Law Page 3

Commercial Vices The commercial vices are gambling, prostitution, and drugs. The appeals of the commercial vices are so strong and widespread that attempts to prohibit them in western countries have always failed. The evils of these vices are threefold: Those who practice them suffer, the criminals who sell them prosper, and the enforcement organizations are expensive, unsuccessful, and often corrupt. Two commercial vices have been accepted as unstoppable, but there evils have been minimized by
Common Sense Control, Not Gun Control It's late at night, and you're home all alone. You double checked to make sure all of the doors were locked and made sure all of the windows were closed. It's been a quiet night, but for some odd reason you cannot sleep. During your restless night, you hear a bump in the kitchen. At first you dismiss it as the wind. But there it is again, and it's louder this time. You're scared, your pulse is racing and you cannot think of what to do. You don't know whether
Computer Generated Evidence In Court Introduction We are living in what is usually described as an 'information society' and as the business community makes ever greater use of computers the courts are going to find that increasingly the disputes before them turn on evidence which has at some stage passed through or been processed by a computer. In order to keep in step with this practice it is vital that the courts are able to take account of such evidence. As the Criminal Law Revision Committe
Computer Crimes The computer has evolved a great deal since its creation over a third of a century ago. The uses of the computer now seem endless. Unfortunately some of those uses include computer crimes. This paper will explore some recent crimes that have occurred and the laws that apply to them. The first such incident took place in Russia between June and October 1994. Six people were arrested in the scheme, in which $10 million was allegedly shifted from Citibank to accounts in Finland, Rus
Criminal Law Investigation Murder Murder is when a person of sound mind unlawfully kills any person with malice aforethought. To be convicted of murder, it has to be proven that the accused planned to kill the victim, or that the accused acted in a way that he/she knew would harm or kill the victim. To defend against murder, one could claim self-defence, that is, that they killed the person while defending themselves, if this was proven, the accused should get acquitted. They could also claim th
Drinking and Driving Offenses My essay is on Drinking and Driving Offences. In my essa y I will tell you the various kinds of drinking and driving offences, the penalties, and the defences you can make if you are caught drinking and drivi ng. Let me tell you about the different offences. There are si x offences in drinking and driving. They are driving while impaired, Havi ng care and control of a vehicle while impaired, Driving while exceeding 80 m.g., Having care and control of a vehi
Euthanasia and the Law A severely handicapped or terminally ill person should have the right to choose to live or die. The right to live; the right to choose to live or die should not only be a right allocated for bodied individuals of sound mind but for all human beings. Euthanasia is a controversial issue which encompasses the morals, values and beliefs of our society. Euthanasia, literally defined means good death. There are two types of euthanasia, active and passive. Active euthanasia is
Euthanasia and the Robert Latimer Case Euthanasia is undoubtedly an issue that plagues the minds of those living with children or adults who are severely disabled. Rarely is one found to have a ‘ neutral' outlook upon it; that is, a side must be chosen, for or against. It is too delicate a topic to be ‘in the middle' about. Over the years, cases involving euthanasia have caused massive controversies as to whether or not it is feasible to take the life of another human being in order to ‘put them
Fraud What is a Fraud? A fraud is when one party deceives or takes unfair advantage of another. A fraud includes any act, omission, or concealment, involving a breach of legal or equitable duty or trust, which results in disadvantage or injury to another. In a court of law it is necessary to prove that a false representation was made as a statement of fact, that was made with the intent to deceive and to induce the other party to act upon it. It must be proven that the person who has been defrau
Governement's Bureaucratic Half-Witted Laws Todays big government is a typical display of bureaucracy in its most creative state. Due to the enormous bureaucracy within todays state governments, many laws have been passed through legislation that really didn't need to be passed. These laws are a display of the way government likes to show power over the people using legal suppression. Governments have created laws governing almost anything that the people do as an act of blatant suppression, eve
Greenspan - The Case for the Defense My fascination with the Judicial System Structure of todays society was furthered and strengthened after reading and analyzing the works of Edward Greenspan. The superbly written biography recollecting past cases and important events in Greenspan's life allowed myself, the reader, to learn more about Jurisprudence and the Criminal Code. The entire casebook revolves around several main themes including the balance of Positive and Natural influences in the cour
Gun Control: Against The government has placed many gun control laws, but some of the laws were made to make the general public feel safer. For instance the government banned a handful of assault riffles when they are not even used for most gun related crimes. The government also administered another law called the Bradey Law. The Bradey Law makes a five day wait on the purchase of a handgun so a check can be run on the persons background. None of these laws have decreased the amount of deaths c
Problems with Gun Control If the second amendment does not mean what it says, what about the first?, this was the question asked by author, and National Rifle Association member, Bill Clede. In his article Gun Control, Press Control, he warns journalists about the hidden dangers associated with gun control. When dealing with the interpretation of the Constitution, there is two views one can take. The Constitution can be viewed as a living document or in its original understanding. The o
Gun Control Gun control has been a hot topic for very long time. People on the anti- gun control side believe that gun ownership is a Constitutional right backed by the Second Amendment. The anti-gun believe that you should be able to posses and own any firearm. They also believe that gun laws only restrict the law abiding citizens. Pro-gun control believe that guns are the backbone to our crime problem. They also believe that gun laws help keep guns of the street and deter crime. The Second Ame
Having A Gun Very often in life I would find myself strongly disagreeing and upholding the totally opposite point of view about the actions and behavior of those, whose deeds seemed to me rather disadvantageous and harmful to the entire community or society. These kind of actions were mostly coming from government authorities, and quite obviously, there was not much that could have been done in order to refute or override them. Therefore, not only once, the idea of having adequate power and auth
Hester Prynne Sanction The persistent issue of corporate punishment has been the proverbial thorn in the side of many people throughout history. Corporations have caused many people huge amounts of both physical and emotional pain due to instances of improper mechanical maintenance, ignorance towards the environment, and the manufacture of life threatening products. The main problem that lies as an obstacle in front of prosecutors of these corporations is, who do they punish? The Lord Chancellor
History of Turkish Occupation of Northern Kurdistan. Eric jensen Poli. Sci. (Third World Politics) 11/27/96 Since 1984, and especially the last few months, the domestic problems of a major N.A.T.O, Middle Eastern, and American ally state have come to the forefront of the international news scene. That state is the Republic of Turkey and it's primary troubles stem from the past seven decades of acrimonious policies directed at the indigenous ethnic Kurds. The main problem, now, is the Kurdish pop
Homosexuals: A Suspect Class? The struggle for minority protection by lesbians and gay men has moved to the center of American life at the outset of the 1990's. It is almost certain that lesbian and gay issues will be a more eminent aspect of the public consciousness and American political scene in the coming decade than in any other time in American history. Policy changes early in Bill Clinton's administration created a heated debate over the military presence of gays and lesbians, several sta
The Unabomber: Is He Serious? There comes a time when everyone has something to say. The next step would be to find someone to listen. If that doesn't work, I suppose you just have to make them listen. The Unabomber's Manifesto was probably one of the most interesting and thought provoking points of view that I have read in a while. It's just too bad that every time he made a point that I could relate with, he would contradict himself before I was finished with the paragraph. In my opinion, the
Jury Nullification and Its Effects on Black America It is obvious that significant improvements have been made in the way that the criminal justice system deals with Blacks during the history of the United States. Blacks have not always been afforded a right to trial, not to mention a fair one. Additionally, for years, Blacks were unable to serve on juries, clearly affecting the way both Blacks and whites were tried. Much of this improvement has been achieved through various court decisions, and
Justice Every action or decision we make is either justifiable or unjustifiable. Justice is usually decided by society or the norm. The norm changes from one society to another. However, there are always laws that can be broken, consequences that must follow, and punishment that must be imparted. Justice can be seen in two different ways, social and criminal. Justice is in the eye of the beholder because we all have different attitudes about right and wrong. Criminal justice is a term that r
Juvenile Justice The Juvenile Justice System as it typically functions in America's thousands of jurisdictions is the subject that will be covered. The Juvenile Justice System is defined as that sociolegal process having responsibility and authority for public reaction to current juvenile delinquency and deterrence of future juvenile delinquency, including within that process the public and private agents, agencies, laws, rules, and policies having to do with juvenile delinquency(Weiner, 1987,
Law and Morality It is not an everyday occurrence that someone must decide the fate of another's life. The dilemma of making a decision that someone must die in order for the others to survive, can obviously be troubling. The process in which the termination of one's life may be easy to make, but to justify that decision is the most difficult one. This paper is given a situation in which a decision of taking one's life is essential. The situation is that a nuclear war has occurred, which has des
Law of Nations: An Overview Human nature consists of three basic components. These are to live, to propagate and to dominate. If Humanity was left without any other parameters, this natural state of existence would govern its behavior. Fortunately, there are parameters that exist. These parameters are law. The topic of this paper addresses the type of law that operates in creating potential boundaries for the behavior of states. This law is called the Law of Nations or international law. Patrick
Child Sex Tourism Bill in Australia On March 23rd 1994 the Child Sex Tourism bill was introduced into the House of Representatives. This act, which amended the Crimes Act of 1914, enabling the Australian government to prosecute Australian child sex offenders overseas. Before the introduction of this new legislation, if an offence was committed overseas and not punished whilst in the country, Australian law officials were powerless. The proposed changes in the law are to deal with the following i
Maritime Law The value of many shipments depends upon fluctuations in the currency rates, freight, handling charges, and other expenses. By means of insurance protection will be provided to goods from any uncontrollable variables. A contract of Marine Insurance is defined by section 7 of the Marine Insurance Act of 1909 as: A contract whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to
Medical Malpractice The doctor-patient relationship has been defined differently through the years. In the beginning it developed into a common calling which meant doctors practiced medicine as a duty to their patients. Laws were developed to protect patients, therefore doctors used proper care and expert skill. In the past six centuries, medical malpractice has increased, which lead to revision and addition to the law. Liability was introduced along with the GIANT of all torts, negligence.
Methods of Execution One man's taking of another's life is generally seen as an unforgivable act which is punishable with death. When this is done as punishment however, it is seen as an honorary deed by removing this criminal from the world and making it a much safer place to live. With executions in mind, it is incredible what ingenious methods can be thought of by the human brain and the fact that the idea is centered around the murdering of one man does not even change how prodigious these i
Mitchell v. Wisconsin: Why Mitchell v. Wisconsin Sucked On June 11, 1993, the United State Supreme Court upheld Wisconsin's penalty enhancement law, which imposes harsher sentences on criminals who intentionally select the person against whom the committed..because of the race, religion, color, disability, sexual orientation, national origin or ancestry of that person. Chief Justice Rehnquist deliverd the opinion of the unanimous Court. This paper argues against the decision, and wi
Olmstead v. United States (1928) Opinion delivered by Chief Justice Taft Vote: 5-4 Case reached Supreme Court by writ of certiorari. Facts: The evidence in the records discloses a conspiracy of amazing magnitude to import, possess, and sell liquor unlawfully. Involved were not less than fifty employees, two sea-going vessels for transportation of the goods to British Columbia, a ranch beyond the city limits of Seattle with a large underground cache to store the liquor, and many other caches arou
Chris Moss vs. Dr. Terry Preece and the Edgewoord Unified School District May it please the court, counsel: My name is Zach Keeton and along with my co-counsel Chad Miller and Eric Page , we represent Mr. Chris Moss in this case. Your honor this is the case of Chris Moss Vs. Dr. Terry Preece and the Edgewood Unified School District. The evidence will show that Chris is part way through 12th grade, and in fact he can't even read. Your honor this is very alarming to us because of one simple fact:
Opinion on the Death Penalty The death penalty, also referred to as capital punishment, has been abolished in Canada since 1976, but still exist in a few American States. The last execution in Canada took place in 1962. I disagree with the death penalty for several reasons. My first reason is that I find it extremely inhumane to take someone's life in order to demonstrate the power of the law. Another reason for my disapproval of the death penalty, is the amount of money that it takes to put som
The Pros & Cons of the Death Penalty by Dusty Craine Due to the rapid increase in crime the past ten years and prison overcrowding, more attention has been drawn to the opinion that something has to be done to the United States Criminal System. We need to reevaluate the way we treat people we are convicted of unspeakable acts of merciless slaughter or even rape. The United States Justice System must be made solid again. Most people have an opinion on this heated subject. Some say we need it ot
Public Misunderstanding of Officer Safety How many times have you been pulled over by a police officer, and when the confrontation was complete you said to yourself, Boy, was he rude! or There was no need for him to treat me like that. Well, unfortunately, the public is prone to misinterpret an officer being safe for being rude. Unfortunately, the actions taken during a routine traffic stop which are interpreted as being rude are necessary steps that insure the safety of both officer and
The Effects of Race on Sentencing in Capital Punishment Cases Throughout history, minorities have been ill-represented in the criminal justice system, particularly in cases where the possible outcome is death. In early America, blacks were lynched for the slightest violation of informal laws and many of these killings occured without any type of due process. As the judicial system has matured, minorities have found better representation but it is not completely unbiased. In the past twenty years
Religion and Discrimination One might take the view that society should be tolerant to any religion so long as it conforms to our laws and written constitution. At first glance, this statement seems as fit an answer as possible to the question of societal limits to religious tolerance. Unofrtunately, if one were to consider the matter with more caution, one would eventually see that the statement could only be part of a greater answer. It is without a consideration of some of the elements which
The Right to Privacy by Robert Bork. Robert Bork's The Right of Privacy examined the landmark case Griswald v. Conneticut. Bork's originalist view proclaimed that Justice Douglas erroneously interpreted the right of privacy from the Constitution. The originalist view is that judges must strictly adhere to the language of the Constitution, thus people do not have a general right to privacy because it was never actually written into the Constitution. This view severely restricts judges in dealin
R. v. Keilty In the case R.v.Keilty the accused, Keilty, was charged and convicted of trafficking in narcotics. He then appealed to the Supreme Court of Canada on the grounds that the trial judge erred in law. The facts in the case were not disputed but the actual definition of possession under section 2 of the Narcotic Control Act was the issue. The appellant never actually did sell the narcotics nor did he at anytime have possession. It is illogical to convict a person of possession when they
Sexual Harassment Just 20 years ago, in most states a woman could not sign an apartment lease, get a credit rating, or apply for a loan unless her husband or a male relative agreed to share the responsibility. Similarly, a 1965 study found that fifty one percent of men though women were temperamentally unfit for management. There can be no doubt that we have progressed a long way from these ideas in the last three decades. However, it is also unquestionable that women in the work force are sti
Such A Good Boy: How A Pampered Son's Greed Led to Murder: Summary 18 year old Darren Huenemann of Saanich, British Columbia seemed to be a model student, friend, son and grandson. His mother Sharon called him the perfect gentleman, as did most of the community around him. When his grandmother Doris made out her will in 1989, she made it so her daughter Sharon would receive half of her $4 million dollar estate, and Darren the other half. At the same time Sharon updated her will to include Darr
Law of Precedent One of the major considerations on how someone is tried in a court of law depends upon the previous convictions of similar cases. This law of precedent (stare decisis) was founded hundreds of years ago as part of our common law. The literal translation of stare decisis is that like cases be decided alike. Precedents in law play a fundamental role in the judicial processes of Canada. From stealing a loaf of bread ranging to murder in the first degree, there are precedents for a
Stowaways Stowaways have been a problem to shipowners for about as long as there have been ships in the sea. In the early days of sailing ships and looser maritime legislation, this was a relatively minor problem. This probably had to due with the fact that the ships were smaller in comparison to today's standards, and were comparatively heavily crewed. Thus the chances for a stowaway to get on board and go undiscovered for any length of time were fairly small. Also in that age, the concept of
Students Rights in the Public School System I chose to do my report on students rights in the public school system. Lisa Rowe, then sixteen a student at Teaneck High School, in New Jersey, thought she was doing a good dead when she returned a purse she'd found in her English class. When she took the purse to the office instead of being rewarded she was told to step into the principals office and asked to pull up her sweater and pull down her slacks, and then she was searched. Why? In case she wa
Susan Smith In the blink of an eye, North America was informed of Susan Smith's tragic loss of her two young boys. No one would have guessed that such a violent crime could have occurred in a small town . Throughout the ordeal , police began to see the flaws in Susan Smith's story. This lead to suspicions, causing the police to make Susan Smith their prime suspect. Days later, Susan Smith confessed to the hideous crime she committed, leaving the nation in disgust. The actions of Susan Smith, whi
The Canadian Justice System v.s. Aboriginal People Topic: Be it resolved that the Canadian justice system be significantly changed. The Canadian justice system has failed the Canadian people. It has failed the aboriginal people of this nation on a massive scale. The flawed justice system has been insensitive and inaccessible, and has arrested and imprisoned aboriginal people in grossly disproportionate numbers. Aboriginal people who are arrested are more likely to be denied bail, spend less time
The Corruption of Power The United States Constitution reads: .congress shall make no law respecting...or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press;... (1st Amendment, 1791). The declaration gives one reason to believe that they are free in a country such as this, with the right to life, liberty, and the pursuit of happiness, (Declaration of Independence, 1776) otherwise known as property. However, there is more behind freedom than just rights; t
Our Living Shield: The First Amendment The authors of the Constitution of the United States created a magnificent list of liberties which were, at the time ascribed, to most people belonging to the United States. The main author, James Madison, transported the previous ideas of f undamental liberties from the great libertarians around the world, such as John Lilburne, John Locke, William Walwyn and John Milton. Madison and other previous libertarians of his time were transposed into seventeen di
Independence of Judiciary in Australia a) How is the independence of the judiciary guaranteed in Australia? While the Westminster system had largely developed because of the doctrine of separation of powers, the Australian system of government is largely based on the Westminster. This doctrine of separation of powers proposes that the three institutions of government, the legislature, the executive and the judiciary should be exercised as separate and independent branches. It is this doctrine th
The Paradox of Community “One can see that insiders are caught in the paradox of community: The same cultural vocabulary that undermines community is simultaneously that community's idiom of self-affirmation” (Greenhouse, et al. 175). In Law and Community, David M. Engel explores how ordinary people in a small, rural, Illinois town perceive the law, courts, litigants, and community. By analyzing the legal practices and relations in Sander County, it is evident that law and the courts play a cent
The Positive And Negative Effects of DNA Profiling Justin Broyles Apr. 12, 1995 Justice Theory Lance Miller Genetic engineering has developed and blossomed at a frightening rate in the last decade. Originating as merely an area of interest for scientists, genetic engineering has now become an area of which all people should be somewhat knowledgeable. DNA profiling has many uses, both positive and negative, in our society. Aside from its usefulness in many legal investigations, DNA profiling can