus 12. Advantage and Disadvantages of Having Computer Shops near at Polytechnic...
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