...Plea Bargaining in the Criminal Justice System Plea bargaining is a necessary component in the American Criminal Justice system. According to the Bureau of Justice Statistics, about 90% of criminal cases are resolved through plea bargaining (Bureau of Justice Statistics, 2005; Flanagan and Maguire, 1990),and it has shown to be an effective way for courts to try and manage their caseloads. However, even though it is such a necessity to the system, many are concerned that the process is unethical and unfair to the defendants involved. Positive Aspects of Plea Bargaining The main reason plea bargaining is such a huge part of the criminal justice system is that there simply aren’t enough resources to take every criminal to trial every time....
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...courts and court administrators today. I will also be discussing future management issues and trends regarding language interpretations services, as well as assessing the past, present, and future impact the victims’ rights laws have on court proceedings. There are many current and future issues facing courts and court administrators today. One problem that some may beg to differ would be the use of plea bargaining in our court system. “Shockingly, more than 90% of felony cases in the United States in any given year are disposed of via plea bargaining” (Robinson, 2009). Criminal trials are a way of determining the innocence or guilt of those in question, whereas plea bargaining is where the accused plead guilty to lesser charges thus resulting in lesser charges. Though plea bargaining has a positive side like saving time and money, at the same time it is unfair to the citizens who choose not to commit crimes in the first place. People who commit crimes know what they are doing at the time, therefore should pay the ultimate price to deter them from doing it again. Plea bargaining is just...
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...Bias in Our Court System….is it fair or unfair justice??? America was built on the premise of everyone having equal rights. After years of British tyranny our forefathers felt they wanted a system where they will not be improperly punished without facts. In fact the framers of the Constitution felt they needed a system where everyone gets a fair shot. In America everyone who is accused of a crime is supposed to have a fair trial and is assumed innocent until proven guilty. Sadly, however, some would argue America’s criminal justice system has become more twisted and unfair than ever and that the rule of law has basically been vanquished in America’s criminal justice system. Outcomes of cases are generally decided now by the prosecutors and more plea bargaining is the norm over trial by jury. Yet so many people in our society today feels that people in the system gets equal opportunities. Although some people end up with different sentences and punishments people say that the American court system is a fair system. America has slowly turned into a system where justice and fairness is overruled by money and power. In the media today many people are committing crimes and walking away with a slap on the wrist. Many social media and news shows the bias in court systems through their broadcasts of issues. The American justice system is biased in their convictions and sentencing through racial disproportion, social structure, and economic standing. Our criminal justice...
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...anatomy is greenwash, and the workers receive insufficient pay, strip searches are conduct upon exiting the building, discouraged from attending night school because it interferes with work, and work in very un-sanitized conditions. The unethical treatments don’t stop there, the supervisors contently looks over the shoulders of the employees to ensure they are constantly working and not stealing any of the materials (Miami NewTimes, 2011). Then again on the internet we read, “Countrywide Financial faces unethical business practices prosecution. The article goes on to talk about how Countrywide is accused of using misleading marketing to sell mortgages packed with hidden fees and risky terms to dominate the US home loans industry. They used unfair and deceptive lending practices to steer borrowers into loans that they could not afford. They did this by putting borrowers in homes they could not afford by exaggerating their income. Since the managers of Countrywide decided to make unethical business decisions over 35% of the mortgage loans approved were in default. Their actions harmed thousands of home owners and caused the company to go into bankruptcy because of a $704 million in profit lost (theguardian, 2008). We cannot forget that the Wal-Mart in the UK offered its employees pay raises if they decided not to join a union. It is my position that unethical business decisions create major problems for organizations and lead to union discussions. It is...
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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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...Global Perspectives on Accounting Education Volume 3, 2006, 27-48 ENRON AND ARTHUR ANDERSEN: THE CASE OF THE CROOKED E AND THE FALLEN A Gary M. Cunningham Visiting Professor Department of Business Administration Åbo Akademi University Turku, Finland Jean E. Harris Accounting Department Pennsylvania State University, Harrisburg Campus School of Business Administration Middletown, Pennsylvania USA ABSTRACT Outside the US, the failures of Enron and Arthur Andersen remain puzzles. How could the accounting and audit failures associated with Enron and Arthur Andersen happen in the US where auditing is sophisticated, accounting principles are strong, and disclosure is emphasized? This is a teaching case for persons outside the US to review the financial reporting and auditing issues related to Enron and to explain the regulation of accounting and auditing in the US. It has broad implications for corporate governance and accounting regulation in other countries as well. n the years after the Enron Corporation declared bankruptcy in 2001 and Arthur Andersen failed in 2002, people are still asking, especially those outside the US, how could this happen? What went wrong? The US has a well-developed set of Generally Accepted Accounting Principles (GAAP) that requires extensive disclosures in audited financial statements, and a well-established federal agency, the Securities and Exchange Commission (SEC) that monitors financial reporting. This case is written for accounting students and...
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...Global Perspectives on Accounting Education Volume 3, 2006, 27-48 ENRON AND ARTHUR ANDERSEN: THE CASE OF THE CROOKED E AND THE FALLEN A Gary M. Cunningham Visiting Professor Department of Business Administration Åbo Akademi University Turku, Finland Jean E. Harris Accounting Department Pennsylvania State University, Harrisburg Campus School of Business Administration Middletown, Pennsylvania USA ABSTRACT Outside the US, the failures of Enron and Arthur Andersen remain puzzles. How could the accounting and audit failures associated with Enron and Arthur Andersen happen in the US where auditing is sophisticated, accounting principles are strong, and disclosure is emphasized? This is a teaching case for persons outside the US to review the financial reporting and auditing issues related to Enron and to explain the regulation of accounting and auditing in the US. It has broad implications for corporate governance and accounting regulation in other countries as well. n the years after the Enron Corporation declared bankruptcy in 2001 and Arthur Andersen failed in 2002, people are still asking, especially those outside the US, how could this happen? What went wrong? The US has a well-developed set of Generally Accepted Accounting Principles (GAAP) that requires extensive disclosures in audited financial statements, and a well-established federal agency, the Securities and Exchange Commission (SEC) that monitors financial reporting. This case is written for accounting students and...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...LegalCrystal - Indian Law Search Engine - www.legalcrystal.com Gujarat Steel Tubes Ltd. and Ors. Vs. Gujarat Steel Tubes Mazdoor Sabha and Ors. LegalCrystal Citation : legalcrystal.com/655678 Court : Supreme Decided On : 1979-11-19 Reported in : AIR1980SC1896; (1980)ILLJ137SC; (1980)2SCC593; [1980]2SCR146 Judge : A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort...
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...VIRGINIA PROCEDURE OUTLINE CHAPTER I: EXTRA-JUDICIAL PROCEDURES Note: These Procedures take place without the participation of a judge or the court 1) Self Help a) Predates existence of the organized state b) Now greatly discouraged because police power of state more effective i) Discouraged, superseded in practice, and restricted by law now. c) Situations when available: i) Available in debtor-creditor situations where debts are voluntarily paid when they are due (most pay when get into financial position to pay) ii) When possession of goods bailed are returned to the Owner when the period of the bailment ends. iii) When debtor intentionally refuses to pay or neglects to pay creditor may resort to self-help to get paid. 1) May be independent or in conjunction with litigation. d) Usually attempt to get debtor to pay voluntarily before seeking assistance of the court. e) Repossession i) Allowed at common law where it can be accomplished without breach of peace. ii) Person disseised and dispossessed of land an reenter w/o a court order unless would involve breach of peace iii) Repossession of chattels is allowed where they have been: 1) Loaned, hired, bailed, lost and found, or stolen and wrongfully detained from the O provided it is done w/o ab reach of the peace. 2) Person may recover own chattels from land of the wrongdoer, but to do so from the land of a 3P would be trespass 3) Hunters...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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...contract law T H I R D E D I T I O N M I N DY C H E N - W I S H A RT 1 INDEX Web 1 Incapacity W1 Diagram W1A Overview of incapacity W2 W1.1 Children W3 W1.1.1 Contracts to supply ‘necessaries’ W3 W1.1.2 Employment and other benefi cial contracts W4 W1.1.3 Contracts involving land, marriage settlements, company shares, and partnerships W5 W1.1.4 Other contracts W6 W1.1.5 Restitution to children W6 W1.1.6 The liability of children W6 W1.2 Mental incapacity, drink, and drugs W8 W1.3 Companies W10 W1.4 Public authorities W11 Web 2 Illegality and public policy W13 W2.1 What are illegal contracts? W14 W2.1.1 Statutory illegality W14 Diagram W2A Overview: Categories of illegal contracts W15 W2.1.2 Common law illegality W16 W2.1.2.1 Contracts to commit a crime W17 W2.1.2.2 Contracts made for the deliberate commission of a civil wrong W17 W2.1.2.3 Contracts interfering with the administration of justice W17 W2.1.2.4 Contracts to oust the jurisdiction of the courts W18 W2.1.2.5 Contracts prejudicial to the state W18 W2.1.2.6 Contracts which further sexually immoral purposes W19 W2.1.2.7 Contracts prejudicial to family life W19 W2.1.2.8 Contracts unduly restrictive of personal liberty W20 W2.1.2.9 Contracts in restraint of trade W20 W2.1.2.10 Restrictive trading and analogous agreements W24 W2.1.3 Illegality and unfairness W24 W2.2 The effects of illegality W25 W2.2.1 The enforceability of the contract W26 W2.2.1.1 Illegality at formation W26 web contents ...
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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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...Running head: SOCIAL JUSTICE This is a sample paper for Dr. Matthew Robinson’s class … CJ 5150, “American Justice System and Social Justice” at Appalachian State University The paper is not be used for any purpose other than illustration for students in the class!!! Social Justice versus Criminal Justice Appalachian State University Social Justice versus Criminal Justice In this paper I will discuss how different aspects, policies, and procedures of the United States criminal justice system are inconsistent with the principles of social justice posited by John Rawls and David Miller. The criminal justice system does not promote socially just outcomes or practices. First of all, the criminal justice system is not really a system at all; it is a network. Second, criminal justice places greater emphasis on crime control, rather than due process rights. Our system encourages punishment rather than rehabilitation. Finally, criminal justice policies such as the death penalty and the war on drugs reflect prejudices within the system, resulting in unequal treatment. Before beginning to explain these flaws within criminal justice, I will first define social justice and explain the essential social justice principles suggested in Rawls and Miller’s theories. Social Justice Justice is based on two supposedly equal conceptions. First, guilty offenders are held accountable for their actions and second, that criminal justice...
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...CONSENT-COMPARISON BETWEEN ENGLISH AND INDIAN LAW 1|Page Table of Contends Introduction………………………………………………………4 Coercion…………………………………………………………..5 Undue Influence………………………………………………….9 Fraud……………………………………………………………..16 Misrepresentation……………………………………………….24 Mistake…………………………………………………………...31 Conclusion……………………………………………………….35 Bibliography……………………………………………………..36 2|Page Introduction Consent can defined as the meeting up of two minds. It well defined principle in common as well as in Indian Law. Section 13 of the Indian Contract Act, 1872 clearly defines consent which says that: Two or more persons are said to consent when they agree upon the same thing in the same sense. For example a customer buys a food processor because the retailer has claimed that the product was made in France but actually the product was made in Taiwan or an instance where a patient signed a contract to pay large sum of money to a doctor for immediate surgery which was actually unnecessary. In all the cases the offer was accepted leading to formation of an agreement and even there was a meeting of minds. However the consent of the person has been manipulated. If it were not the misrepresentation or undue influence the person should not have signed the agreement. It would be unjust if the contract was not set aside. S.10 of the Indian Contract Act says that: All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration...
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