...curtailed? Judicial discretion is the power the law provides the courts or a judge to choose appropriate sentencing, which is lawful . A sentence is ordered by the judge, based on the verdict of the jury (or judge’s decision if no jury) within the possible punishment set by law . Judges I believe do possess too much discretion in the sentencing of criminal offenders. In the Irish legal system, the sentencing of criminal offences is very broad for judges apart from the mandatory sentence of murder, which leaves the judge no discretion in his/her sentencing. Should Irish judge’s discretion be curtailed? Yes, I would be in favour of a more robust system where judges sentencing is more consistent. The sentencing of criminal offenders in Ireland, at this moment in time, is of the opinion that it is in fact too inconsistent. There are currently certain restrictions on the sentences which are applied to criminal offenders e.g....
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...Running Head: Midterm Essay 1 Midterm Essay Armando 1 Running Head: Midterm Essay 2 Briefly identify and explain the key differences and similarities regarding the UCR, NIBRS, and NCVS programs. The Uniformed Crime Reporting (UCR) Program displays crime data for the United States, as well as for states, cities, counties and colleges. This allows for a comparison among neighboring jurisdictions and among those with similar populations and other common characteristics. The National Crime Victimization Survey (NCVS) collects information on the frequency and of crimes such as rape, sexual assault, aggravated and simple assault, household burglary, theft, and motor vehicle theft. Both systems report different types of information and different details. The UCR program displays statistics for law enforcement administration, operation, and management. The UCR program utilizes what is called the hierarchy rule. If more than one crime was committed by the same person and the time separating the crimes was minor, then the crime highest in the hierarchy is the only crime reported. This seems like a very inaccurate method of recording data, one would assume that all records of offenses were taken into consideration for reporting purposes. The NCVS program collects information on crimes by individuals and households while also providing information on victims such as age, sex, race, marital status. The difference in the two programs is that each serves a...
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...Despite that throughout history it has always been shown in films from A Nation Reborn to literature To Kill a Mockingbird. Racism has always been questioned if it has played an effect in the court system. Because its is become more popular discussed in today society i feel it is important to get rid of it all together. While writing this essay on racism I found myself re questioning myself countless times as I did not wish to either contradict myself or come off as “strong left wing liberal” as some of the kids from our composition class would say. Throughout this essay I was doing countless research from the documentary on racism that we viewed in class to statistics regarding racism in the court system. I find that research in essay allows for us to gain knowledge in order to support our own ideas in the paper and to better grasp the realism of the pigeonholes that are present in our society today. The most valuable piece of evidence in my essay would be the interview I had with one of my former professors from high school who was a law teacher and was my mock trial coach. We read some Iowa court cases that were deemed to be racist primarily from the early fifties and late sixties when prejugdism and racism were much alive and well in the...
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...Criminal Court v Civil Court; The Differences Jeff Eader Kaplan University Criminal Court v Civil Court; The Differences The American Court system was established to settle disagreements between parties that have disagreements that need to be settles. This system was created to involve two types of case proceedings, which include civil and criminal cases. There are differences between the types of cases that can be heard and tried in civil and criminal proceedings. This essay will examine differences between civil and criminal hearings in the areas of burden of proof, which party can start the case, the different types of punishment that can be handed down, and the types in each jurisdiction. Finally, the essay will examine criminal and civil case in a table format. Civil Court Hearings * Rulings * Types of Cases * Parties Involved * Burden of Proof The civil court system is a very different entity from a criminal court. This type of court hears proceedings that are about money, debts, property issues, injuries, divorce, child support, and housing issues, such as evictions and foreclosures. ("The Differences Between Civil and Criminal Court," n.d.) The judges in these types of cases have a different set of powers to enforce their findings in the case. The enforcement part of these proceedings can be as simple as a ruling, the awarding of money to one party of the case, or fining an individual. It is also important to note that an individual in...
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...of the Constitution of the United States. This document, which has served as "the Supreme Law of the Land" for more than two centuries, is the world's oldest written constitution still in use (Bloom, 1987). The United States Constitution is a foundation of basic laws and principles that defines the rights of American and sets limits on what the government can and cannot do. It provides the framework for the National government and establishes a system by which responsibilities are divided between the national government and the states' governments. The first Constitution was the Articles of the Confederation. In this essay I will compare the Articles of Confederation with the Constitution, analyze the drafting of the Constitution, and compare the debate over ratification between Federalist and ant-Federalist. The Articles of Confederation, which were ratified in 1781, providing the first form of a national government in the United States. When the United States won its independence from England in 1781, a majority of Americans felt a stronger allegiance to their individual states than to their new country. Most people did not wish to create a strong national government, over which they felt they would have little or no control. The Articles gave each state a great deal of independence and represented little more than a “league of friendship” between the states. The primary purpose of the Articles was to establish a system by which the states could co-operate if they needed...
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...The Supreme Court and Judicial Review Should the Supreme Court's power of judicial review be strictly limited by a constitutional amendment? Yes, the Supreme Court’s power of judicial review should be strictly limited to the constitution; because their judicial power is in all cases, in law and equity, arising under the constitution. Meaning they are over stepping their initial jurisdiction and have been given the power to have judicial reviews, even though it’s unconstitutional. The only power the Supreme Court is supposed to have is; all cases affecting ambassadors, or the public ministers and consuls, and those in which a state shall be party in the Supreme Court shall have original jurisdiction as stated in article III section 2 of the constitution. The Supreme Court is supposed to be the weakest of the three branches of government. The legislative, and executive branches are supposed to control the judiciary branch, even the states are supposed to have more say than the court. But they have been made more powerful and they are telling the legislative and executive branches what to do. There is no such system of checks and balances any more that protect the states and people when most government branches, are acting in cohorts with one another, eroding and destroying the rights and powers of the states and we the people. Even if the system was working right; who is watching and how will they stop the court from being unconstitutional? Every time the court holds judicial...
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...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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...Conflict of Law - General Shipping and Regulatory Maritime Law Index 1. Purpose and plan of the essay page 3 2. Introduction 2.1 Origins of maritime liens page 3 2.2 Maritime liens page 3 3. Conflict of law page 5 4. The United Kingdom page 6 5. The United States page 8 6. Conclusion page 10 1. The purpose and plan of this essay I will start this essay with a first review of the background of maritime liens and their definition. After this, I will examine why there exist conflicts of law in maritime law. My purpose of this essay is to compare two states that are very different in their domestic maritime law in respect of maritime liens and the differences in recognizing foreign maritime liens. I have chosen to compare the domestic law in the United Kingdom with the United States because I feel that they are managing conflicts of law very differently from one another and I want to get a deeper knowledge in these states law. The American court recognizes foreign maritime liens while the United Kingdom do not; they apply the lex fori (i.e. their own law). This had caused a huge uncertainty in the right of the international ship suppliers. Because the states is so in-cohesive in this area of law I thought it would be interesting to compare these and see how they handle conflicts of law. I will bring out the weaknesses in the different systems and also the positive things. Finally, after this comparison I will make an argumentative conclusion...
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...Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Robert W. Echols AIU Online ENGL106-1201B-226 English Composition Abstract Habeas Corpus is one of the fundamental protections guaranteed to Americans by the Constitution of the United States of America. This essay will describe the original intent of the writ, the transformations the writ has undergone, and the modern-day implementation of The Great Writ of Habeas Corpus. The essay will also explore how dangerous the practice of denial of this right can be to the freedom against unlawful detainment of people subject to United States civil and criminal law. Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Freedom. What an indescribable term. Is it merely a feeling or is it something more tangible? False Imprisonment. Now that is something more noticeable. The Great Writ of Habeus Corpus has been part of the judicial system since the Magna Carta! It is this writer's intent to show the reader how Habeas Corpus has been incorporated into the United States of America's Constitution and how it has changed since being written into law by the implementation of the Habeas Corpus Act of 1679; Interesting usage of Habeas Corpus will be explored throughout the reader's journey down the rabbit hole. The phrase “Habeas Corpus” is an ancient common law prerogative instrument dating back to the Magna Carta. Though not specifically written in this great charter, Habeas Corpus is implied by...
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...International Criminal Court: Idealpolitik vs. Realpolitik and the special case of the United States ABSTRACKT The Rome Statute that was adopted on July 17st 1998 was a controversial treaty that despite initial backing from great and small powers alike ended up facing fierce opposition for a number of reasons. Internationally it was widely accepted that there was a need to stem the tide of an ever-increasing number of human rights violations and that the institution best suited for achieving this goal, following the relative successes of ad hoc criminal tribunals, could be a permanent International Criminal Court, ICC. This essay will attempt to clarify the contrasting ideas and interests of key actors that ultimately shaped the compromise that became the Rome Statute of the ICC. It will go on to assess the relative influence of idealpolitik - that is the altruistic idealism embedded in a genuine desire to create a court to bring an end to the reality of perpetrators of war crimes escaping justice - and realpolitik - the realist notion of national interest and power politics as the main catalysts behind the politics of the Rome Statute. The judicial powers entrusted to the ICC became, as stated above, a matter of compromise. The final text of the Rome Statute was the result of intense negotiations that revolved around the concepts of national sovereignty and security politics on the one hand and the desire of non-great powers to establish a court with as much authority...
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...a remedy for understanding how evidence is obtained and could be inadmissible if illegal tactics were taken to gather the evidence. This essay will present a detailed evaluation of the Exclusionary Rule entailing values and rationale including four fundamental exceptions to the exclusionary rule. These exceptions operate under the exclusionary rule premise and will be explained in the essay. In addition, summarize some benefits, disadvantages, and an alternative solution will be expressed in forming my personal opinion-position of the exclusionary rule supported by a strong argument and information. Though examining the Exclusionary Rule as constitute may establish some deterrence for police still opinions do consider the rule unconstitutional behind its existence. The Exclusionary Rule shares no semblance from the Fourth Amendment that gives protection against search and seizure, but originates from the Fifth Amendment. Both establish no evidence may be used in court if obtained illegally or without a proper search warrant from a judge. The principle for this rule legally holds true under constitutional law in which evidence will not alter court proceedings. The purpose behind creating the exclusionary rule was deterring police from gathering information through illegal methods. For instance, by establishing this method in state or local jurisdiction hopes for...
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...Evolving Role of Government in Education The United States governments play an ever evolving role in education. They are responsible for many of the exceedingly particular rules and regulations that drive schools and districts to change. All of these legislative rulings are supposedly made to help America’s youth, but some of them are more idealism than realistic. This essay will describe some of the many cases and laws that have evolved or have had an impact on U.S. education. The United States educational system began on the laws and moral of the religion. In colonial times schools and religion went hand in hand. All of this country’s first schools and educational systems were the product of some particular religious sect. The first schools were used to educate the colonist children but the religious tensions and sectarian rivalries among early colonists had also used schooling to advance their ideals. Particularly the Universities such as Harvard founded in 1636, and Yale founded in 1707 were founded as seminaries to train future clergymen. Although this type of thought about how schools should be run still is around today, there has been much government involvement to change that stat quo. In cases such as Everson v. Board of Education, and Illinoisex rel. McCollum v. Board of Education the court ruled against religion in schools. These rulings proved to be major divides between church and state “To hold that a state cannot consistently with the First and Fourteenth...
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...United States vs Japanese Government In. 1788 the United States government outline is laid out in the Constitution, making the United States one of the first modern national constitutional republic, with the principle that all people have the right to life, liberty and the pursuit of happiness. One hundred and fifty nine later in 1947, the Japanese Constitution was formed, following closely in the form of the United States government; with the three principles of sovereignty of the people, respect for fundamental human rights, and renunciation of war. Both of these unique governments are separated into three different powerful branches; the legislative, the executive, and the judicial. However, the way that three branches are ran within these two nations differ. The purpose of this essay is to examine these branches, and identify the differences between the two governments. The executive branch of the United States, is the over seer of the United States. As commander in chief of the U.S. Armed Forces, the president is the leader of the country. The president has the power to convene Congress, appoint ambassadors to other nations; appoint Supreme Court justices and other federal judges, and is expected to carry out and enforce laws of the United States. Meanwhile in Japan, the Executive power falls in the hands of a prime minister. The prime minister is designated by the National Diet, Japan’s legislative branch. The prime minister has the power to present bills to the Diet...
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...United States vs Japanese Government In. 1788 the United States government outline is laid out in the Constitution, making the United States one of the first modern national constitutional republic, with the principle that all people have the right to life, liberty and the pursuit of happiness. One hundred and fifty nine later in 1947, the Japanese Constitution was formed, following closely in the form of the United States government; with the three principles of sovereignty of the people, respect for fundamental human rights, and renunciation of war. Both of these unique governments are separated into three different powerful branches; the legislative, the executive, and the judicial. However, the way that three branches are ran within these two nations differ. The purpose of this essay is to examine these branches, and identify the differences between the two governments. The executive branch of the United States, is the over seer of the United States. As commander in chief of the U.S. Armed Forces, the president is the leader of the country. The president has the power to convene Congress, appoint ambassadors to other nations; appoint Supreme Court justices and other federal judges, and is expected to carry out and enforce laws of the United States. Meanwhile in Japan, the Executive power falls in the hands of a prime minister. The prime minister is designated by the National Diet, Japan’s legislative branch. The prime minister has the power to present bills to the Diet...
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...Exam 4 – Essay #1 The United States Congress is a bicameral legislature that was created with the Connecticut Compromise during the Constitutional Convention of 1787. There are two chambers, the House and the Senate, that are directly elected by the people. The role of Congress is to make law. The House creates tax bills and votes to impeach, while the Senate approves treaties, appointments, and votes to convict the impeached. The Senate is considered the “upper house” because it is more exclusive as there are only 100 members as compared to 435 members of the House. To be a Senator, one must be thirty years of age and a U.S. citizen for at least nine years. House members must be twenty-five years of age and a citizen for only seven years. Another reason the Senate more exclusive is that their term is six years long, but members of the House are up for re-election every two years. Although the Congress is comprised mostly of white males, the number of women, African Americans, and Latinos has increased dramatically since 1991. Each chamber in Congress greatly differs in the people they represent. Members of the House are elected from districts that are apportioned according to how many people live in the area, while there are two Senators from each state regardless of the population of that state. Members of the House usually deal more with local issues, because their constituents are from a specific area, usually relatively small compared to the size of the state. Senators...
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