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Law and International Law

August 25th, 2019.

Business and Constitution

In the first provision of the United States, Constitution Coors was relying on to challenge the regulations and statutes. As they believed that mentioning about alcohol was true in all respect, and was not in clash with the first provision of the United States constitution, therefore, they have not committed any offence ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"waet5AUv","properties":{"formattedCitation":"(Fenning)","plainCitation":"(Fenning)","noteIndex":0},"citationItems":[{"id":2159,"uris":["http://zotero.org/users/local/s8f0QVnP/items/5U9E2JWH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/5U9E2JWH"],"itemData":{"id":2159,"type":"article-journal","title":"The Origin of the Patent and Copyright Clause of the Constitution","container-title":"J. Pat. Off. Soc'y","page":"438","volume":"11","source":"Google Scholar","author":[{"family":"Fenning","given":"Karl"}],"issued":{"date-parts":[["1929"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Fenning). They also believed that by mentioning about alcohol they have not mislead- or attempted to falsely guide anyone. For them, the first provision of the United States, constitution defends their legal perception.

Yes, by all means, the corporations working in the premises of the United States of America, possess the same rights of speech as how they are enshrined over to many humans living in the United States. Therefore, the government cannot impose any restrictions on any company regarding the freedom of speech ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"XQJvRj6c","properties":{"formattedCitation":"(Fenning)","plainCitation":"(Fenning)","noteIndex":0},"citationItems":[{"id":2159,"uris":["http://zotero.org/users/local/s8f0QVnP/items/5U9E2JWH"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/5U9E2JWH"],"itemData":{"id":2159,"type":"article-journal","title":"The Origin of the Patent and Copyright Clause of the Constitution","container-title":"J. Pat. Off. Soc'y","page":"438","volume":"11","source":"Google Scholar","author":[{"family":"Fenning","given":"Karl"}],"issued":{"date-parts":[["1929"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Fenning). Since companies during their formation conform too many legal aspect of United States constitution, therefore they are reciprocated the rights of speech, similar to those of individuals.

Compared to political, or non- commercial speech, commercial speech enjoys a limited or protected kind of communication according to the first amendment. But the commercial speech does not receive as much freedom as the non- commercial speech ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ctDCn6qV","properties":{"formattedCitation":"(Shiner)","plainCitation":"(Shiner)","noteIndex":0},"citationItems":[{"id":2161,"uris":["http://zotero.org/users/local/s8f0QVnP/items/XIQPG4HJ"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/XIQPG4HJ"],"itemData":{"id":2161,"type":"article-journal","title":"Freedom of commercial expression","source":"Google Scholar","author":[{"family":"Shiner","given":"Roger"}],"issued":{"date-parts":[["2003"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shiner). As the United States is recognized for its diversity and respect for all cultures and religions, therefore, complete freedom might impact negatively over the cultural or religious ethos of any specific community ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"1zWm0ecf","properties":{"formattedCitation":"(Shiner)","plainCitation":"(Shiner)","noteIndex":0},"citationItems":[{"id":2161,"uris":["http://zotero.org/users/local/s8f0QVnP/items/XIQPG4HJ"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/XIQPG4HJ"],"itemData":{"id":2161,"type":"article-journal","title":"Freedom of commercial expression","source":"Google Scholar","author":[{"family":"Shiner","given":"Roger"}],"issued":{"date-parts":[["2003"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Shiner).

In the legal row between the Coors and the federal government, the United States Supreme Court initially categorized beer label as a type of commercial speech and structured its interpretation to conform that classification ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"cRsFw3vW","properties":{"formattedCitation":"(Martin et al.)","plainCitation":"(Martin et al.)","noteIndex":0},"citationItems":[{"id":2163,"uris":["http://zotero.org/users/local/s8f0QVnP/items/NQWZKNFP"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/NQWZKNFP"],"itemData":{"id":2163,"type":"article-journal","title":"Alcohol content labeling and advertising: the Adolph Coors Company lawsuit","container-title":"Journal of drug issues","page":"949–958","volume":"22","issue":"4","source":"Google Scholar","title-short":"Alcohol content labeling and advertising","author":[{"family":"Martin","given":"Christopher S."},{"family":"Oade Jr","given":"K. Preston"},{"family":"Nirenberg","given":"Ted D."}],"issued":{"date-parts":[["1992"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Martin et al.). However, the government remained failed in proving an authentic and strong case against the beer company. Although, the government could have enjoyed a very strong say in preventing the ‘strength war’ among the alcohol companies.

Compared to other products offered by different sellers, the producers and sellers of alcoholic beverages have special ethical obligations for selling their products. Since such beverages might appear disgusting to people from certain religion or culture, therefore such companies pertain certain ethical obligations for sale of such beverages ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HYWlgRZo","properties":{"formattedCitation":"(Martin et al.)","plainCitation":"(Martin et al.)","noteIndex":0},"citationItems":[{"id":2163,"uris":["http://zotero.org/users/local/s8f0QVnP/items/NQWZKNFP"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/NQWZKNFP"],"itemData":{"id":2163,"type":"article-journal","title":"Alcohol content labeling and advertising: the Adolph Coors Company lawsuit","container-title":"Journal of drug issues","page":"949–958","volume":"22","issue":"4","source":"Google Scholar","title-short":"Alcohol content labeling and advertising","author":[{"family":"Martin","given":"Christopher S."},{"family":"Oade Jr","given":"K. Preston"},{"family":"Nirenberg","given":"Ted D."}],"issued":{"date-parts":[["1992"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Martin et al.).

Works Cited:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Fenning, Karl. “The Origin of the Patent and Copyright Clause of the Constitution.” J. Pat. Off. Soc’y, vol. 11, 1929, p. 438.

Martin, Christopher S., et al. “Alcohol Content Labeling and Advertising: The Adolph Coors Company Lawsuit.” Journal of Drug Issues, vol. 22, no. 4, 1992, pp. 949–958.

Shiner, Roger. Freedom of Commercial Expression. 2003.

Pace Act 1984

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Name: Edwige Wakuna

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Assignment title/question: PACE Act 1984

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“This assessment consists of my own work, save that any part which is not my own work has been cited as such and attributed to the author. I am aware that University regulations relating to plagiarism apply. No component of this work has been submitted in support of any application for another qualification in this University or elsewhere.”

Signed:

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152400381000Completed front cover

1524003048000Table of cases:

A list of all the cases you have referred to in your assignment. You must include the full case citation. Example: Partridge v Crittenden [1968] 1 W.L.R. 1204

152400-1079500Table of statutes:

A list of all the legislation you have referred to. Example: Criminal Evidence Act 1898

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The main body of the assignment should be at least 1.5 line spaced to allow for marking (double line spaced maximum). Work must be in one of the following fonts: Times New Roman, Arial, Cambria or Calibri. Work must be font size 11 or 12.

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PACE Act 1984

Overview

The Police and Criminal Evidence Act is based on the recommendations provided by the Royal Commission on Criminal Procedure . Primarily, the PACE Act gives the power to police to stop and search, arrest, search the premises, question, identify the suspects, and record the interview. In most of the countries, a warrant issued by the court is required to search or seize. But if there is a risk of losing a suspect or a loss, the need for a warrant can be ignored. There is a total of twenty-one acts that grant the police the power to stop and search. Some acts like the PACE Act, the Firearm Act, and the misuse of Drugs Act are commonly used while some are rarely employed. The stop and search are practiced based on PACE act is frequently used but most of them are not followed by the arrests. The PACE Act made it compulsory for the police to audio record all the interviews of suspects, ensure suspects their right to legal representation, and placed a limit on detention before the charge. PACE Act was the outcome of the growing criticism from the judiciary and public on police misconduct. The criticism peeked to even a higher level when the famous case victims like Birmingham Six and Guildford surfaced. It is a well-known fact that the regulation of police control and power is intricate in practical life. The police must be provided with the indistinct guidelines and elasticity in attitude. A police officer must be ready to respond promptly when facing a potential offense, but then again, they should also follow the rules which guarantee that evidence has been obtained through the valid sources and legal procedure. The PACE Act has been passed for this specific reason to set the right balance authority and powers of the police and the civil liberties. This Act not only provides a guideline to protect the rights and freedom of the public but also states the situation and extent up to which the police can use authorities against the civil liberties for the proceeding of criminal justice. It is important to point out the situation where the use of police power becomes critical. The police brutality can be effectively controlled if the police are also aware of the limitations of police power. This will let the true purpose of the act to be fulfilled. The European Convention on Human Rights (ECHR) has also majorly described the satiation when the infringement of civil rights is acceptable in a similar fashion, but the acceptance and attitude towards the PACE act are remarkable.

Compliance with legislation

The PACE Act 1984 was primarily passed to keep a check on the police community because of the well-known fact that the miscarriage of justice originates from the police investigation. The main focus of the statute was to regulate and professionalize the police community. Through this, the act would correct the public insight of dishonest and ineffectual police force in the United Kingdom. It has been discussed on several occasions that when the trust of the public in the police is developed, the public starts to trust the entire justice system. On the other hand, while the public views the police as corrupt, they assume that the whole criminal justice system is corrupt and dishonest to them . So, this act was formulated for the awareness of the public that the legislation must not overlook the rights of pubic when dealing with the individuals involved in the criminal justice system. Different circumstances, flaws in the legislation, attitude of the authorities and mainly the conduct of police-community was the reason that the public developed a poor view of the English Justice system. However, the courts that could not prevent the police brutality were also the reason behind this perception. When in 1984 the PACE Act was introduced, it placed responsibility for courts to make sure that police follow the proper legislative procedure and victimization of the public can be ended. The judiciary was able to execute this through the power to reject a piece of evidence that could hinder the provision of justice to the public or was obtained through violation of the legislature. It can be reasoned that the common law had recognized and approved an alike judicial decision. But that provision was limited to confessions, and evidence obtained from the suspect after crime had occurred. The provision of PACE, on the other hand, is much diverse and applicable to almost every evidence.

The Criminal Process and PACE act

The practice of stop and search is thought to be critical in modern-day policing. Moreover, it also reflects the relations between police and community .

Impact on minority ethnic communities

The purpose of Act was to improve the relationship between people and the police. Instead, the concerns are raised about rights violations of minority ethnic communities. A police officer stops a person or group of people based on either evidence or enough suspicions. However, it has been observed that people belonging to different minority ethnic communities are targeted in search and stop practices. This leads to a miscarriage of justice and racial discrimination. Not only in UK but in many countries of the world, torture has become a routine at the police stations where the police use it for forceful extraction of confessions or some related information from suspects or accused who do not willingly disclose the information . The evidence suggests that the police are exercising power disproportionally to stop and search people in a discriminatory way. Most of the time, it is concluded to be inefficient and waste of resources and time. In March 2010, the Equality and Human Rights Commission published a report that stated that the disproportionality ratios among black-white and the Asian-White had been observed constantly for the past five years. The report showed that there were a total of 22 stops and searches per thousand people in 2007-2008. When critically analyzed, the highest rate recorded was for the black. According to a survey in England and Wales, a black man is 40 times more likely to be stopped and searched as compared to the white people . The second-highest rate recorded was for the Asian.

Most of the searches conducted lie under the Police and Criminal Evidence Act (PACE). The Equality and Human Rights Commission is of the opinion that these stops and searches can be categorized as unlawful, discriminatory, and harmful for the relation between and among the diverse communities.

Ken Hinds is a conflict engagement specialist and member of the Haringey black advisory group. This group earned the Safer Communities award 2010 when competing for the most dedicated volunteers in the justice system. Ken shared his experience of being stopped and searched and assumed to be criminal. According to him, he has been stopped five or six times yearly, since he was a teenager. He describes that the police begin with a similar question and then start a search. He is usually told that he matches the description of the reported crime. He filed a case against the British Transport Police for false imprisonment and malevolent prosecution for an incident of May 2004. He saw that the police stopped and searched for a young black man. He thought that the young man might require a witness later, so he stayed there. However, he was arrested for threatening and offensive conduct. In 2005, the case went to trial and the charges were dismissed. He received compensation as well as the apology after High court trial .

In the analysis of January 2019 directed by the Guardian, the Metropolitan police increased the of stop and search executions past year. The practice rose to 19% among the black population of London and they are targeted significantly higher as compared to the white population. However, it is also concluded from the report that very few searches of Black people result in the detection of crime when compared to the searches of white people. Most of the stops of black people result in no offensive activity .

Impact on young people

The young people also face adverse situations when stopped or searched without a valid reason. Many cases have been observed where the police have stopped and search the young people and were unable to provide a reasonable ground for the action. In one of the recent cases, an unmarked police car mounted the roadway in Waltham Forest, which made a group of young black teenagers run away. The police detained them without any valid reason for suspicion . In another case, the police, with use of a taser, threatened an Asian teenager and then compelled to stay on the ground in Brixton. In response, the father went to the police station to file a complaint where he was told that no record of such incident occurs .

It is observed that those young people who face such situations are ore likely to be indulged in criminal activities as they grow up because the harsh realities impact negatively on their mindset.

Impact on socio-economic groups

According to many researchers, the perceptions and views of police are based on the understanding of the judicial and political systems, which hugely affects the people in the weaker socioeconomic background . The studies reveal that the powerless and underprivileged face the abuse of police power. These disparities are recorded by different researches and studies. They show that people with lesser power are known to be the victim of ill practice of the search and stop as compared to those who have a larger social circle and wealthier background. Poverty can be one of the reasons that drives violence in community, but this does not denote that every poor person commits crime or has offensive attitude. Moreover, it is observed that in communities where the poor face the negative impact of the police power tends to be drawn towards criminal activities more. It is because eth discriminatory execution of stop and search powers aggravate the situation.

People with low-income, who also belong to minority or ethnicity tend to be a much higher risk of becoming the victim of abuse of police power to stop and search. They are profiled, arrested, fined and harassed even without the reasonable ground of suspicions. The victimization of underprivileged occurs at intersectional repressions of gender, race and socioeconomic class. The reason is also that they are not able to afford the higher amounts of bails and fees of a defense attorney or contact with people in power.

Fairness and Effectiveness

The Legal use of police powers for stop and search has proven to be effective in Cleveland and Staffordshire where it has been observed that the practice of stop and search has reduced the crime rate. But it is important to realize that in these cases, the respect to human rights played a vital role in making the cities safer .

From several incidents, the question arises whether the statutory powers of the police are employed for the farewell of the public or otherwise. PACE is recognized as an effective tool to ensure that the police do not abuse the powers given to it by legislation and the civil liberties are protected as mentioned in the Constitution.

There are cases and court rulings which depict that the PACE act ensures the rights of every civilian without discrimination. In Osman V Southwark Crown Court, the defendant filed an appeal against his conviction for assaulting a police officer who was searching him. He stated that the officer did not provide him his details before he began the search. He complained of unlawful assault by the officer. The police officer must provide his details including name, number, and station, otherwise, the search is unlawful. The court held that the search, in this case, was unlawful as the officer did not follow the search laws properly . In another case, Mark Richardson V Chief Constable of West Midlands, a teacher who was voluntarily present at a police station, because he was accused of assaulting a student, was arrested and detained. The constable arrested him because he suspected that the teacher might leave while being interviewed. The court held that he was wrongly imprisoned as the police officer was not able to justify that his arrest had any solid grounds. The PACE 1984 s.24(4) act makes it compulsory to make an arrest only when if there is a valid reason . The accused teacher received the reward for damages.

In Linehan V Director of Public Prosecutions, the court ruled in favor of the Applicant who was charged for the assaulting constable on duty when he refused the entry of police in his property. The son of the applicant was arrested for burglary and the officers proposed to search the premises to find the stolen items of burglary. The court allowed the applicant to appeal because the officers did not explain the reason for entry .

In O’loughlin V Chief Constable of Essex, a reported was filed by a neighbor stating that Mrs. O’Loughlin damaged neighbors’ car. The police arrived and tried to enter the house forcibly. When the issue was raised in Court, the court decided that the officers were not allowed to enter a house forcibly without explaining the reason for entry first .

There are cases where it was ruled that the police implemented the act properly. In Keegan and others, V Chief Constable of Merseyside, police followed by the armed raid searched for a fugitive after they had received false information. The petitioner resident appealed for the recovery of damages. It was held by the court that the tort of malicious attainment of a search warrant requires that the absence of the probable cause for the demand of search warrant is established or any inappropriate motive is justified. In this case, even the information was false, but it does not prove that the warrant was obtained unreasonably. There may be some instances where it was established it was not reinforced here. In this case, the entry was legal because of the attainment and execution of the warrant .

However, some uncertainties are existing in the Act which requires the Court Judges to reconsider if the wording of the PACE Act meets the ‘quality of law requirement’. In S. and Marper v. the United Kingdom, the courts decided that it is not legal to retain the DNA samples of the individual who have been accused but were acquitted not convicted later . The PACE Act permits the retaining of information for the prevention of crime in the future. The court decided that in this case the private rights of the civilians are violated through the retention of personal information as they were proven innocent.

The police with sufficient training and knowledge of the professional and lawful investigation have the potential of assaulting people. This results in the inability of police to guard public from the real offender, instead, police violate the rights of the public.

Public View

The HM Inspectorate of Constabulary directed to conduct a survey to learn about the perception and knowledge of people about the execution of stop and search. The survey produced responses of 19,078 civilians belonging to a wide range of ages, regions, genders, socio-economic groups, races and ethnicities of England and Wales. The survey showed that 92% of the people were aware of execution of stop and search by the police. About 55% of the people approved that they felt safer after the practice of stop and search. However, 13% people disagreed with it. A little less than half of these participants stated that their trust in police community has increased. The survey validates that people usually supports of power of stop and search for protection of community. Another strong perception between the people (almost 80% participants) was that police use the power of stop and search to convict criminals and reduce the crime rate.

Training

The training of the officer to perform their duties well according to the legislation is the most critical notion. When the cases of abuse of police power rise, it is observed that the training of officers is inadequate to understand the constitutional powers or use them. It is also seen that they were not able to understand the importance of reasonable grounds for the arrest or even suspicion. It is important to assess the effects of the execution of search and stop on the people belonging to different communities. All in all, the police officers must fully understand the use of stop and search powers to halt the crimes and reduce the delinquency rate. Not only the training is important, but the supervision also plays a significant role in the proper conduct of duties. Without supervision, the officers may not be able to understand the expected outcomes and common practice in a specific region. A proper supervisor of the officer when training is also important because there have been cases in which the supervisor pointed out the issues like the absence of details on the reasonable grounds required for the suspicions. These skills are usually learned by the officer during duty and by observing the superior officers. If a wrong practice is developed by the senior authorities, this affects the hierarchy of the police. For this reason, it is vital to standardize and professionalize conduct of stop and search. During the training, the officer learns the proper method, legislation and disciplinary action that be taken in case of violation of the PACE act. Through professional and proper training, the police officers can maintain balance between their authorities and the civil rights.

Use of technology

There exist abundant opportunities for the use of technological devices which will reduce the amount of work an officer will have to do as well as increase the effectiveness of the police powers. Police departments are considering the use of cameras which are mounted on the clothing of officer. The camera will gather the evidence which will be critical in case of violation of laws from the police or the public. According to the researches, the use of cameras improves the conduct of police as well as public, resulting in lesser cases of police victimization .

Conclusion

The purpose of strengthening the police community is to ensure the rights of people. But the investigative powers must not be abused that the rights of people they aim to protect are infringed. However, at times the police infringe certain rights for the protection of the majority. In this relation, the lower socioeconomic groups or powerless people are more likely to be targeted and face discriminatory behavior. The core aim of the PACE Act was to prevent the infringement of civil rights. Although, PACE act serves as an integral part for everyone linked to the criminal justice system. The Justice System of England has been labeled prejudiced for a long time. But this Act has improved the situation and raised the trust level of the public in the police community. The discrimination against different communities has been uncovered and the victims are relieved through court decisions. But there is a dire need to address these concerns related to discrimination to halt the miscarriage of criminal justice any further.

Statutes

Police & Criminal Evidence Act 1984

Criminal Justice and Public Order Act 1994 60(5)

The misuse of Drugs Act of 1971

The Firearm Act 1968

Police Act 1996 89(1)

European Convention on Human Rights (ECHR)

Cases

Osman V Southwark Crown Court [1999] EWHC Admin 622

S v United Kingdom [2009], Marper v United Kingdom [2009] 48 EHRR 50; [2009] Criminal Law Review 335

Richardson v Chief Constable of West Midlands [2011] EWHC 773 (QB)

O’loughlin V Chief Constable of Essex [1997] EWCA Civ 2891, [1998] 1 WLR 374

Keegan and Others V Chief Constable of Merseyside [2003] EWCA Civ 936, Times 17-Jul-2003, Gazette 11-Sep-2003, [2003] 1 WLR 2187

Linehan V Director of Public Prosecutions [1999] EWHC 4005 (Admin)

Bibliography

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Brown B and Reed Benedict W, ‘Perceptions of the Police: Past Findings, Methodological Issues, Conceptual Issues and Policy Implications’ (2002) 25 Policing: An International Journal of Police Strategies & Management 543

Delsol R and Shiner M, ‘Regulating Stop and Search: A Challenge for Police and Community Relations in England and Wales’ (2006) 14 Critical Criminology 241

editor MT home affairs, ‘Police Accused of Abusing Easier Stop and Search’ The Observer (14 April 2019) <https://www.theguardian.com/uk-news/2019/apr/14/stop-and-search-metropolitan-police-sajid-javid> accessed 30 January 2020

‘Keegan and Others v Chief Constable of Merseyside: CA 3 Jul 2003’ (swarb.co.uk, 6 April 2019) <https://swarb.co.uk/keegan-and-others-v-chief-constable-of-merseyside-ca-3-jul-2003/> accessed 30 January 2020

‘Linehan v Director of Public Prosecutions: Admn 8 Oct 1999’ (swarb.co.uk, 6 February 2019) <https://swarb.co.uk/linehan-v-director-of-public-prosecutions-admn-8-oct-1999/> accessed 30 January 2020

Murphy N, ‘The Role of the Solicitor at the Police Station’ <http://krw-law.ie/wp-content/uploads/2017/05/The-Role-of-a-Solicitor-in-the-Police-Station-PACE-IPLS-8.3.17.pdf> accessed 28 January 2020

‘O’Loughlin v Chief Constable of Essex: CA 12 Dec 1997’ (swarb.co.uk, 19 March 2019) <https://swarb.co.uk/oloughlin-v-chief-constable-of-essex-ca-12-dec-1997/> accessed 30 January 2020

‘Osman v Southwark Crown Court: Admn 1 Jul 1999’ (swarb.co.uk, 23 March 2019) <https://swarb.co.uk/osman-v-southwark-crown-court-admn-1-jul-1999/> accessed 30 January 2020

Packer H, The Limits of the Criminal Sanction (Stanford University Press 1968)

Police VD and correspondent crime, ‘Met Police “disproportionately” Use Stop and Search Powers on Black People’ The Guardian (26 January 2019) <https://www.theguardian.com/law/2019/jan/26/met-police-disproportionately-use-stop-and-search-powers-on-black-people> accessed 30 January 2020

‘Pretrial Detention and Torture: Why Pretrial Detainees Face the Greatest Risk’ (Open Society Foundations) <https://www.justiceinitiative.org/uploads/4c3491a1-f7a1-48b2-9afd-3cd0a4f220f6/pretrial-detention-and-torture-06222011.pdf> accessed 30 January 2020

‘Stop and Search Powers: Are the Police Using Them Effectively and Fairly?’ (HMIC 2013) <https://www.justiceinspectorates.gov.uk/hmicfrs/media/stop-and-search-powers-20130709.pdf> accessed 30 January 2020

‘Stop and Think: A Critical Review of the Use of Stop and Search Powers in England and Wales’ (Equality and Human Rights Commission) <https://www.equalityhumanrights.com/sites/default/files/ehrc_stop_and_search_report.pdf> accessed 30 January 2020

Townsend M, ‘Black People “40 Times More Likely” to Be Stopped and Searched in UK’ The Observer (4 May 2019) <https://www.theguardian.com/law/2019/may/04/stop-and-search-new-row-racial-bias> accessed 28 January 2020

MARK RICHARDSON v CHIEF CONSTABLE OF WEST MIDLANDS (2011) (Court of Appeal Civil division)

S and Marper v the United Kingdom (GC)

Peer Reviewed

Peer reviewed post—response

Before reading this post, I decided to analyze it with the utmost criticality however I could not find any point to question the validity of information presented in it. This is because the author developed arguments in the most reasonable manner and settled them on the logical and rational grounds of preexisting literature. He presented that stress is the crux of all the adverse mental deteriorations in the individuals regardless of their profession.

The behaviorist school of thought propounded the most intriguing yet compelling notion that human personality is the product of its ongoing experiences—good or bad in nature. Good experiences lead us to develop constructive and healthy personality whereas negative life experiences have the potential to develop unhealthy and maladjusted cognition and behaviors. Experiences might be of two types; mastery and vicarious. Mastery experiences are our personal experiences whereas vicarious experiences are obtained from observing others.

As far as police officers are concerned, they encounter devastating vicarious experiences ranging from murder, violence, rape and other scathing events that they find hard to unplug from their mind even after their working hours are finished. However, their subculture does not allow them to act mentally fragile and exhausted and they are forced to repress their emotions and frustrations, pushing them in their unconscious that leads them to develop immense chronic stress. The author explained it quite well with the help of in-text citations.

He argued that police profession itself acts as a strong determinant of suicide behavior due to the above mentioned reasons however it is worth noting that this topic lacks sufficient research validity because of a wide literature gap that is prevalent. The need of the hour is to conduct more researches on this topic and develop psychological techniques and interventions for the professional assistance of in-crisis police officers and educational programs for newly appointed officials.

Peer Reviewed

Law and International Law

Peer reviewed

After doing an analysis on the assignment provided to me, I realized that I might have contradictory opinions as far as evaluating Carl’s actions was concerned I am a staunch believer in the rule of law, and that it must be abided under any circumstances. I believe that changing the laws and regulations and making an exclusion for any particular person like Mike (regardless of how minor the crimes are) speaks very much about the deteriorating state of law and order in our country. I negate the belief that Carl was justified in letting Mike off the hook as only to ascertain good ties and a good image in the community he was living in as such an approach gives birth to the very definition of nepotism and injustice in the society.

Even though intentions of Mike might not have been to hurt or kill someone but the sheer neglection of law and rules made show the exact kind of individual he is. Letting such reckless people so easily off the hook tells them that there is no risk in repeating the misdemeanor again. When Carl started the professional career as a policeman, he took a vow to protect all the people and not put his personal interests in the way of his duty. Hence, I don’t believe that not punishing Mike for driving while drunk could keep the community safe any way, in fact such an approach exists only to serve the purpose of Carl only.

The history has shown many times how when people put their own needs and interests above their duties and responsibilities, the results were very damaging for the society. So, I believe that the approach here should be to nip the evil in the bud and punish the perpetrator with some probation or any minor fine to teach him the cost of repeating such actions again and putting the lives of others at risk.

Peer Reviewed

Peer Reviewed

Name of the Writer

Name of the Student

Peer Reviewed

In this piece of writing, the writer focused on analyzing two topics that seemed to attract his attention in chapters 1-6. These chapters provide information on Policing and Policing Policies. Out of the information provided by this chapter, the writer chose to write his analysis on Selection of Officers and The Nature of Police Misconduct and Corruption.

In the first topic, the basic requirements for recruiting an officer into the police force have been discussed. These involve a series of basic tests that determine the basic eligibility of any candidate. This piece of writing gives an example of the New York Police Department and their requirements for joining including age and education. The second part of this article focuses on the Nature of Police Misconduct and Corruption, in which a brief explanation of the different terminologies used to describe when Police Misconduct has been done. The writer also analyses how there is deficit in trust between the public and the police due to their use of excessive force. While also having individuals within their ranks that do their job at the best of their ability.

In the first part of this work, the writer has only given a general idea of the basic requirements related to joining the police force. But the writer could also have added selection requirements from police forces in other states or in other countries. This would have shown that the writer in pursuing his interest in this topic has gone above and beyond in order to critically analyse the selection process of police officers. The second part is well written and is well structured in regards to the information available to the writer. The Nature of Police Misconduct and Corruption could have been more emphasized on if the writer linked incidents that happen in our daily lives that reflect why there is a loss of trust between the police and the general public that they are sworn to protect.

Peer Reviewed

Peer Reviewed

Name of the Student

Name of the Writer

Peer Reviewed

The article ‘Policing Module’ refers to the ways that can be used to control misconduct and criminal activities perpetrated by the police officials themselves. Policing Module refers to three methods forwarded by Burns to control miscreant activities of Police officials. These are early warning systems, turning and integrity testing. This paper further supports these methods by taking case studies of Hong Kong Police Force (HKPF) and the New York Police Department (NYPD), who have implemented these different methods.

Further analysis is conducted of the different results obtained from the implementation of these methods in the HKPF and the NYPD. It delves into the reasons behind unlawful actions committed by police officials and how their training and the current system in place has either failed them or is hindering them from fully performing their duties. The differences between the methods employed by the HKPF and the NYPD in handling corruption scandals of their personnel has also been discussed in this piece of writing.

The work done in Policing Module is exceptionally well articulated and has a well-organized structure. It keeps the flow of information relevant while jumping from paragraph to paragraph. This is visible by looking at how the writer has structured his/her work by firstly explaining what three methods are, how they are being used in the HKPF and NYPD and what results were obtained from the implementation of the said methods. The writer could also have included a sort of ‘control’ subject where these methods have not been used and compare the results of the above two police forces to get a more clear view of the methods employed had any real effect. This work could have been even more enticing to read if it were to include real-life examples from the two said police forces resulting from the unfair implementation of these methods.

Personal Reflection - Part One

Personal Reflection - Part One

[Name of the Writer]

Institutional Affiliation(s)

Author Note

Personal Reflection - Part One

Natural Law

Natural law is a theory in ethics and philosophy. It says that human beings possess some intrinsic values that help to govern reason and behavior. It is a precursor of decisions in terms of right and wrong. This law infers that human beings have an intrinsic ability that can help them govern their actions in the light of reasoning and the right behavior ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3CoiMAGE","properties":{"formattedCitation":"(Hill, 2020)","plainCitation":"(Hill, 2020)","noteIndex":0},"citationItems":[{"id":582,"uris":["http://zotero.org/users/local/6bWeQAmN/items/X5BAAJ7E"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/X5BAAJ7E"],"itemData":{"id":582,"type":"chapter","container-title":"Adam Smith’s Pragmatic Liberalism","page":"55–91","publisher":"Springer","source":"Google Scholar","title":"The System of Natural Liberty and the Science of Welfare","author":[{"family":"Hill","given":"Lisa"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hill, 2020). Natural law can help to regulate both personal and professional life because I see it as a tool that can help to differentiate between both moral and immoral tendencies. In my professional life, I use natural law to inform and incorporate justice in action such as violence, murder and other such actions that are against the natural inclination to live a good and innocent life. One of the common examples of the use of natural law to regulate professional life can be observed in reforming the practices that question natural laws, equality and equity. It means staunch support to mitigate the creed system and racism. In addition, natural law forbids killing others, no matter what the circumstances are. The analysis of my experiences has made me a strong believer of natural law because I think this law is an abstraction that can keep the world going. It is a natural motivation to speak for something and I have experienced it many times, in many small things as well such as abusing a black person or doing intentionally ill to someone with whom we have personal grudges. Today, I am not afraid to speak for human rights and I strongly condemn all the human slaughter in the world because I have realized that it might lead to guilt somewhere in the heart and essence of being answerable to divine powers.

The other aspect of natural law is, the rules of right and wrong are inherent in people, they are neither created by society nor developed by the courts and judges. This aspect has a strong impact on my personal life. In our daily life, there are a lot of situations in which we see and observe unfair things, and leave them unnoticeable. Natural law is a hope for a positive world that can help me realize a sense of responsibility, which behooves me to take into account all human and animal rights. Natural law guides me in maintaining that every human being deserves respect, my abilities are supported for those with disabilities and I should make sense of my abilities to push the suppressed rather than oppressing them down to death. One example is that of addicts, seen roadside. Natural law infers that although he has done wrong, he should be given a chance of improvement. In the same way, natural law helps me make choices, that are not guided by personal benefit or the stance of being cruel such as I should not go hunting because it might lead up to the death of an animal for my pleasure which is against the natural law.

In a nutshell, natural law is more like a code of conduct that regulates both personal and professional life, because these laws are inner voice, which define the how and why questions. I see natural law as a motivation to life a responsible and positive life.

Positive Law

In contrast to natural laws, positive laws are presented. The major difference lies in the fact that positive laws are human-made laws and they tend to oblige and specify actions. Positive laws tend to describe the establishment of specific rights of an individual or a group ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"SX4dB040","properties":{"formattedCitation":"(De Secondat & De Montesquieu, 2019)","plainCitation":"(De Secondat & De Montesquieu, 2019)","noteIndex":0},"citationItems":[{"id":584,"uris":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"itemData":{"id":584,"type":"book","publisher":"e-artnow","source":"Google Scholar","title":"The spirit of the laws","author":[{"family":"De Secondat","given":"Charles"},{"family":"De Montesquieu","given":"Baron"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (De Secondat & De Montesquieu, 2019). The difference between natural law and positive law is found in the stance that positive laws are meant for a certain time frame, or a particular place. It also comprises some statutory laws or case laws. In contrast, natural laws are global and universal because these laws are not confined by any kind of legislation but these laws are proposed by God, nature or human reasoning abilities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ELHY4zLN","properties":{"formattedCitation":"(De Secondat & De Montesquieu, 2019)","plainCitation":"(De Secondat & De Montesquieu, 2019)","noteIndex":0},"citationItems":[{"id":584,"uris":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"itemData":{"id":584,"type":"book","publisher":"e-artnow","source":"Google Scholar","title":"The spirit of the laws","author":[{"family":"De Secondat","given":"Charles"},{"family":"De Montesquieu","given":"Baron"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (De Secondat & De Montesquieu, 2019).

Adhering to these approaches, it is highlighted that positive law can have a strong impact on both, personal and professional life. Taking into account my professional life, positive law guides me in terms of code of federal, state as well as local laws. The legislative orders, executive decrees, and different administrative regulations are the hallmark of positive laws that are formulated to guide the actions of a particular city or state. Being a citizen, I am fulfilling all the federal and local laws with a belief that these laws are security of my safe and positive social life. Also, I always adhere to the regulations with an aim that these laws, if not followed might lead to serious issues, either in the form of fines or restrictions. A flashback of my experiences is a lesson for me because I have read and seen a lot of examples of the practical approach of positive law such as The Patient Protection and Affordable Care Act which tends to facilitate all the American with better health opportunities without any kind of segregation or disparity. On the same board, I obey all federal laws that have played a central role in my daily life decisions and guiding my practices such as following the rules of university libraries, following tax laws and adhering to Civil Rights as well.

The analysis of the personal life highlights that positive law is both, a threat as well as a welfare approach to regulate my actions. I am bound to never choose some ways or do some things because I know that those actions are prohibited by the law, and I will be punished for such negative actions. I am taught that there are punishments for such actions. So, positive laws always help me to guide others, to give them justice or to help others seek justice by reporting something if it is not right.

Thus, positive law is a more specific and particular code of conduct that is meant for the place in which I’m living and I have to abide by it to sustain my positive image in society. Positive laws are working efficiently to ensure that all my duties are performed and obligations are fulfilled.

Tort Law

A tort in common law jurisdiction is defined as an area of law that covers different civil suits. Under tort law, it is highlighted that every claim in the civil court, except for the contractual disputes falls under tort law ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4zt8cWI5","properties":{"formattedCitation":"(Wang, 2020)","plainCitation":"(Wang, 2020)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"itemData":{"id":587,"type":"chapter","container-title":"On the Constitutionality of Compiling a Civil Code of China","page":"83–117","publisher":"Springer","source":"Google Scholar","title":"Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example","author":[{"family":"Wang","given":"Zhu"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wang, 2020). The aim of this law is to redress the wrong that is done to someone and to provide relief from any kind wrongful act. The stance of wrongfulness is addressed by awarding some kind of compensation or any kind of monetary damage. However, the law tends to provide compensation for any kind of proved harm. There are three major categories of tort law, such as negligent torts, strict liability tort, and intentional torts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0bcEs8rY","properties":{"formattedCitation":"(Wang, 2020)","plainCitation":"(Wang, 2020)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"itemData":{"id":587,"type":"chapter","container-title":"On the Constitutionality of Compiling a Civil Code of China","page":"83–117","publisher":"Springer","source":"Google Scholar","title":"Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example","author":[{"family":"Wang","given":"Zhu"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wang, 2020). All these categories are the sources of information, which can impact both professional and personal life. The law has modified and changed both, my personal and professional life.

Taking into account my personal life, I see that under tort law, I am a careful citizen and a well-learned social being. I have learned that if I have done any kind of harm and loss to someone I have to pay for it in any of the ways and if I will not do it, I will be facing some legal actions. This law is followed whenever I get into some kind of accident either it is a bicycle accident or a car accident or there is any kind of medical malpractice. Tort law is a two-way procedure, sometimes I am at the giving end and many times I am at the getting end. If someone does wrong to me, I am paid by the others either financially or material compensation and if someone is harmed by me, I pay them or compensate them.

My professional life has a lot of examples, concerning this kind of law. It is highlighted that at my workplace, I have seen breach of duty and other causations and injury cases. All such experiences both, directly observed or experiences have directed me to follow some set rules and regulations. I am obliged to some rules, if I’m hired somewhere I know that the hirer also has some responsibilities. Tort law is more like workplace security or it is a law that maintains balance in my life because I know that there is a payback to everything, no matter at what place I am and what I am doing.

Tort law has imparted a sense of responsibility to both, my personal and professional life but this sense of responsibility is embellished with a sense of security as well. I am afraid of beaching but I am confident about the actions that are right as well. I am not afraid to work for my organization because I have a flashback that the company will be supporting me if I will be injured or harmed in any way.

Contract Law

Contract Law is defined as a body of law that is related to make and enforce some kind of agreement. Contract is defined as an agreement between two parties that can help them agree on some actions and viewpoints so as to enforce the business or make changes that can prove effective for both parties ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Z8jJCi1U","properties":{"formattedCitation":"(Kraus & Scott, 2020)","plainCitation":"(Kraus & Scott, 2020)","noteIndex":0},"citationItems":[{"id":589,"uris":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"itemData":{"id":589,"type":"article-journal","container-title":"Southern California Law Review","source":"Google Scholar","title":"The Case Against Equity in American Contract Law","volume":"93","author":[{"family":"Kraus","given":"Jody S."},{"family":"Scott","given":"Robert E."}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kraus & Scott, 2020). Almost all the businesses are guided and completed under the set pattern of contract laws. It wouldn’t be wrong to call this law as a social law because it facilitates daily life proceeding and actions. It also be called a market law because it has facilitated me making professional decisions and acting on something that can maintain a peaceful relationship between businessmen. It is a measure of confidence, fair play, and will, that are the major characteristics of a long term and positive contract ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4PjRgLy6","properties":{"formattedCitation":"(Kraus & Scott, 2020)","plainCitation":"(Kraus & Scott, 2020)","noteIndex":0},"citationItems":[{"id":589,"uris":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"itemData":{"id":589,"type":"article-journal","container-title":"Southern California Law Review","source":"Google Scholar","title":"The Case Against Equity in American Contract Law","volume":"93","author":[{"family":"Kraus","given":"Jody S."},{"family":"Scott","given":"Robert E."}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kraus & Scott, 2020). Contract law has a highly positive and influencing impact on both, my personal and professional life.

My past experiences highlight that contract law has faced me from a lot of negative people and unfair businessmen many times. This law has guided me to play fair, as it is the only tool for success. In my professional life, contract law has helped to make sure that the deals that I am making are good for me and it is out of any kind of manipulation and unfair act. In addition, there are a lot of people who are new to the business and they usually get into unfair deals, so I have used contract laws to teach them about the attributes of the contract and what are the elements of a fair contract. Also, whenever I make a contract, I make sure that I am following all the propositions of the contract law and the other party is also adhering to it. Thus, contract law is more like a support system that tends to facilitate fair business dealing and it is one of the codes that can be used to trace the unfair deals and judge the fair elements of a business. The law is more like a coverage so business that can make a business free of trust issues and manage expectations.

In my personal life, contract law is something that can help me deal with all the scenarios of life. Contract law is not just confined to businessmen but in our daily life we make several contracts and contract law is made to regulate all the daily life decisions. Contract law helps me to navigate my decisions such as the commitments with the house owners and as well with other dealers. In the same way, the contract always helps me get paid and minimize disputes and problems. The contract law helps me avoid liabilities and protect intellectual property as well. So, contract law tends to secure and save social dealings by incorporating an equal say from both sides and incorporating a clear process so that there are fewer chances of being betrayed or being manipulated. In addition, it also tends to keep great businessmen to stay true to their words so that there are rare chances of being overpowered by the impact of money and other resources.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY De Secondat, C., & De Montesquieu, B. (2019). The spirit of the laws. e-artnow.

Hill, L. (2020). The System of Natural Liberty and the Science of Welfare. In Adam Smith’s Pragmatic Liberalism (pp. 55–91). Springer.

Kraus, J. S., & Scott, R. E. (2020). The Case Against Equity in American Contract Law. Southern California Law Review, 93.

Wang, Z. (2020). Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example. In on the Constitutionality of Compiling a Civil Code of China (pp. 83–117). Springer.

Plessy V Ferguson

[Name of the Writer]

[Name of Instructor]

[Subject]

[Date]

Plessy V Ferguson

Case Name, Citation, and Author:

Plessy v Ferguson,163 US 537 (1896),Henry Billings Brown

Procedural History:

The decision of judge Ferguson was appealed by the committee of citizen. It was appealed in Louisiana supreme court. Supreme court of the state affirmed the case, and petition was entered on behalf of plessy. Committe petitioned to the U.S Supreme Court, and the court approved certiorari.

Facts:

Separate railway cars were permitted through Louisiana state law for the Caucasians and African Americans. Homer Plessy, approximately one-eighth of African American, was considered African American under the legislation. Plessy was asked after having the Caucasian section seat, to use African American railway car. Plessy refused to do so and in response he was imprisoned. Afterward, Plessy along with the committee of citizen filed the case against his arrest and conviction, where judge Ferguson affirmed the case.

Issue and Holding:

Is the 14th Amendment's Equal Protection Clause unviolated while making the separate railway cars for African Americans? Yes.

Rule:

Violation over the Equal Protection Clause through the racial classification does not hold as long as it makes sure that the accommodations for public is separated but on the basis of equality.

Reasoning:

The law is considered as constitutional by the supreme court because if each race is acquiring civil rights equally whether separately, no race will be considered as inferior on any level. On the basis of this law, separation of railway car cannot be considered as inferiority for any race as it is separated on equal basis.

Judgement:

The case was affirmed and The Louisiana State law was considered lawful.

Notes:

According to the judges in accordance with the amendment, it is not deemed but amendment not always help to understand the fact. As a fact, last amendments were made when white were superior and black were facing slavery and inferiority. The amendment, therefore cannot be implemented in contemporary time. There is a need to improve or renew the amendment to increase equality between different races.

POLICY REPORT

POLICY REPORT

[Name of the Writer]

[Name of the Institution]

POLICY REPORT

Prison is defined as an institution where guilty people are held captive by state authorities. It is often called a correction facility where the inmates are supposed to be facing the charges against their crimes while trying to improve themselves. Although the people in the prison are criminals and they deserve to complete the punishment, they are still human beings that do possess some rights. Life in the prison is extremely brutal. Some prisoners spend an infinite time in isolation due to which they do develop mental disorder. The level of violence is beyond measure. It would be much better if they utilize that time to get an education or learn some technical skills in order to be productive.

Unfortunately in spite of the many modifications in the current system, prisoners are still living miserably. Due to this, it is important to implement prison reforms to improve the conditions inside the prison. These reforms include legal counsel, family visits, security against any kind of violence inside the prison and, etc. Additionally, the prisoners should be given some kind of job training or any technical skill that may help them after they finish their punishment. This will ensure positivity in their behavior and will prevent them from doing future crimes. Furthermore, another major reform that is often neglected is decreasing the number of people who are again held in custody. After leaving the prison the people do face societal stigma but what makes it worse for them is the legal barriers due to which they are unable to secure good jobs and house. This causes extreme disappointment, mental issues, and negativity. However, there still are many people who are against prison reforms but humanity demands from us to five a second chance to the prisoners so that they can also live a better life. This is especially important for the teens present in prison. As it is the age of learning and being in prison and seeing all the violence their inner violent persons escalates quickly and they become more stubborn. Likewise, there are many females in prison with children and who are about to give birth. Although the mother is the culprit and should be punished but the child she is bringing in the world is innocent or the children living with them are purely innocent and there should be a better facility for them which should be free of abuse, torture and, violence. They should be given proper care and education so that they don’t end up in prison like their mothers and improve their future.

According to the studies the prison reforms do help in reducing the crime rate and reincarnation. Statistics show that 56% of the prisoners are mentally ill and without proper care. This will escalate their violent abilities and they may even harm themselves by committing suicide or harm others. This behavior may lead them to commit more crimes and reincarnate again and again. This is one of the main reason for prisons being overcrowded which is another problem that inmates face. So it is important to not rely upon the simple medical care facility but there should be a complete mental health care system that determines the criminogenic needs of the inmates and helping them to cope up with the illness.

In this report, I will be comparing the US prison reforms with other countries. Also, discussing different ways to reduce recidivism in detail and the ways it affect the prisoners. Additionally, my report will focus on different alternatives to confinement. It will also present an insight into the prison management and the challenges that are required to do these reforms.

Policy Report

Prison reforms- Policy report

Prison reform- Policy report

With every passing day, the level of imprisonment is increasing. The capacity of prisons, compared to the rising levels of crime is limited. There are people detained for nominal crimes, who can otherwise be made a healthy part of the society by employing them to rehabilitation centers. This can serve many purposes of the criminal justice system in America. In addition to reducing the prison population, it is mandatory to address the socio-economic, political, and societal attributes of the prison reform system. There is a wealth of literature about prison reforms which talks about the deplorable conditions in prisons. The analysis of the available data also reflects some astonishing figures. In order to create a literary debate about prison reforms, this policy report will include the summaries of some peer-reviewed journal articles and books. The books and the article referred to in the report include debates about the prison reforms in the United States.

The article titled Inmate Society in the Era of Mass Incarceration talks about the worst human conditions, prisoners face in the United States. The authors have attempted to draw the attention towards the prison population residing in a designated facility and the actual number of prisons which it can hold. They argue that it is not in some specific states in America that the criminal justice system has become obsolete, rather it should be addressed on a national basis. According to them, since prisoners are facing serious health concerns, therefore their health concerns must be addressed at the first priority ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"yvLF2Adi","properties":{"formattedCitation":"(Kreager & Kruttschnitt, 2018)","plainCitation":"(Kreager & Kruttschnitt, 2018)","noteIndex":0},"citationItems":[{"id":1524,"uris":["http://zotero.org/users/local/s8f0QVnP/items/H7M89DL2"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/H7M89DL2"],"itemData":{"id":1524,"type":"article-journal","title":"Inmate society in the era of mass incarceration","container-title":"Annual review of criminology","page":"261–283","volume":"1","source":"Google Scholar","author":[{"family":"Kreager","given":"Derek A."},{"family":"Kruttschnitt","given":"Candace"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kreager & Kruttschnitt, 2018). The arguments put forward by the authors are based on quantitative facts which suggest that a uniform pattern exists in the evolution of problems inside any prison across the United States. Carrying on with their arguments, the authors have suggested incorporating some sustainable policy reforms which are aimed at addressing every concern of the inmates ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"qdIw1qc9","properties":{"formattedCitation":"(Kreager & Kruttschnitt, 2018)","plainCitation":"(Kreager & Kruttschnitt, 2018)","noteIndex":0},"citationItems":[{"id":1524,"uris":["http://zotero.org/users/local/s8f0QVnP/items/H7M89DL2"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/H7M89DL2"],"itemData":{"id":1524,"type":"article-journal","title":"Inmate society in the era of mass incarceration","container-title":"Annual review of criminology","page":"261–283","volume":"1","source":"Google Scholar","author":[{"family":"Kreager","given":"Derek A."},{"family":"Kruttschnitt","given":"Candace"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kreager & Kruttschnitt, 2018). Their recommendations for reforms mainly include addressing the health concerns, the concerns related to criminal law reforms and about addressing the conditions of the heavily populated prison.

Duwe in his article also talks about the prison reforms, but he has limited his debate to constitutional constraints in the way of reforms. His paper Rethinking Prisons: A Strategy for Evidence-Based reform is about the political reservations about the prison reforms. The author has targeted the political hurdles in the wake of the reforms in the prison system of the United States. He argues that since the political elites use their votes to justify their interests, therefore a politically oriented reform agenda might take some time to evolve. There is a bipartisan consensus for immediate application of reforms, resultantly the prison system has become obsolete ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"OVQ4TNx6","properties":{"formattedCitation":"(Duwe, 2017)","plainCitation":"(Duwe, 2017)","noteIndex":0},"citationItems":[{"id":1527,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3U7G4TNC"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3U7G4TNC"],"itemData":{"id":1527,"type":"article-journal","title":"Rethinking Prison: A Strategy for Evidence-Based Reform","container-title":"American Enterprise Institute","source":"Google Scholar","title-short":"Rethinking Prison","author":[{"family":"Duwe","given":"Grant"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Duwe, 2017). He argues that it is not just in the case of adult prisoners, rather the juvenile offenders often face the same kind of the environment. The important aspect of this paper is that it draws a comparison analysis of prison reforms. The data included in the paper is evidence-based, which shows that the author has avoided using analytical perspective, which otherwise cannot be much efficient. The author concludes by presenting a three-pronged plan for prison reforms which is increasing the efficiency of the correctional programs, reducing the prison population and generalizing the use of risk assessment instruments ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WkVuNMil","properties":{"formattedCitation":"(Duwe, 2017)","plainCitation":"(Duwe, 2017)","noteIndex":0},"citationItems":[{"id":1527,"uris":["http://zotero.org/users/local/s8f0QVnP/items/3U7G4TNC"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/3U7G4TNC"],"itemData":{"id":1527,"type":"article-journal","title":"Rethinking Prison: A Strategy for Evidence-Based Reform","container-title":"American Enterprise Institute","source":"Google Scholar","title-short":"Rethinking Prison","author":[{"family":"Duwe","given":"Grant"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Duwe, 2017).

There is a different kind of reform plans suggested from time to time to address the concerns of the criminal justice system. There are no two opinions in the fact that each reform plan is targeted to address the deplorable conditions, the prisoners in the US are living in, but the problem lies in generally accepting a single reform plan. Beckett has also targeted the same notion of criminal reforms in the US. They write that the reforms agenda should be based on quantitative pieces of evidence from different facets of society. The authors argue that behind every crime, there is a social reason. The practitioners and the policy reformists must address such underlying reasons to lower the burden from the prison system. They call this path dependence to effectively target the reform areas in the criminal justice and prison system in the US. If a moderate response to minor crime is adopted as a practice, it can serve the purpose of general reforms ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xic9wVVL","properties":{"formattedCitation":"(Beckett, Beach, Knaphus, & Reosti, 2018)","plainCitation":"(Beckett, Beach, Knaphus, & Reosti, 2018)","noteIndex":0},"citationItems":[{"id":1528,"uris":["http://zotero.org/users/local/s8f0QVnP/items/TBBV3CL2"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/TBBV3CL2"],"itemData":{"id":1528,"type":"article-journal","title":"US Criminal Justice Policy and Practice in the Twenty-First Century: Toward the End of Mass Incarceration?","container-title":"Law & Policy","page":"321–345","volume":"40","issue":"4","source":"Google Scholar","title-short":"US Criminal Justice Policy and Practice in the Twenty-First Century","author":[{"family":"Beckett","given":"Katherine"},{"family":"Beach","given":"Lindsey"},{"family":"Knaphus","given":"Emily"},{"family":"Reosti","given":"Anna"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Beckett, Beach, Knaphus, & Reosti, 2018). They have also compared the existing scholarship about the prison reform agenda with that to the quantitative studies of criminal reporting. It seems that there is no coherence between what exactly should be the end product and the underlying reasons for this need.

In addition to some articles, there are several books written on the reforms plans for prisons. Generally, a book provides a thorough analysis of any subject. About the reform plans in the prisons, Elliott Currie's book is an absolute study about this subject. Different to the articles, Currie has based his findings on the primary sources. In his five chapters of the book, the author has completed an extensive study about reform plans. In the first chapter of the book, the author has analyzed the prison conditions ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4q879KIM","properties":{"formattedCitation":"(Currie, 2013)","plainCitation":"(Currie, 2013)","noteIndex":0},"citationItems":[{"id":1530,"uris":["http://zotero.org/users/local/s8f0QVnP/items/CQB2EZPA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/CQB2EZPA"],"itemData":{"id":1530,"type":"book","title":"Crime and punishment in America","publisher":"Macmillan","source":"Google Scholar","author":[{"family":"Currie","given":"Elliott"}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Currie, 2013). He argues that the internal conditions of the prisons are much different from what generally scholar thinks about. In his second chapter, his study explores the myths attached to the prison system. Again he writes that the myths are right in their sense. At some point in his observations, he opines that conditions are much worse and worse to what one thinks. The third, fourth and fifth chapters systematically talk about the reform plans ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Y33UcIPc","properties":{"formattedCitation":"(Currie, 2013)","plainCitation":"(Currie, 2013)","noteIndex":0},"citationItems":[{"id":1530,"uris":["http://zotero.org/users/local/s8f0QVnP/items/CQB2EZPA"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/CQB2EZPA"],"itemData":{"id":1530,"type":"book","title":"Crime and punishment in America","publisher":"Macmillan","source":"Google Scholar","author":[{"family":"Currie","given":"Elliott"}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Currie, 2013). Compared to many other studies on the prison reforms in the United States, this book is an excellent read to understand the issues of the prison system and reform plans for the criminal justice system.

Mallicoat and Gardiner have presented their findings titled Criminal Justice Policy. Although the critical analysis of this policy paper suggests that its base is very narrow, but it provides an excellent understanding of the criminal reform agendas. The authors have explored each area of the criminal justice policy. They have started their findings from exploring political narratives about crime and the policy-making process. They write that politics which surround this area is hurting the progress of reforms ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"vvKZ3roO","properties":{"formattedCitation":"(Mallicoat & Gardiner, 2013)","plainCitation":"(Mallicoat & Gardiner, 2013)","noteIndex":0},"citationItems":[{"id":1532,"uris":["http://zotero.org/users/local/s8f0QVnP/items/XU7ECDTE"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/XU7ECDTE"],"itemData":{"id":1532,"type":"book","title":"Criminal Justice Policy","publisher":"Sage Publications","source":"Google Scholar","author":[{"family":"Mallicoat","given":"Stacy L."},{"family":"Gardiner","given":"Christine L."}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mallicoat & Gardiner, 2013). Taking forward this perspective, they then explore the influence of the research and the policy formulation process in criminal reforms. According to them, the reform agenda is always set too narrow, which resultantly destroys the overall aim of the criminal reform plans. They have targeted the Bureaucratic hurdles which act as stepping blocs in this complete process. The second section of the book is a complete guide about what the actual price of the reform infrastructure is and what the expected end product is. In this section, they have analyzed existing and any possible offense in the future which might be a hurdle in the policy-making process ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Lx0c7kGA","properties":{"formattedCitation":"(Mallicoat & Gardiner, 2013)","plainCitation":"(Mallicoat & Gardiner, 2013)","noteIndex":0},"citationItems":[{"id":1532,"uris":["http://zotero.org/users/local/s8f0QVnP/items/XU7ECDTE"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/XU7ECDTE"],"itemData":{"id":1532,"type":"book","title":"Criminal Justice Policy","publisher":"Sage Publications","source":"Google Scholar","author":[{"family":"Mallicoat","given":"Stacy L."},{"family":"Gardiner","given":"Christine L."}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Mallicoat & Gardiner, 2013). The final section of this book is about the future directions which the state authorities can adapt to regularize the reform plans. The findings of this book are suggestive. Although the writers have targeted many areas, still the book provides a narrow scope for the policy-making process.

This policy report suggests that criminal reforms have been a topic of wide literary research. There are different perspectives, normally the authors explore. Different to their understanding of the subject, there are some institutional hurdles which need attention. For example, the article and the books summarized above are about different subjects, this is why the final findings of each book are contrary to the other.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Beckett, K., Beach, L., Knaphus, E., & Reosti, A. (2018). US Criminal Justice Policy and Practice in the Twenty-First Century: Toward the End of Mass Incarceration? Law & Policy, 40(4), 321–345.

Currie, E. (2013). Crime and punishment in America. Macmillan.

Duwe, G. (2017). Rethinking Prison: A Strategy for Evidence-Based Reform. American Enterprise Institute.

Kreager, D. A., & Kruttschnitt, C. (2018). Inmate society in the era of mass incarceration. Annual Review of Criminology, 1, 261–283.

Mallicoat, S. L., & Gardiner, C. L. (2013). Criminal Justice Policy. Sage Publications.

Principle And Policy Assignment

Principle and Policy Assignment

Name

Affiliation

Date

Principle and Policy Assignment

The judicial system is one of the most important sections of any society. It is responsible for conducting the hearings of the legal, as well as criminal issues and presents the judgments and jurisdictions according to the rules, principles, and policies of the legal system of the country. R v Shipley [2014] QSC 299 is one of the most famous cases of the recent times, in which the appellant initially pleaded guilty and depicted remorse over her attitude, as well as her willingness to get the sentence. However, after some time, she appealed to get her initial plea back and move ahead in the court hearing on the status of not being guilt, as well as highlighting the misunderstanding of the court of law. The case gave rise to a number of issues, as well as the authority of rules, principles, and policies in the light of the decision making regarding the case. The matter of rules, policies, and principles hold great importance in the court of law, as they are the defining elements of the orders passed on by the court authorities, in response to any kind of case. However, there is a possibility that no specific rule, principle or policy has been developed yet, in accordance to a certain case, and then in such scenarios, the court makes its decisions in the light of the similar cases, or the related rules, principle, and policies. In the case of Shipley, the court had to face the similar issue, as there was no directly applicable rule, policy or principle about the charges of the appellant, so the court authorities made use of the closely related rules and passed on the orders of the case.

The key elements of the judgment include the proper identification of the legal issues, which is presented in front of the court of law, arguments presented in front of the court of law, legal reasoning according to the issues presented in the court of law, and decision made by the court of law, in the light of the issue, presented arguments and the existing laws or rules about the issue. The court of law has to give special consideration to the orders made regarding the similar cases if there is no direct rule, law or principle in response to the issue presented in front of the court of law. In the case of Shipley, the court authorities had to consider the previous similar cases, as well as the related rules and policies, in order to reach some decision, because of the fact that there was no direct law applicable to the scenario (Ronald, 2017).

Rules, principles, and policies are the most basic elements of the order passed by the court of law, in accordance with some crime committed by the appellant. The court has to provide the details of the rules, principles, and policies, in order to provide the justification of their order, as well as to prove the applicability of the orders to the scenario of the appellant. On the other hand, if the court is not able to provide a logical justification of the punishment or acquittal of the appellant, then the opposite party holds the right of pleading the case in the higher court of law. The detailed percept about a detailed legal issue, including the detailed explanation of the facts in the scenario, represents the rule in the jurisdiction. So, if the detailed facts and detailed legal consequences are present about some issue, it would be called as a rule regarding that issue. On the other hand, the principles are the ideas embedded in the sets of rules, which can be further highlighted by interpretations. In addition to it, the policy is formulated in the light of the rules and principles, in accordance with some issue (Lopes, 2017).

In the case of Shipley, she was charged for the possession of illegal as well as dangerous drugs. The drugs were discovered behind the driving seat of a truck, and Shipley was sitting in the passenger seat of that truck. There were two other individuals riding the truck at the time they were caught. The drugs recovered in great quantity, as well as were of quite fine quality. Shipley denied the charges of having any connection with the drugs and mentioned that she was not even aware of the presence of drugs in the truck. There is no particular rule developed yet about the sentence of people found at the scene of the drugs, more specifically in some transport vehicle, and denying their awareness of the presence of the drugs.

The case became complicated when the Shipley pleaded guilty for her acts, as well as showed her concern about being punished by the court of law. However, in her next hearing, she pleaded that she was not guilty and there was a misunderstanding on the part of the court of law. The appellant had entered the plea of guilty through the registry committal. The court of law presented the decision that the plea of not guilty does not hold any importance in the case of the appellant. The court of law reached the decision in light of the previous cases. In addition to it, the evidence presented in front of the court of law was not sufficient enough to prove the link of appellant with the drugs. The appellant denied the awareness of the presence of drugs. Moreover, the vehicle was not owned by the appellant, and she was also not sitting in the driver seat, which could have represented her control on the vehicle, as well as suspected link with drugs.

In addition to it, the appellant initially pleaded guilty through the registry committal; however, in the next hearing pleaded not guilty. The case was not decided on the basis of some specific rule or policy, however, according to the previous cases. Moreover, there was not enough evidence against the appellant which nullified the status of her sentence. Moreover, the scenario of pleading guilty while not actually being guilty provided a chance to the court of law to reconsider the decision of sentencing her and reached the decision that evidence was not enough to prove her guilty. The court presented the final decision, in the light of Criminal Code 1899 (Qld), Drugs Misuse Act 1986 (Qld) and Justices Act 1886 (Qld), which are all about the possession and use of drugs, while the appellant was not found engaged or involved in any scenario (R v Shipley [2014] QSC 299).

The rules, principles, and policies are the base of the decisions made by the courts of law, according to some issue presented in front of a court of law. In the case of Shipley, there was no evidence of her involvement in the possession or knowledge about the presence of drugs, in the vehicle, she was riding at that time. So the court made the decision in the light of previous cases, as well as the drug misuse act.

Bibliography

Lopes, P.M., 2017. The syntax of principles: genericity as a logical distinction between rules and principles. Ratio Juris, 30(4), pp.471-490.

R v Shipley [2014] QSC 299.

Ronald, D., 2017. The Model of Rules. In Theoretical and Empirical Studies of Rights (pp. 45-77). Routledge.

Procedural Law And The Bill Of Rights

Procedural Law and the Bill of Rights

[Author’s name]

[Institute’s name]

Author Note

Procedural Law and the Bill of Rights

Compare and Contrast Sources

The constitution of the country and case law are characterized as two prominent sources of the rights and fundamental principles established in the legal system of the United States. Both these prospects are used to developed legal conditions according to requirements of the operating legal system in the country. The approach of the country’s constitution is different from the source of case law because it provides a foundation for the legal system of the United States. The implications of the country’s constitution are wide-ranging as compared to the enforcement of principles set through the source of case law.

The constitution of the country developed its position as the charter that provides guidelines of functioning to the government. It is noteworthy to mention that the fundamentals of freedom and basic human rights also found in the case of the country’s constitution. The development of the first ten amendments in the country’s constitution is recognized as the “Bill of Rights.” These amendments are playing an important role when it comes to defining and establishing basic human rights of citizens. The liberties of citizens protected by the document of the United States’ constitution. On the other hand, case law under the broader domain of procedural law played a vital role to determine common law by judges in rulings ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Gzo0uNSA","properties":{"formattedCitation":"(Farnsworth, 2010)","plainCitation":"(Farnsworth, 2010)","noteIndex":0},"citationItems":[{"id":1785,"uris":["http://zotero.org/users/local/7Hi3kAOD/items/R3YPZV3H"],"uri":["http://zotero.org/users/local/7Hi3kAOD/items/R3YPZV3H"],"itemData":{"id":1785,"type":"book","ISBN":"0-19-974971-X","publisher":"Oxford University Press","title":"An introduction to the legal system of the United States","author":[{"family":"Farnsworth","given":"E. Allan"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Farnsworth, 2010). It is defined as the important source that has the authority to define the legal position of a legal system specifically during the procedure of judicial decision-making.

Three Steps of the Criminal Justice Process

The systematic procedure of criminal justice comprised of a series of steps or stages that played an important role to achieve the objective of the criminal justice system. The practical approach of the criminal justice process starts from the proper criminal assessment and finished with the release of imprisoned individuals. There is the existence of different phases during these practical elements that eventually make the entire process of criminal justice valid for all the stakeholders. Arrest and imprisonment are two major phases that describe the overall domain of the criminal justice system. It is important to apprehend that the existing gap between the stages of arrest and captivity associated with the application of other practical steps that also require necessary attention. Prosecution, Indictment, and Arraignment are characterized as three major phases that prevail during the domains of arrest and imprisonment. A brief explanation of all these stages is an imperative condition to makes better inferences on the criminal justice system.

Prosecution

The phase of prosecution of an offender established by a district attorney. The central objective of this phase of the criminal justice system is to formulate a decision whether to charge an individual for the allegation or not. The phenomenon of prosecution influenced by different aspects such as considering the seriousness of the criminal activity and authenticity of the evidence.

Indictment

Grand jury is responsible to ensure successful enforcement of indictment as a critical phase of the criminal justice process. At this stage, members of the jury decide to charge individuals against criminal activity or not. Probable cause is characterized as the fundamental standard to correctly indicting an individual according to law.

Arraignment

The phase of arraignment established by a judge under the principles of the criminal justice system. The time-period of arraignment is a chance for the defendant to appear in court ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"xcJc4P3B","properties":{"formattedCitation":"(Kohler-Hausmann, 2013)","plainCitation":"(Kohler-Hausmann, 2013)","noteIndex":0},"citationItems":[{"id":1786,"uris":["http://zotero.org/users/local/7Hi3kAOD/items/PL3T76M8"],"uri":["http://zotero.org/users/local/7Hi3kAOD/items/PL3T76M8"],"itemData":{"id":1786,"type":"article-journal","container-title":"American Journal of Sociology","issue":"2","page":"351-393","title":"Misdemeanor justice: Control without conviction","volume":"119","author":[{"family":"Kohler-Hausmann","given":"Issa"}],"issued":{"date-parts":[["2013"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kohler-Hausmann, 2013). It is the stage of right for the individual to enter an appeal against the allegation. In simple words, it is a practical action to present the defendant in court.

Amendment Related to Arrest, Search, and Seizures

4th amendment in the United States’ constitution defined the basic rights of citizens during the practices of arrest, search, and seizures. The rights of the defendant are clearly illustrated to avoid any form of ambiguity under the entire spectrum of the criminal justice system. The basic human rights of individuals’ privacy and citizenship rights protected by the proper enforcement of the 4th amendment. This principle of the legal spectrum is a caution for law enforcement agencies in case of unreasonable invasion in the form of citizens as individuals, homes, businesses, and the perspective of the property.

A proper application of the 4th Amendment protects citizens’ rights specifically during the procedure of arrest, search, and seizures. The procedures of searches and detentions are regulated in the country under the legal spectrum of the 4th amendment in the constitution. A critical examination of the specific nature of the detention or arrest is necessary to condition to make inferences on the application of the 4th amendment ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HeIiHdHa","properties":{"formattedCitation":"(Richardson, 2010)","plainCitation":"(Richardson, 2010)","noteIndex":0},"citationItems":[{"id":1787,"uris":["http://zotero.org/users/local/7Hi3kAOD/items/7T7KE45A"],"uri":["http://zotero.org/users/local/7Hi3kAOD/items/7T7KE45A"],"itemData":{"id":1787,"type":"article-journal","container-title":"Minn. L. Rev.","page":"2035","title":"Arrest Efficiency and the Fourth Amendment","volume":"95","author":[{"family":"Richardson","given":"L. Song"}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Richardson, 2010). Characteristics of the searched place also played an important role when it comes to examining the protecting role of the 4th amendment during the process of search and seizures. Additionally, circumstances during the process of search and seizures also influenced the application of this amendment of the basic right of freedom for American citizens.

Compare and Contrast the Concepts of Probable Cause and Reasonable Suspicion

Probable cause and reasonable suspicion are two prominent legal terminologies applied in the case of law enforcement operations. Both these apply when it comes to detaining someone for investigation, search, and seizure. The principles of reasonable suspicion and probable cause define the suitability of the process of arrest considering the available evidence. Both concepts range a number of similarities and differences that eventually define the suitability of these standards.

The standard of reasonable suspicion allows law enforcement individuals to shortly detain a person based on the understanding of former training and experience. The approach of reasonable suspicion exists for the person who has a former criminal record. The availability of first-hand experience and the existence of primary facts helps the officer to adopt the approach of reasonable suspicion. On the other hand, consideration of issue warrants is categorized as a necessary condition to establish the principle of probable cause ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"fNAxNnuU","properties":{"formattedCitation":"(Ferguson, 2012)","plainCitation":"(Ferguson, 2012)","noteIndex":0},"citationItems":[{"id":1789,"uris":["http://zotero.org/users/local/7Hi3kAOD/items/R7QNWWM4"],"uri":["http://zotero.org/users/local/7Hi3kAOD/items/R7QNWWM4"],"itemData":{"id":1789,"type":"article-journal","container-title":"Emory LJ","page":"259","title":"Predictive policing and reasonable suspicion","volume":"62","author":[{"family":"Ferguson","given":"Andrew Guthrie"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Ferguson, 2012). The legal standard of probable cause links with the legal approach of the 4th amendment in the constitution that protects individuals’ privacy during the process of search, seize property, or the practice of arrest ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4zWvqEfq","properties":{"formattedCitation":"(Joh, 2014)","plainCitation":"(Joh, 2014)","noteIndex":0},"citationItems":[{"id":1788,"uris":["http://zotero.org/users/local/7Hi3kAOD/items/LMIQBIHZ"],"uri":["http://zotero.org/users/local/7Hi3kAOD/items/LMIQBIHZ"],"itemData":{"id":1788,"type":"article-journal","container-title":"Wash. L. Rev.","page":"35","title":"Policing by numbers: big data and the Fourth Amendment","volume":"89","author":[{"family":"Joh","given":"Elizabeth E."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Joh, 2014). The approach of probable cause is different from reasonable suspicion because it considers existing facts and officers’ knowledge to draw a conclusion.

Examples When Exclusionary Rule May Not Apply

The legal condition of the exclusionary rule is not applicable in specific situations as defined by the constitution of the country. Good faith exception and attenuation doctrine are two possible situations that are explicitly exempted from the enforcement of the exclusionary rule. The specific exclusion in the form of good faith permits police officers to mainly rely on available evidence and consider them valid for the trial. The adoption of an illegal approach to collect evidence is characterized as the exception when it comes to applying the rule of exclusion.

Identification of Contemporary Issue Related to the Use of Force

In recent years, the specific case law of Kisela v. Hughes is a noticeable example to observe the excessive use of force. A critical consideration of the entire case assists to identify that Kisela had used an extreme form of force that eventually turned as deadly force. It is claimed by Hughes that Kisela greatly violated the domain of the fourth amendment by improperly using the excessive force of power.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Farnsworth, E. A. (2010). An introduction to the legal system of the United States. Oxford University Press.

Ferguson, A. G. (2012). Predictive policing and reasonable suspicion. Emory LJ, 62, 259.

Joh, E. E. (2014). Policing by numbers: Big data and the Fourth Amendment. Wash. L. Rev., 89, 35.

Kohler-Hausmann, I. (2013). Misdemeanor justice: Control without conviction. American Journal of Sociology, 119(2), 351–393.

Richardson, L. S. (2010). Arrest Efficiency and the Fourth Amendment. Minn. L. Rev., 95, 2035.

Property Law

Property law

The property rights that can support the claims of Albert about super achievers include use of sovereignty as a concept of public law. It states that no public good is significant than maintaining private property. This also includes identification of the new property right. It is important to consider the profits made from the area and the premise. There is also a legal principle that refrains an individual from gaining an advantage for self or causing damage to the others. Ownership over human tissue or DNA sequence requires patient's willingness. Albert can use the broadly worded consent for providing his claims and gaining ownership right.

The public factors that courts consider in whether such entities might subject to property rights or not include the appropriateness of the legal principle. It will be considered if Albert has ownership of the human tissue and DNA sequence that he aims at using for the research purpose. It is also crucial to consider the consent of the patients. He can claim legal right when he has obtained a clear consent from the patients that proves his ownership. The laws governing research with the human subjects are included for deciding the property rights. The action of Albert must not be beyond the laws and regulation of the state. The court will also consider the possible benefits and harms. The researcher must not inflict harm to the patients for his own advantage. This will require that Albert provides clear information to the patients about the possible outcomes. An appropriateness of metaphor is needed that reflects the fulfilment of the legal principles.

References

M R Cohen, 'Property and Sovereignty' (1927) 13 Cornell Law Quarterly 8, 15-21 accessible via

Allen v Roughley (1955) 94 CLR 98.

Proximate Cause And The Street

Your Name

Instructor Name

Course Code

Date

Proximate cause and the street

Bert should not be held responsible for Ernie’s death. Though Ernie was hit by Bert’s car and this accident was severe enough to take him to hospital, his death cannot be fully justified as a case of “proximate cause”. A proximate cause is an event that is significantly related to an injury and a relevant court determines that preceding event was actual cause of that injury. By this definition, it can be concluded that though the initial injury was a result of a proximate cause the death of Ernie cannot be justified due to the limited information on this case.

The information provided is insufficient. It is unclear whether Ernie died because of the injury caused in that specific incident six months ago or it was due to any other reason. It is also unclear what was the court verdict of the initial incident. Furthermore, after initially being hospitalized, Ernie was released from the hospital. Though it is unclear that whether Ernie was completely cured or not, he was released from the hospital so it is safe to assume that he was released after being completely cured.

The fact that the impact of initial injury and its effects caused are not provided nor did we have information about the recovery process, court hearings medical reports. It is unclear whether Ernie suffered any injury that was long-lasting and incurable or not. It cannot be said with assurance that Bert was responsible for the death of Ernie. There is a factor of possibility involved due to lack of information, that can lead this case in any direction based on the current data provided to us. If it is assumed that Ernie's death was due to an initial accident six months ago then Bert is responsible for his death and a proximate cause can be developed. However, if it is assumed that his death was not due to the initial accident then a Proximate cause for the death of Ernie cannot be developed.

Psychological Perspectives

Psychological Perspectives

[Name of the Writer]

[Name of the Institution]

Psychological Perspectives

Social learning theory from the name itself tries to explain how a person’s interaction with society has an impact on self-development. This theory believes in the arrangement of one's personality to be a scholarly response to communal enhancements. Practices and temperaments created in light of defenses and consolation from the individuals around us. Childhood has a very important role in this regard. When people are young, they learn and adopt behaviors and habits accordingly.

Social learning theory was shaped by Albert Bandura, a great psychologist. This theory is adopted and used by many psychologists to understand the criminal behavior of the human mind and deviance. It is a commonly known fact that we are in a phase of continuous learning and people around us have a significant impact on the development of our beliefs and norms. People commit a crime and indulge in criminal activities because the people around them are of felonious minds and they deviate from the normal societal norms (Guntrip, 2018). As an outcome, these individuals come to see crime as rather appealing and reasonable in specific circumstances.

Learning unlawful demeanor is comparable to presuming how to take part in familiarizing conduct: it is completed via an association with or introduction to other individuals. Truth be told, relationship with troublemaking companions is the best indicator of bad conduct other than early wrongdoings. It takes time for a crime to become serious and have a negative deviating nature. Many surveys have concluded that there are three steps of beliefs that favor criminal behaviors. First is the step where small and minute crimes take forms such as bad influence, use of drugs and alcohol, unethical behavior and so no. When these minor crimes become acceptable than other crimes also start becoming usual. This is when a person starts deviating from the society by committing serious crimes.

People will tend to label criminal activities as wrongdoings but in one way or the other, they will justify their felonious actions. Then the third step is where people make or show criminal activities as desirable. They make any such activity thrilling and fun which also harms society. Children are attracted to such activities more and in this regard, they become violent and deviate from the civil society norms. We as humans learn from our gatherings and are always in the state of learning. The norms and beliefs shape our lives and give us the platform to perform our duties positively.

It is a known fact that crimes are being committed at this moment of different scopes and they all cannot be stopped or curbed in an instant. Certain elements are responsible for having a bad influence on the working of the human brain. Social learning theory has its specific limitation which is very logical. People also commit a crime and deviate from the normal walk of life at a later age after they witness a crime being committed by someone they adore or idealize. This is something that makes this theory weak as norms and beliefs cannot be converted or overwhelmed easily.

We learn about our religion, our relatives, our norms right from our childhood and we tend to stay connected with all of them throughout our lives. However, this concept is canceled out by a single behavior of the human mind when a person deviates at a later age. Emotions also play a vital role in these circumstances as through experience they change their behaviors as said by Ronald Akers (Akers, 2013). Our society has been dealing with every type of crime throughout history and it has taken a lot of work from many psychologists to study the mind of a criminal. Dr. Akers has made a huge impact in this regard and answered many of the questions that are related to crime and social deviance.

References

Guntrip, H. (2018). Psychoanalytic theory, therapy and the self. Routledge.

Akers, R. L. (2013). Criminological theories: Introduction and evaluation. Routledge.

QEP ASSIGNMENT FOUR

Final Film Critique

Martin Gutierrez

[Institutional Affiliation(s)]

Author Note

QEP Assignment Four

Regardless of a person’s caste, creed, gender, nation, religion or economic status, every person receives human rights. These rights are known as moral principles that show certain standards of human behaviour. Rights are important for the good standard of living, as they secure the interest of people. There is a great controversy going on in some states of America. A law states that no state can deprive any person of liberty, life or property, but recently in the state of Texas and Alabama, a bill was introduced which states that women are not allowed to have abortion in any case except to save the life of a pregnant woman. It was also said that any woman who seek the procedure of abortion could be prosecuted for murder and for that she will be sentenced to death ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0YTLWzNg","properties":{"formattedCitation":"({\\i{}Texas Constitution and Statutes - Home})","plainCitation":"(Texas Constitution and Statutes - Home)","noteIndex":0},"citationItems":[{"id":87,"uris":["http://zotero.org/users/local/WcSf8WB9/items/8G94RL5N"],"uri":["http://zotero.org/users/local/WcSf8WB9/items/8G94RL5N"],"itemData":{"id":87,"type":"webpage","title":"Texas Constitution and Statutes - Home","URL":"https://statutes.capitol.texas.gov/","accessed":{"date-parts":[["2019",10,14]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Texas Constitution and Statutes - Home). It was also said that the person who will perform abortion will be fined and imprisoned according to the law. This affected women a lot and it created a great controversy in the country.

There are a number of hurdles that stand in the way of abortion bill and one of them is the constitutional law which holds human rights. According to the Due Process Clause of the Fourteenth Amendment: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction, the equal protection of the laws ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"70fi7uRA","properties":{"formattedCitation":"(\\uc0\\u8220{}14th Amendment\\uc0\\u8221{})","plainCitation":"(“14th Amendment”)","noteIndex":0},"citationItems":[{"id":83,"uris":["http://zotero.org/users/local/WcSf8WB9/items/SFS8II7J"],"uri":["http://zotero.org/users/local/WcSf8WB9/items/SFS8II7J"],"itemData":{"id":83,"type":"webpage","title":"14th Amendment","container-title":"LII / Legal Information Institute","URL":"https://www.law.cornell.edu/constitution/amendmentxiv","language":"en","accessed":{"date-parts":[["2019",10,14]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“14th Amendment”).” Clause of fourteenth amendment clearly says that no state is allowed to enforce a law which shall crop the privileges of citizen. However, the abortion bill states that if the doctor performs an abortion, it would be unconstitutional and strict action will be taken against him. It includes that a person who is involved in abortion will be fined and imprisoned. Doctors are very much concerned about their jobs and life as according to the bill. Physicians who perform abortions could face up to 99 years in prison. The bill is affecting women and physicians equally. But women on the other hand can claim that their constitutional right is being violated if the doctor refuses to do the process of abortion as constitutional law secures privacy rights and right of freedom. The constitutional law gives “Right to privacy” to people. As every person has right to privacy, so getting pregnant or having abortion is something personal and private to a woman, but the abortion bill is somehow interfering in the private life of a woman. Some of the women believe that abortion is health care and banning abortion is like a war on them and they have to fight for their rights. To carry a baby is an individual’s decision as part of the individual rights guaranteed by the constitution, so women can use this as their legal right to take action against a doctor who will refuse to perform abortion.

Word count: 505

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY “14th Amendment.” LII / Legal Information Institute, https://www.law.cornell.edu/constitution/amendmentxiv. Accessed 14 Oct. 2019.

Texas Constitution and Statutes - Home. https://statutes.capitol.texas.gov/. Accessed 14 Oct. 2019.

QEP ASSIGNMENT ONE

Lifetime Appointment of Judges

NAME OF WRITER

AFFILIATIONS

Article III of U.S. Constitution allows the judges, both of the Supreme Court and the lower courts, to be appointed for a lifetime. The founding fathers of the nation gave judges the right to serve for a lifetime to prevent any influence from other government institutes. However, nowadays, many people wonder if that decision was right or not. People argue that judges should also be subjected to a specific term limit. Modern policies and technological advancement, with the increase in life expectancy, means that many judges are left behind the pace with which the world is moving. The scope of this paper will cover the pros and cons of the lifetime appointment of judges and at the end, I will also give my position on whether it is the right decision or not.

Benefits of Lifetime Service

Only the judges in America have this right. In general, Federal judges are not appointed for lifetime in any other major democracies of the world. Some have mandatory retirement ages while some countries set a specific term limit. Article III means that no one in the country, not even the president of the country can influence them in their decisions. The assurance of job security means that the independent spirits of the judges will help them in an authentic performance during such a difficult job. This constitutional advantage given to them means that they are put above any political pressures and are allowed to rule through a balanced interpretation of law. Perhaps the most prominent benefit of lifetime appointment of judges is that they are fearless while making their decisions. It is also researched and suggested that many judges who are appointed are more independent than elected judges ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"UAUlPyWt","properties":{"formattedCitation":"(Choi, Gulati, & Posner, 2010)","plainCitation":"(Choi, Gulati, & Posner, 2010)","noteIndex":0},"citationItems":[{"id":18,"uris":["http://zotero.org/users/local/cYhHNKoU/items/9WL26CPR"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/9WL26CPR"],"itemData":{"id":18,"type":"article-journal","title":"Professionals or politicians: The uncertain empirical case for an elected rather than appointed judiciary","container-title":"The Journal of Law, Economics, and Organization","page":"290-336","volume":"26","issue":"2","author":[{"family":"Choi","given":"Stephen J."},{"family":"Gulati","given":"G. Mitu"},{"family":"Posner","given":"Eric A."}],"issued":{"date-parts":[["2010"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Choi, Gulati, & Posner, 2010). Judges make decisions based entirely on their understanding of law without taking any consideration of public opinion. Another benefit of lifetime appointment is that it prevents corruption in the judicial system. If there was any term limit, judges would have a certain time to make their careers and limited time may tempt them to do corruption to earn some money.

Disadvantages of Lifetime Service

There are some benefits of lifetime service but there are a lot of disadvantages as well. Since many federal judges are very old, it may result in a very conservative ruling. When this rule was passed, the average life expectancy was much lower than it is now. The average life expectancy of Americans now is 77 years, which means that judges are not up to date with the cultural changes and cannot keep themselves updated to mirror the social changes that are required. One thing that is to be noted is that it creates randomness in the overall behaviour of the court. One political party might appoint a conservative judge while the other may appoint a completely random judge. If the new appointed judges share a similar ideology with older, then the older judges are more likely to continue on their positions ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ONARGcjU","properties":{"formattedCitation":"(Curry & Hurwitz, 2016)","plainCitation":"(Curry & Hurwitz, 2016)","noteIndex":0},"citationItems":[{"id":17,"uris":["http://zotero.org/users/local/cYhHNKoU/items/SFKFGU8L"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/SFKFGU8L"],"itemData":{"id":17,"type":"article-journal","title":"Strategic retirements of elected and appointed justices: A hazard model approach","container-title":"The Journal of Politics","page":"1061-1075","volume":"78","issue":"4","author":[{"family":"Curry","given":"Todd A."},{"family":"Hurwitz","given":"Mark S."}],"issued":{"date-parts":[["2016"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Curry & Hurwitz, 2016). So, if there was a retiring age and a proper promotion system, the judges would take the position on the basis of seniority irrespective of their political mindset. It would also prevent any deliberate retirements at crucial moments and also prevent judges from having huge power. Originally the purpose of democracy is to allow the majority of people what they want.

The Right Way

I personally think that there should be a retirement age for all the judges, and based on that, their promotion and appointment should be decided. The U. S’s Constitution does not specify the “lifetime appointment” of judges rather the Article III says that a federal judge is eligible to hold his/her office subject to “good behavior”. The main problem is that there are no criteria for defining good behaviour nor is there a specific age limit. As long as judges remember their pleases and Thankyous their attitudes are generally described as “Good Behaviour”. This should be avoided and there should be a proper system for retirement. In my opinion, 60 years is the right time for a judge to retire.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Choi, S. J., Gulati, G. M., & Posner, E. A. (2010). Professionals or politicians: The uncertain empirical case for an elected rather than appointed judiciary. The Journal of Law, Economics, and Organization, 26(2), 290–336.

Curry, T. A., & Hurwitz, M. S. (2016). Strategic retirements of elected and appointed justices: A hazard model approach. The Journal of Politics, 78(4), 1061–1075.

QEP ASSIGNMENT THREE

QEP Assignment Three

Author Name(s), First M. Last, Omit Titles and Degrees

QEP Assignment Three

A dispute over customers’ rights and privacy between the technology companies and law enforcement agencies is still going on. Several cases are there in which law enforcement agencies require to access the information of the criminal through his or her cell phone yet the cell phone companies are denying to give them access. The reason for denying access to customers’ phones is due to their rights and privacy that they are entitled to, because of laws made by the US government (Askin, 1997). Recently, a similar case happened where FBI authorities were demanding access to the criminal’s cell phone. However, the Apple Company denied providing access owing to the laws regarding customer’s safety and privacy. Additionally, providing open access to the FBI may also raise concerns of other users as well as their data is also not secure. This will further destroy the company’s reputation and customers can sue the company for violation of their privacy. The battle between Apple and FBI continued until with the help of third party intervention, FBI officials were able to access the data. After accessing the data, FBI withdraws their request. This raised questions regarding the rights of people as according to the US constitution, every citizen has the right to privacy as well as, has the right to be free from unjustified publicity. Also, the unlawful intrusion into an individual’s private activities is a violation of privacy and the person violating the law must be held accountable and face a penalty (Nelson, 2007). Both laws stipulate the significance of privacy that every person residing in the US is entitled to. Thus, the violation of privacy done by the FBI in accessing the data of criminals is unjustified.

This case divided people into two groups. According to one group, Apple must not accept the FBI’s request to grant access to the phone while the other was in favour of the FBI. According to them, access to the criminal phone can facilitate in capturing the masterminds behind the attack. However, involving a third party in the middle of the case was highly unethical. FBI wanted Apple to write a software program that can aid them in accessing all the conversation, messages and images details. However, Apple denied and also argued that it is not only a violation of privacy but also a violation of the freedom of speech law (Henkin, 1979). If the case would have been heard in the Supreme Court, then Apple would have won the case. This is because their arguments were entirely based on the laws that are present in the US constitution and if anyone is not following a law then they must be subjected to the penalty. Additionally, involving the third party in the case that is still in the court is also a violation of the law and law is equal for both the law enforcement officials and civilians. According to the Data Protection Act section 55, it is an offense to access the data of any person without their consent and such act is punishable (Cox, 1977). Thus, the FBI cannot hack any person’s account without the consent of a person or a warrant. Additionally, the FBI cannot hack someone’s phone without evidence of any criminal activity. So, in the case mentioned above, FBI had doubts regarding the involvement of a mobile owner in the attack and they did not have any evidence that supports that a person was directly or indirectly involved in the crime. Thus, they cannot compel Apple to provide access and cannot use a third party’s help to hack the mobile phone of a person they think is involved in the attack. Due to all the arguments mentioned above, it is clear that the Supreme Court’s decision would be in favour of Apple.

In addition to the influential aspects related to Apple, there are other instances which the Apple representatives can present in their favour. Being an Apple representative, the first argument that a lawyer can give in the Supreme Court is the right to freedom of speech. According, to the US constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech” so compelling a company to write software against their will is subjected to the violation of the law. Additionally, according to the Fourteenth Amendment, “No individual shall be deprived of liberty and property, without a due process”, so Apple is not bound to address the request of FBI professionals to write software. Furthermore, according to the Data Protection Act, any disclosure or misuse of information about an individual is considered as an offence and the offender must face the penalty. Due to this reason, Apple cannot write software that could disclose all the personal information of the customer. Although, in the given case study, a person is criminal yet still, FBI has no solid evidence against him. Thus, without any patent proof that the cell phone belonged to a person who is criminal, Apple is not liable to fulfil the request of the FBI officials. Moreover, Apple has a contract according to which they are responsible for keeping the customer’s data safe. So, providing access to the mobile phone will make them violating their contract. Therefore, compelling Apple to write software in violation of the company’s contract. According to the Act to Protect the Privacy of Online Consumer information, internet service providers are prohibited to disclose or sell the consumers data without their consent (Fernback & Papacharissi, 2007). Consequently, compelling Apple to write software to access all the information that is on the cloud is a violation of the Act to Protect the Privacy of Online Consumer information. Therefore, they cannot write software to facilitate FBI. Also, the FBI cannot use the aid of any third party to hack the iPhone data as it is also against the law. In short, Apple is not bound to write a software or to facilitate FBI by jeopardizing its customer’s privacy.

References

Askin, F. (1997). Free speech, private space, and the constitution. Rutgers LJ, 29, 947.

Cox, M. P. (1977). A Walk Through Section 552 of the Administrative Procedure Act: The Freedom of Information Act; The Privacy Act; and the Government in the Sunshine Act. U. Cin. L. Rev., 46, 969.

Fernback, J., & Papacharissi, Z. (2007). Online privacy as legal safeguard: the relationship among consumer, online portal, and privacy policies. New Media & Society, 9(5), 715-734.

Henkin, L. (1979). Rights: American and human. Colum L. Rev., 79, 405.

Nelson, J. C. (2007). Keynote Addresses: The Right to Privacy. Mont. L. Rev., 68, 257.

QEP ASSIGNMENT TWO

TRUMP’S BANNING OF MOSQUES

NAME OF WRITER

AFFILIATIONS

Freedom of religion means liberty to act and stand on your beliefs but not violate anyone else’s social and political rights. The U.S constitution allows its citizens to practice their religious beliefs. While the law of the country cannot interfere in someone's religious beliefs, it can control its movements and activities that can affect other sects of a community. This is specifically done in order to hold that doctrine under the law of the country. However, under the law, one cannot shut down a religious place of some importance until and unless some sort of hatred is being spread from there that affects other people's religious or social beliefs. This paper covers the constitutional perspective of Donald Trump's policies regarding banning and shutting down of mosques as well as legal and moral arguments on why banning of mosques is not right.

Constitutional Perspective of Trump’s Statement

The first amendment of the United States law imposes that congress shall make no law to prohibit the free expression of any religion, neither it is eligible to make any law in the respect of an already established religion. The first amendment of United States constitutes of two clauses that guarantees the freedom of religion. The two clauses are the establishment clause and the free exercise clause. The establishment clause restricts the government from changing or passing any laws that can establish an official religion nor it has the right to prefer one religion over another. The first amendment separates religion practices from state practices. The second clause which is the free exercise clause prevents the government to interfere in any person's personal beliefs and practices. By looking at all the details in the first amendment, the policies of Donald Trump regarding banning and closing of mosques is unconstitutional and immoral. It is an intent of biases and injustice towards a specific community. He cannot close the religious places of one religion and ignore others. If Trump’s administration wants to close down mosques, they will also have to close churches and other religious places of different communities to show the intent of religious freedom of the country. However, in both cases, it is a clear violation of the first amendment of U.S constitution. Even a majority rule cannot change the fundamental rights that are given to a citizen. The willingness of Donald Trump to close down mosques is completely incompatible with the constitution and the principles of religious freedoms which are the basis of American success. The actions as a result of Donald Trump's policies violate the Free exercise clause. The U.S constitution specifies that no action can be taken against "any religion". So, taking action against any specific religion is the violation of the law. If the government takes any actions that may have a positive impact on society in general but singles out a religious or racial minority, then it is automatically constitutionally invalid. It is evident from the fact that Mr Trump is not banning mosques because it is a breeding ground for terrorists but because he has personal resentment towards a specific community. He also stated that a database and tracking system will be developed in order to track Muslims across the country.

Involvement in the Case

I would choose to represent the defendant which in this case are Muslims. My decision to stand with them is purely based on the constitutional and moral rights that the constitution provides to the citizens of the United States. The Trump’s administration policies are the reflection of the mindset that has started since 9/11. According to one 2003 poll, 63 per cent of Americans say they do not have a good understanding of Islam as a religion ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"WGt3cL2e","properties":{"formattedCitation":"(Smith, 2009)","plainCitation":"(Smith, 2009)","noteIndex":0},"citationItems":[{"id":"Z2udsME4/3QXh0LyC","uris":["http://zotero.org/users/local/cYhHNKoU/items/CNNW7MYP"],"uri":["http://zotero.org/users/local/cYhHNKoU/items/CNNW7MYP"],"itemData":{"id":23,"type":"chapter","title":"Islam in America","container-title":"Muslims in the West after 9/11","publisher":"Routledge","page":"38-52","author":[{"family":"Smith","given":"Jane I."}],"issued":{"date-parts":[["2009"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Smith, 2009). Since that time, unfair profiling, discrimination in public places and many illegal detentions have taken place against Muslims. Whether it is the building of mosques or any settlements of Muslims that are happening in the community, there are clear discrimination and hatred that is being shown towards them. Muslims are a very important part of American culture as a whole and as a group, American Muslims generally earn more than average Americans. Besides, they are increasingly contributing to American culture in the form of media, rap groups, magazines, comedy groups, etc. People have very often confused culture and community values with each other. Religious freedom includes the protection of a sitting facility that is associated with any religion. Similarly, the United States Constitution ensures the freedom of Islam as much as it ensures the freedom of any other religion. In this world of hatred and radicalizing if I am able to do anything that can help any specific community and clears the misconception in many people's minds, then I will happily help in building a peaceful community.

Legal Stand on Trump’s Decision

U.S constitution states that you cannot discriminate on the basis of nationality or a place of origin, neither can you discriminate based on one's religion. This is a primary source that helps the challengers. Mr Trump's policies have led to the radicalization of people, his views and statements have encouraged the extremist groups among white Americans to act publicly against Muslims and their properties. One such example of violence is the attack on Victoria Islamic Centre in Texas. This was the result of Donald Trump’s announcement of Ban on Muslims. It’s been almost 250 years since the first amendment was laid but religious issues still are one of the most persistent matters in America today. The way American Constitution defines religious freedom is more than the freedom to worship at a synagogue, church or a mosque. The law helps people and prevent them from going against their beliefs so that they conform their culture or government. The freedom of religion provided by the constitution protects people’s right to not only express and live but also act according to it. However, the supreme court has the right to allow the federal government to limit religious freedom but only when it has a convincing interest to do so. This act prevents the government from becoming so powerful that it can impose people on what to do and how to act. Religious freedom is the core and foundation of American cultural diversity came and live together without any distress of penalty from the government. Since according to the first amendment, the government has no official religion nor it prevents anyone from practising their own beliefs. In 1971, the three-pronged criteria were created by the supreme court in Lemon v. Kurtzman case. This states that for a policy to be constitutional, its purpose must be non-religious; the policy should not promote or favour any specific religion nor it can compel government to involve itself in any religious matters.. ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ycbZneUA","properties":{"formattedCitation":"({\\i{}Lemon v. Kurtzman}, 1971)","plainCitation":"(Lemon v. Kurtzman, 1971)","noteIndex":0},"citationItems":[{"id":92,"uris":["http://zotero.org/users/local/KfR9yuY2/items/2ZVYRIQ7"],"uri":["http://zotero.org/users/local/KfR9yuY2/items/2ZVYRIQ7"],"itemData":{"id":92,"type":"legal_case","title":"Lemon v. Kurtzman","page":"602","volume":"403","issued":{"date-parts":[["1971"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Lemon v. Kurtzman, 1971). As a president of the United States, his words matter and carry significance importance. He is using his position to spread hatred, and in my opinion, there are a lot of things common between him and Nazis. Although not at the same level, Mr. trump also targets only one religion and minority like Hitler did. One major recent example of it is the person who was caught in case of mass murders of Muslim in New Zealand and claimed Donald Trump as the symbol of renewed white identity and a common purpose ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"6R9CeDx9","properties":{"formattedCitation":"(contributor, n.d.)","plainCitation":"(contributor, n.d.)","noteIndex":0},"citationItems":[{"id":93,"uris":["http://zotero.org/users/local/KfR9yuY2/items/ZD29D4V3"],"uri":["http://zotero.org/users/local/KfR9yuY2/items/ZD29D4V3"],"itemData":{"id":93,"type":"webpage","title":"Opinion | A short history of President Trump’s anti-Muslim bigotry","container-title":"Washington Post","abstract":"His comments are an inspiration to Islamophobes everywhere.","URL":"https://www.washingtonpost.com/opinions/2019/03/15/short-history-president-trumps-anti-muslim-bigotry/","language":"en","author":[{"family":"contributor","given":"Brian Klaas closeBrian KlaasDemocracyPost","dropping-particle":"contributorEmailEmailBioBioFollowFollowDemocracyPost"}],"accessed":{"date-parts":[["2019",10,14]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (contributor, n.d.).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY contributor, B. K. close Brian K. contributor Email Bio Follow Democracy Post. (n.d.). Opinion | A short history of President Trump’s anti-Muslim bigotry. Retrieved October 14, 2019, from Washington Post website: https://www.washingtonpost.com/opinions/2019/03/15/short-history-president-trumps-anti-muslim-bigotry/

Lemon v. Kurtzman. , (1971).

Smith, J. I. (2009). Islam in America. In Muslims in the West after 9/11 (pp. 38–52). Routledge.