Rights And Legal Issues

Rights and Legal Issues

Your Name

Institution

Question 1:

Which Amendment in the Bill of Rights do you feel is the most important with regard to the rights of incarcerated individuals? Explain your reasoning.

The first amendment in the bill of rights regarding the right to freedom of religion is one of the most important amendments for the prisoners. By the order of the supreme court, the prison authorities should provide incarcerated individuals with opportunities to practice religion CITATION TRC00 \l 1033 (TR Clear, 2000). In an independent state, everyone shall have an equal right to practice their religion. And I think the same rule to practice religion should apply to prison as well. A prisoner belonging to any religion can be a victim, there are many complaints about Muslim inmates who are forced to eat pork which is prohibited in their religion. Similarly, Christian inmates complain that they are not allowed to preach. Unless it is not hurting anyone, a person should be allowed to practice his/ her religion.

Question 2:

What major issues exist with regard to the legality of corrections programs? Explain.

There are many issues regarding the legality of correction programs. Poor mental healthcare is one of the many major issues that prisoner faces. When the prisoner is in pain, warden or CO of the facility should not just say that I am not a doctor and walk away. The safety and the well-being of the prisoners should be the responsibility of prison officials CITATION BAW12 \l 1033 (BA Williams, 2012). Prison does have a physician, but no specialist. Most prison does not have psychiatrists or therapists. In my understanding, prison is the facility where a mental health professional is much needed.

Question 3:

Do you feel that prisoners should be allowed recreational programs? Why or why not?

Prisoners should be allowed recreational programs, as it will improve their quality of life. Recreational programs not only help in reducing the idle time of the prisoners but also improve their quality of life. No recreational program will add to the discomfort of prisoners. Although prisoners are not free citizens, their quality of life should be lowered to those of free people. According to the prison's standard, a recreational program can include exercise, outdoor recreation, and even celebration.

Question 4:

Do you feel that prisoners should be allowed various types of luxuries such as television, reading materials, and so on? Why or why not?

Yes, the prisoners should be allowed to have access to television, reading material, and even the internet. I don't think a television with a censored channel are luxuries. Similarly, book and newspaper are also not a luxury. There should also be a movie night in prison. But material which is provided by these luxury items should be controlled. The movie, television, and book should be violent. Moreover, there should be controlled internet access for the prisoners in prison libraries. Similar to books and television, internet usage should be limited to learning only. As long as the data provided does not bring harm to anyone by any mean, it should be allowed for the prisoners.

Question 5:

What do you think constitutes cruel and unusual punishment in a correctional environment? Explain.

There is a reason why prisons are called correction facilities. A badly treated prison will be back in our society. No cruel punishment can fix a person's action or behavior. A punishment that inflicts humiliation, pain, and suffering is considered cruel and unusual CITATION JBo90 \l 1033 (J Bonta, 1990). There are many stories of cruel punishment within the correction facilities; tied up with broken toilet pipes, cold baths, solitary confinement, and many more. A prisoner should be treated as a human being and no cruel punishment should be acceptable in the correction facility

Question 6:

How do you feel about the medical care provided to prisoners? Explain.

Prisoners are provided with poor medical care. Sick inmates are left untreated unless their condition becomes critical. A prisoner is prone to get mentally ill and develop a psychotic disorder. But in most prisons, there are no mental health professionals available. In most prisons, there is only one physician for 500 to 1000 inmates. The constitution gives the right of health to the citizen and even the prisoners. Cases of prisoner’s death due to poor health or punishment are very common.

Question 7:

Should there be any restrictions? Why or why not?

Yes, there should be restrictions on prisoners. As there is a big issue of drug usage in a prison, there should be a restriction of mail in prison. There should also be a restriction on violent reading material as it mentally affects the prisoners. Prisons official should ban the books which violent and threatening. Similarly, if the prison is providing its inmates with facilities such as television and phone calls, there should be a proper restriction on their usage. These restrictions will ensure the safety of other inmates and also the safety of prison guards and wardens.

References

BIBLIOGRAPHY BA Williams, J. G. (2012, May 29). Addressing the aging crisis in US criminal justice health care. Journal of the American Geriatrics Society. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1532-5415.2012.03962.x

J Bonta, P. G. (1990). Reexamining the cruel and unusual punishment of prison life. Law and Human Behavior. Retrieved from https://psycnet.apa.org/record/1991-02594-001

TR Clear, P. H. (2000, Feb 1). The value of religion in prison: An inmate perspective. Journal of Contemporary Criminal Justice. Retrieved from https://journals.sagepub.com/doi/abs/10.1177/1043986200016001004

Role Of The Courts In Parliamentary Sovereignty

Role of Courts in Parliamentary Sovereignty

[Name of the writer]

[Name of the institution]

Role of Courts in Parliamentary Sovereignty

Every state follows its own laws that determine the acceptance of an act in a particular state. The judges decide to accept or reject plea agreements, release the offenders, sentence the convicted. The court hierarchy has power through which it protects the right of an individual to defend their rights and place in society. The primary role of the court is to decide on a legal dispute among two different parties, based on the constitution. There exist three main purposes of the Constitution including authorization of an organization for a smooth flow, elaborate the duties and authority of those in power, and protect the people against abuse of power. The administrative law encompasses laws related to government actions including immigration, taxation, the role of supervisory bodies, special tribunals and examinations concerning the decision of challenges involving the government. Apart from the ordinary law, every country follows a set of documents known as ‘Written Constitution’ which states the basic rights and laws. We believe that the Court of Justice plays a vital role in the smooth run of self-governing states. If any individual violates the rights of a citizen, he or she must be dealt with according to the law.

The court in the UK legal system is an authority that empowers a person to decide based on the laws. Varying court levels are established including Magistrate’s Court, the Appellate Court, County Court, Crown Court, and Her Majesty’s Court to deal with different conflicts. A judge considers legislation and precedent for ruling a case, according to the Common Law System.

In the eminent case of Donoghue V Stevenson, the court surprisingly changed the negligence law by justifying through older cases and without passing any legislation. The Court system of the UK provides equality, fairness, and neutrality in accordance to the law system. These courts also review and evaluate the constitution and if they find any issue, they refer it to the higher courts and Parliament. According to the Separation of Power, there are three main law bodies including executive, legislative, and judiciary. While each of them is independent, yet the operation of one affects the other.

Some cases illustration that the court has the obligation to act according to the constitution, regardless of the situation. The Thoburn v Sunderland safety Council case determined that a hierarchy of acts of parliament exists, which state constitutional rights and affect the relationship between state and citizens. In the R V Secretary of State for Transport case, a new English enactment proposed that for registering a ship in England, it is necessary that the majority of the proprietors possess English nationality. The Spanish anglers asserted that this law went against the European Community laws. The issues arose due to the inconsistency among residential and European Community Enactment, however, the law of European Community Enactment is considered dominant.

See The Attachment

Law and International Law

Name

Affiliation

Date

Law and International Law

In the case study of Patrick, who got his infant nephew injured in a road accident, due to his negligence towards the child, a number of people got involved and injured in the case. First of all, the nephew got shocked when he came in front of Jackson's car. Secondly, Amy, the mother of another child, tried to save the kid and got herself injured while colliding with the car. Thirdly, Jackson's car could not keep the balance after pulling the breaks suddenly and getting pushed by Amy and ended up hitting the park equipment. Due to that, a child broke his leg. After that, the person behind Jackson pulled his breaks and collided with a tree, getting a little head injury and harming the tree as well.

The four key elements of the tort of negligence include duty, breach, causation, and damages. Duty means that the defendant had the legal duty of being saved by the plaintiff, according to the circumstances. Breach means that the defendant has not played his/her part according to his/her duty and failed to ensure the better outcome of the scenario. Causation means that the defendant has caused any kind of injury or harm to the plaintiff due to his or her actions. Damages mean that the plaintiff had to face the damages of any kind due to the negligence of the defendant. When considering the amount of compensation paid to an injured party for any negligent act, the court generally aims to achieve some outcomes for the plaintiff, which includes the relationship between the two involved parties. In addition to it, it also considers the nature of the obligation, measures of the damages, as well as the remoteness or the causation of the damages.

The actions available in relation to the tort of negligence involve the duty of care, breach of duty, causation, and damages. There are more than one plaintiffs, as well as defendants in the case, who had to suffer due to the negligence of each other. First of all, Patrick is the defendant as he committed the negligence element of duty of care towards his nephew. He was not in a good mental health condition; still, he took his nephew out for a walk in the park and failed to take care of him, due to which he was about to get hit by a car. Secondly, Amy is the defendant as well as the plaintiff, under the elements of causation and damages. She is the defendant in the way that Patrick failed to look after his nephew, and she had to step up in order to save the kid. If he had done a good job and taking care of the child, she would not have got involved in the case. She received damages in the form of physical injury. On the other hand, she is the plaintiff under the negligence element of causation. She was aware of the fact that the Jackson was driving within the speed limit and had seen the child, as well as he was trying to save the child. She also tried to save the child and ended up hitting the car. She should have acted in a more careful manner and should have avoided hitting the car. The next defendant, as well as the plaintiff, is Jackson under the negligence element of damages. He is the plaintiff in the way that he was driving within the speed limit, as well as tried his best to avoid the collision, however, ended up destroying the property of park and hurting a child. If Patrick had looked after the child, the scenario would not have taken place. Jackson is the defendant due to the element of causation. He tried to pull breaks and ended up hitting the park property. He knew that an accident was about to happen, so he should have acted more carefully and tried to move in some direction where he could have avoided hitting the park property, which actually hurt a child. The next defendant is the child who broke his leg, after the swing was hit by the car of Jackson, under the element of damages, as he faced physical injury. The last defendant is Rump who lost the balance due to the collision in front of him and got a head injury, under the element of damages (Best, Barnes, & Kahn-Fogel, 2018).

Three Australian cases that may be considered in any of the negligence actions according to this scenario include Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51, Bryant v Competitive Foods Australia Pty Ltd & Ors [2018] QDC 258 and the case of Lee v Carlton Crest Hotel (Sydney) Pty Ltd [2014] NSWSC 1280. The cases relate to the incident in the way that the plaintiffs of these cases faced some injury, as well as other damages due to the negligence of the defendant and if the defendant had acted more carefully, the situation could have been avoided.

The relevant legislation which the Western Australian Court might consider in deciding any of the actions located in the above scenario includes the tort of negligence as well as the contract law. The tort of negligence is applicable because the defendant failed to act more carefully and avoid the happening of the scenario at multiple times. In addition to it, every defendant played a part in increasing the impact and injuries caused due to the scenario. The contract law is applicable to the scenario in the way that the parties are not related to each other, as well as did not share any ill feelings towards each other, prior to the incident, which would have become their reason of causing damage to the other party. In addition to it, all the defendants have suffered in one or the other way, so it is better to solve the scenario by signing the contract and paying for the damages (Goldberg, Sebok, & Zipursky, 2016).

Some of the benefits of having a tort of negligence compared to just using contract law include the fact that the tort of negligence considers in detail the damages caused to the parties involved, as well as assessing the scenario how the involved parties could have played d their role in avoiding or minimizing the damages. On the other hand, the contract law mostly focuses on the type of relationship between the parties and asses the damages accordingly, while giving preference to the negligence or breach of duty committed by the parties (Burrows, 2018). In addition to it, contract law becomes applicable in the scenario when the involved parties are related to each other through some contract, for example, the employee and employer, or the medical or any other service provider and their clients. The negligence committed and damages caused in such scenarios are death by using the contract law. While the tort of negligence can also be used in such scenarios, it is specifically used for the parties who are not related or bound to each other.

References

Bankstown City Council v Zraika; Roads and Maritime Services v Zraika [2016] NSWCA 51.

Best, A., Barnes, D. W., & Kahn-Fogel, N. (2018). Basic tort law: cases, statutes, and problems. Wolters Kluwer Law & Business.

Bryant v Competitive Foods Australia Pty Ltd & Ors. [2018] QDC 258.

Burrows, A. S. (2018). Contract, Tort, and Restitution—A Satisfactory Division or Not?. In Restitution (pp. 3-53). Routledge.

Goldberg, J. C., Sebok, A. J., & Zipursky, B. C. (2016). Tort Law: Responsibilities and Redress. Aspen Publishers.

Lee v Carlton Crest Hotel (Sydney) Pty Ltd. [2014] NSWSC 1280.

Sekhar V. United States

Assignment Title

Student’s name

Professor’s name

Subject Code

University

Table of Contents

TOC \o "1-3" Case: Sekhar v United States PAGEREF _Toc20178654 \h 2

Parties PAGEREF _Toc20178655 \h 2

Facts PAGEREF _Toc20178656 \h 2

History PAGEREF _Toc20178657 \h 2

Petitioner’s Theory PAGEREF _Toc20178658 \h 3

Respondent’s Theory PAGEREF _Toc20178659 \h 3

Issues PAGEREF _Toc20178660 \h 3

Holdings PAGEREF _Toc20178661 \h 3

Reasoning PAGEREF _Toc20178662 \h 3

Result PAGEREF _Toc20178663 \h 3

Evaluation PAGEREF _Toc20178664 \h 4

Reference PAGEREF _Toc20178665 \h 5

Case: Sekhar v United States

Parties

Petitioner: Giridhar C. Sekhar

Respondent: United States

Facts

The General Counsel of Office of the State advised against investing the pension funds in a venture of FA Technology, which would have earned millions in service fees otherwise. Soon after the advice, the Counsel received an anonymous email suggesting him to advice for the investment whilst threatening him for disclosing his extramarital affair to his wife, and others. The email also suggested him to do this within the next 36 hours. The Counsel, on the advice of the law enforcement, asked for more time, which was granted. Meanwhile, the IP address of the email was traced back to the home computer of Sekhar, FA Technology’s managing partner. He admitted to sending the emails.

History

Serial No.

Action(s)

Date

01

Filing of petition for writ of certiorari

19-09-2012

02

Waiting for response to the petition

16-10-2012

03

Filing of response by the respondent (U.S.)

20-11-2012

04

Filing of reply to the petitioner (Sekhar)

28-11-2012

05

Distributing for January 4 conference

05-12-2012

06

Distributing for January 11 conference

07-01-2013

07

Granting of the petition

11-01-2013

08

Setting for arguments

11-02-2013

09

Filing of joint appendix

25-02-2013

10

Filing of brief by the petitioner (Sekhar)

25-02-2013

11

Circulating

01-03-2013

12

Filing of the brief amici curiae

04-03-2013

13

Filing of the brief amici curiae

27-03-2013

14

Filing of the reply of the petitioner (Sekhar)

15-04-2013

15

Making of arguments for the respondent and the petitioner

23-04-2013

16

Reversing the judgment

26-06-2013

17

Issuing the judgment

29-07-2013

Petitioner’s Theory

The petitioner argued that Hobbs Act prohibits obtaining ‘property’ using threat, and The General Counsel’s advice is not a property.

Respondent’s Theory

The respondent argued that it has the right to make professional decisions without ant external pressures, and that this right is an intangible personal property.

Issues

If the recommendation, through professional, made by the respondent is an intangible property when the respondent is a salaried employee of the governmental agency, and if such property can be subject of an extortion attempt under Hobbs Act.

Holdings

No. The court decided that the recommendation, through professional, made by the respondent is not an intangible property when the respondent is a salaried employee of the governmental agency, and such property cannot be subject of an extortion attempt under Hobbs Act.

Reasoning

The key question was that if the advice of the General Counsel constituted property. The court gave the reasoning that the respondent does not possess the right of the respondent to make a professional recommendation is not transferable. For this reason, this right lacks the prerequisite characteristic of an extorted property.

However, Justice Samuel gave his opinion that the internal advices of the General Counsel are not considered in the context of a property. Therefore, the right of transferring such properties become irrelevant in this scenario. The occurrence in the judgment was joined by Justice Sonia and Justice Anthony.

Hence, the court decided that such property where the recommendation is made by a salaried employee of a governmental agency is not subject of an extortion attempt under Hobbs Act.

Result

The decision of the previous court was reversed. It was decided that advice of the General Counsel does not characterize as a property, and thus, cannot be transferred. Also, it is not subject to such extortion.

Evaluation

In my opinion, the court must have decided that such recommendations of the General Counsel constitute an intangible intellectual property, which is subject to extortion under the Act.

Reference

Sekhar v. United States, 570 U.S. (2013)

Sentencing Options

Sentencing Options

Christine Jones

[Institutional Affiliation(s)]

Author Note

Sentencing Options

Mandatory sentences are statutes that bind judicial officers to deliver a fixed or minimum penalty upon the offender after guilt has been established. The imprisonment term or penalty applies equally to all offenders guilty of the particular crime regardless of the circumstances. Mandatory sentencing can overpower the judiciary’s discretion to make legal decisions or apply penalties at their own discretion with regards to the crime. Although the element of discretion is present throughout the criminal process, limiting abuse of discretion forms the essence of the system of rule of law. Mandatory sentencing encourages consistency in the courtroom, however, not every eventuality can be foreseen by the law and hence, every convicted person is treated in the same way.

Mandatory sentencing directly involves the executive and legislative branches of government into the criminal process by reducing the sentencing discretion of the judge and thus limiting their rule to handing out a pre-mandated punishment. Although it achieves a certain form of consistency in sentencing, the approach has led to significant increases in incarceration rates, created additional costs for the justice system, and tends to disproportionately affect certain marginalized groups in the society. Moreover, public opinion remains a key influencer of introducing mandatory sentencing statutes especially in the case of serious crimes. Yet, public opinion is prone to influence and can change based on the context of the information provided to them and is thus malleable CITATION War18 \l 1033 (Warner, Spiranovic, Freiberg, & Davis, 2018). Consequently, these schemes create further uncertainty and delays in serving justice.

Judicial discretion, on the other hand, should remain a key part of criminal sentencing because each case is different from the other and requires a careful balancing between the severity of the offense, the facts of the case, and the personal circumstances of the offender or accused. Critics have frequently pointed out a lack of evidence of mandatory sentencing schemes deterring crime or improving public confidence CITATION Ash05 \l 1033 (Ashworth, 2005). Furthermore, taking away the element of moral judgment when sentencing offenders based upon the individual facts and circumstances of the case can lead to unjust outcomes. It explains why a significant number of judges are supportive of judicial discretion since it is the judge who has the complete facts, context, circumstances of the crime, and the characteristics of the accused in front of him/her CITATION Mac05 \l 1033 (Mackenzie, 2005). Mandating fixed sentences creates a mechanical sentencing process taking away the human element and the individual circumstances involved in the process. Thus, according to Judge Cooke, "the exercise of discretion in sentencing must remain in human hands. You cannot program a computer to register the ‘feel' of a case, or the impact that a defendant makes upon the sentence.” CITATION Ash05 \l 1033 (Ashworth, 2005).

Although mandatory sentencing regimes allow the justice system to achieve better consistency and enable the parliament to become more directly involved with the criminal justice system, it eventually comes with a cost to individual justice. Offenders are sentenced based on associated societal costs, while the process itself remains marred by undue complexity and often the avoidance of certain provisions. Nevertheless, a complete absence of sentencing guidelines may blur the criteria to judge the appropriateness of a sentence. In this regard, Exum (2016) suggests that judges should rely on other data sources to inform them of the best ways to achieve sentencing purposes and goals. The development and use of sentencing resources such as data, studies, expert opinions, etc. will provide judges with information relevant to the available sentencing options and help them achieve greater focus on sentencing goals and purposes. Reliable data from studies can also help judges evaluate the impacts of the sentences on families, communities, individuals, and offenders as they exercise their discretion.

References

BIBLIOGRAPHY Ashworth, A. (2005). Sentencing and Criminal Justice (4th ed.). New York, NY: Cambridge University Press.

Exum, J. J. (2016). A Commentary on Judicial Discretion, Mandatory. Federal Sentencing Reporter, 28(3), 209-210. Retrieved from https://fsr.ucpress.edu/content/28/3/209

Mackenzie, G. (2005). How Judges Sentence. Sydney, NSW: The Federation Press.

Warner, K., Spiranovic, C., Freiberg, A., & Davis, J. (2018). Mandatory sentencing? Use [with] discretion. Alternative Law Journal, 43(4), 289-294. doi:10.1177/1037969X18793967

Sharia Law

Sharia Law

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

[Institutional Affiliation(s)]

Author Note

[Include any grant/funding information and a complete correspondence address.]

Sharia Law

Sharia Law is the legal system of Islam. In other words, Sharia is Islam’s legal system that is adopted by the entire human community in all other world. This is derived from both Islamic and Koran central fatwas and text that are the rulings of the scholars of Islam or Islamic scholars.

The literal meaning of Sharia is “the clear, well-trodden path to water”. The law of Sharia acts as an entire life code or code of living that every Muslim should adhere to, which includes prayers, fasting, and donation to the poor. The Sharia law is aimed to help every Muslim understand how they have to and should lead each and every aspect of their lives as per the wishes of Almighty ALLAH.

By the living and system of life of Muslims, Sharia law can be found informing every aspect of their daily lives. For instance, a Muslim male or female wonders about what should be done in a case he or she has been invited him or her to the pub after work might turn to a scholars of Sharia to an advice to make sure that they act within the legal framework set for them by his and her religion (Johnson, & Vriens, 2014). Furthermore, there are a number of other areas as well for which Muslims usually turn to Sharia law and scholars. These matters mainly include family law and matters, Islamic business law and other financial matters or concerns.

In terms of historical development, Sharia law established under the leadership of the Prophet Muhammad (PBUH) at Medina in 622 where the basic standards of the conduct have been laid down in/by the Quranic revelations. After a long time, the later developments in the Sharia law include the thesis formed by Al-Shafi that works as the basis of the classical theory of the roots of jurisprudence. These developments in the shape of Al-Shafi’s thesis crystalized in the early days of the 10th century. For the purpose to get an answer for a legal matter, the jurist must proceed to get the consultation from the Quran and Hadith and then proceed to figure out and state the solution to the concern or matter at hand (Johnson, & Vriens, 2014).

Leaving faith or apostasy is one of the critical issues in the Islamic world. In the current time, the apostasy or leaving the faith is one of the most controversial and critical issues in the Muslim world and the experts state that the majority of scholars believe and say that this is punishable and the punishment is death. But on the other side, a large number of Muslim thinkers, mainly those who are associated with the societies of Western regions and areas, argue that the punishment of such actors of such acts or deeds should be left to God (Nmehielle, 2004). But this concept is a part of thinkers’ views and concepts. Like a proper legal system, Sharia is a complete and complex system for the entire Muslim community around the world and the practices of it are completely reliant on the training and quality of the experts of the Islamic faith. In the Sharia law, the guidance and principles that are used as directions for life and considered as a formal legal ruling is known as Fatwa. By schools, there are five schools of Sharia law where the four schools are Sunni doctrines that are Hanbali, Shafi, Maliki, and Hanafi while the other is Shia doctrine which is Shia Jaapari (BillionBibles, 2019). In short, the mentioned five doctrines vary in how literally they interpret the texts from which the law of Sharia or Sharia law is derived.

References

BillionBibles. (2019). Sharia Law - List of Key Rules - What Is Sharia Law? Retrieved 29 January 2020, from https://www.billionbibles.org/sharia/sharia-law.html

Johnson, T., & Vriens, L. (2014). Islam: Governing under Sharia. Council on Foreign Relations, 25.

Nmehielle, V. O. (2004). Sharia Law in the Northern States of Nigeria: To implement or not to implement, the constitutionality is the question. Human Rights Quarterly, 730-759.

Sheriff Trainee Resume

[YOUR NAME]

-19050-37147500[Picture]

[Your address, Contact, Email ID]

PROFESSIONAL SUMMARY

Formal security guard at Allied Universal security and have experience in interacting with the local PD. Experience in making calls and writing reports. Ability to interact with the customers and community and de-escalation activities. Looking forward to secure a position as Deputy Sheriff in a reputable Police Station.

SKILLS

Bilingual

Clear communication skills

Decision making ability

Strong interpersonal skills

Knowledge of Microsoft Office

Conflict resolution skills

EXPERIENCE

Ventura County Office of Education

June, 2017- Present

Working with special needs students at special education school throughout the Ventura County

Working with different types of students

Field teaching students how to shop at stores, help at job site for student and achieving other goals they have for the day

Assisting other staff with feeding, changing and as required

Helping with daily routines and in class assignments

Participating with students in activities

Acting as behavioral respite

[Name of the organization]

March, 2019- Present

Working with special needs students in their home as a respite care while parents are away

NCPI trained in holds for severe behaviors

Working with all age groups from adolescents to post-secondary

Following safety guidelines and policies to ensure safe environment for the customers and myself

Reminding clients to take their medications on time

Properly using ABA therapy to de-escalate situations to get positive results

EDUCATION

Short Answer

Short Answer

Author Name

[Institutional Affiliation(s)]

Short Answer

There are many reasons for people to commit white-collar crimes. They are easy, difficult to trace, and bring huge financial benefits with them. Normally, an individual or a single person cannot take such risks as it requires multiple phases and different identities to dodge the security apparatus. Allan believes that for such reasons, some reputable gangs or groups of web hijackers were observed to be committing such crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4pwugG9Z","properties":{"formattedCitation":"(Allan 2017)","plainCitation":"(Allan 2017)","noteIndex":0},"citationItems":[{"id":150,"uris":["http://zotero.org/users/local/8reWiRZH/items/J3FCYUC2"],"uri":["http://zotero.org/users/local/8reWiRZH/items/J3FCYUC2"],"itemData":{"id":150,"type":"article-journal","container-title":"Salus Journal","issue":"2","page":"50","source":"Google Scholar","title":"Understanding white-collar crime: An opportunity perspective [Book Review]","title-short":"Understanding white-collar crime","volume":"5","author":[{"family":"Allan","given":"Douglas"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Allan 2017). As white-collar crime has become the talk of the town after the Panama Leaks, different governments are taking measures to curb them. Therefore, there is a growing understanding among the general public that any illegal transaction can put them behind bars. Despite such proactive measures against this crime, there are people who commit these crimes regularly and have become habitual of such illegal transactions. There are many kinds of research that have explored the causes as to why people commit such crimes in a behavioral pattern.

According to Benson and Simpson, there are many reasons for people to commit a crime over and over again ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"FCnseizP","properties":{"formattedCitation":"(Benson and Simpson 2014)","plainCitation":"(Benson and Simpson 2014)","noteIndex":0},"citationItems":[{"id":149,"uris":["http://zotero.org/users/local/8reWiRZH/items/MR3WE5C4"],"uri":["http://zotero.org/users/local/8reWiRZH/items/MR3WE5C4"],"itemData":{"id":149,"type":"book","publisher":"Routledge","source":"Google Scholar","title":"Understanding white-collar crime: An opportunity perspective","title-short":"Understanding white-collar crime","author":[{"family":"Benson","given":"Michael L."},{"family":"Simpson","given":"Sally S."}],"issued":{"date-parts":[["2014"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Benson and Simpson 2014). Although quite simple, many thorough kinds of research have ignored these concepts in criminal activities. Simpson believes that if any person is successful in dodging the security apparatus or law enforcement, it gives him the confidence for committing the crime again. The white-collar crime is largely different from conventional crime. It gets less attention from the law enforcement and the high expertise of the criminals over the crime, compared to that of law enforcement agencies, leaves space for them. Another interesting aspect attached to these criminal activities is the large and uninterrupted access to technology. Criminals who commit these crimes have access to such technologies which gradually enable them to commit these crimes in a regular manner. Lastly, the weak security apparatus in many countries worldwide is the reason for such large violations.

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Allan, Douglas. 2017. “Understanding White-Collar Crime: An Opportunity Perspective [Book Review].” Salus Journal 5(2): 50.

Benson, Michael L., and Sally S. Simpson. 2014. Understanding White-Collar Crime: An Opportunity Perspective. Routledge.

Short Answer

Short Answer

Pas

Short Answer

The complex business structure had been a source of criminal activities since modern times. These business structures had been the forehand for the criminal activities which have caused unrest in different regions of the world. Thomas Wood and Ana Paula’s research about the Brazilian notorious corporate structure provides a practical example of how such complex business structures had been a source of corruption and venality. For example, in presenting an example of how such complex structure aids illicit activities worldwide, the authors present the example of Banco Santos. Some consider it a scam, however, some believe that Banco Santos had been an organized business model, which maintained sophistication, internal coherence and complexity to further the objective of furthering the financial criminal agenda ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"CyduYdml","properties":{"formattedCitation":"(Alcadipani and de Oliveira Medeiros 2019)","plainCitation":"(Alcadipani and de Oliveira Medeiros 2019)","noteIndex":0},"citationItems":[{"id":109,"uris":["http://zotero.org/users/local/8reWiRZH/items/75VCJSIR"],"uri":["http://zotero.org/users/local/8reWiRZH/items/75VCJSIR"],"itemData":{"id":109,"type":"article-journal","container-title":"Journal of Business Ethics","page":"1–13","source":"Google Scholar","title":"When Corporations Cause Harm: A Critical View of Corporate Social Irresponsibility and Corporate Crimes","title-short":"When Corporations Cause Harm","author":[{"family":"Alcadipani","given":"Rafael"},{"family":"Oliveira Medeiros","given":"Cíntia Rodrigues","non-dropping-particle":"de"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Alcadipani and de Oliveira Medeiros 2019). Such sophistication, as a result, provided them with the ability to maintain a pretext for fraudulent transactions. A similar pattern of complex behaviour was adopted by companies named Enron and Madoff.

These complex business structures facilitated the complex business structures by identifying a market niche, using aggressive commercial practices, building an organization’s image, managing a centralized model and employing fraudulent practices. More anonymity is added to these practices by using web address and mailing address of foreign countries. These aspects attached to the fraudulent measures involving business activities had been a source to transfer the mega amount of money to faraway countries. Another way of using business structures is analyzed by Lord (et. al), believes that since businesses bring reserves to countries, therefore, countries with weak financial reserves and investment requirement normally avoid investigating complex business structure ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"r19oCvQG","properties":{"formattedCitation":"(Lord, Wingerde, and Campbell 2018)","plainCitation":"(Lord, Wingerde, and Campbell 2018)","noteIndex":0},"citationItems":[{"id":108,"uris":["http://zotero.org/users/local/8reWiRZH/items/4KSBDJPP"],"uri":["http://zotero.org/users/local/8reWiRZH/items/4KSBDJPP"],"itemData":{"id":108,"type":"article-journal","container-title":"Administrative Sciences","issue":"2","page":"17","source":"Google Scholar","title":"Organising the Monies of Corporate Financial Crimes via Organisational Structures: Ostensible Legitimacy, Effective Anonymity, and Third-Party Facilitation","title-short":"Organising the Monies of Corporate Financial Crimes via Organisational Structures","volume":"8","author":[{"family":"Lord","given":"Nicholas"},{"family":"Wingerde","given":"Karin"},{"family":"Campbell","given":"Liz"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Lord, Wingerde, and Campbell 2018). Facilitation in financial crimes is also done by the use of symbolic resources as well by employing different management techniques. Although companies are not directly linked to such activities, in many cases, they are been made part of such activities when there remains no option, other than to streamline the channel of business-related fraudulent activities.

References:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Alcadipani, Rafael, and Cíntia Rodrigues de Oliveira Medeiros. 2019. “When Corporations Cause Harm: A Critical View of Corporate Social Irresponsibility and Corporate Crimes.” Journal of Business Ethics: 1–13.

Lord, Nicholas, Karin Wingerde, and Liz Campbell. 2018. “Organising the Monies of Corporate Financial Crimes via Organisational Structures: Ostensible Legitimacy, Effective Anonymity, and Third-Party Facilitation.” Administrative Sciences 8(2): 17.

Short Answer

Short Answer

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[Institutional Affiliation(s)]

Author Note

Short Answer

Extra-legal Remedies

Under the Tort Law, extra-judicial remedies are such measures that do not involve the court for reparation and the aggrieved party chooses to treat the wrongdoing themselves. In such circumstances, the party neither approaches the court nor charges the defendant but does act lawfully. For instance, such remedies give the aggrieved party the rights of ejection of a trespasser, re-entry on land or property, re-caption of chattels/goods, abatement of the nuisance or repairing damage caused by animals or chattels. These rights allow the property owner to apply a reasonable amount of force towards the wrongdoer to get compensated against their damages ("Injunction and Extra Judicial Remedies under Tort Law," n.d.).

According to Benson & Simpson (2018), extrajudicial controls have various forms. In the form of socialization, family and peers play a vital role in developing norms and values in society. Ethical principles instil practiced social behaviour among youngsters. However, in the case of white-collar crimes, people encounter ethical dilemmas unlike in regular crimes. The previous studies show that people pay less importance to white-collar crimes because of the little awareness about their consequences and adverse effect in society. Therefore, it is suggested that considerable amount of force should be applied, employing extralegal strategies to control white-collar crimes which may lead to traditional crimes if not catered to in time ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Nxlw007h","properties":{"formattedCitation":"(Benson & Simpson, 2014)","plainCitation":"(Benson & Simpson, 2014)","noteIndex":0},"citationItems":[{"id":228,"uris":["http://zotero.org/users/local/2y0xTiQs/items/UEVGDG94"],"uri":["http://zotero.org/users/local/2y0xTiQs/items/UEVGDG94"],"itemData":{"id":228,"type":"book","abstract":"Unlike other books of its kind, Understanding White-Collar Crime: An Opportunity Perspective uses a coherent theoretical perspective in its coverage of white-collar crime. Using opportunity perspective, or the assumption that all crimes depend on offenders having some sort of opportunity to commit an offense, allows the authors to uncover the processes leading up to white-collar crimes and offer potential solutions to this rampant issue, without being reductive in their treatment of the topic. With this second edition, Benson and Simpson have greatly expanded their coverage to include new case studies, substantive materials, and an annotated appendix of online resources to make this a core book for courses on white-collar crime.","ISBN":"978-1-134-48764-6","language":"en","note":"Google-Books-ID: zC2LBQAAQBAJ","number-of-pages":"376","publisher":"Routledge","source":"Google Books","title":"Understanding White-Collar Crime: An Opportunity Perspective","title-short":"Understanding White-Collar Crime","author":[{"family":"Benson","given":"Michael L."},{"family":"Simpson","given":"Sally S."}],"issued":{"date-parts":[["2014",11,20]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Benson & Simpson, 2018).

With the help of extrajudicial remedies, people can solve their problems without the help of courts which has lessened the burden of courts and provides them more time to focus on important criminal cases. They also provide a source of self-help for society. These remedies are executed peaceably without creating much chaos. However, such remedies have some disadvantages as well if not applied appropriately. Some people may use more force than required to fix their damages under the name of extralegal remedies with rebellious intentions to harm others which may lead to a criminal offence. This may cause commotion and disputes among the people in society (Dimatteo & Cristina, 2018).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Benson, M. L., & Simpson, S. S. (2018). Understanding White-Collar Crime: An Opportunity Perspective. Routledge.

Dimatteo, L. A., Poncib&#243, & Cristina. (2018). Quandary of Smart Contracts and Remedies: The Role of Contract Law and Self-Help Remedies. European Review of Private Law, 26(6), 805–824.

Injunction and Extra Judicial Remedies under Tort Law. (n.d.). Retrieved December 12, 2019, from http://www.legalserviceindia.com/legal/article-484-injunction-and-extra-judicial-remedies-under-tort-law.html

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Responses to Questions

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[Include any grant/funding information and a complete correspondence address.]

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Response One

When a criminal act is implemented on the offenders, there are likely chances that criminals start confronting other problems and criminal prosecutions become challenging ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"shZ0XAny","properties":{"formattedCitation":"(Benson & Simpson, 2014)","plainCitation":"(Benson & Simpson, 2014)","noteIndex":0},"citationItems":[{"id":1595,"uris":["http://zotero.org/users/local/F0XOCTdk/items/GPBMPF86"],"uri":["http://zotero.org/users/local/F0XOCTdk/items/GPBMPF86"],"itemData":{"id":1595,"type":"book","title":"Understanding White-Collar Crime: An Opportunity Perspective","publisher":"Routledge","number-of-pages":"336","source":"Google Books","abstract":"Unlike other books of its kind, Understanding White-Collar Crime: An Opportunity Perspective uses a coherent theoretical perspective in its coverage of white-collar crime. Using opportunity perspective, or the assumption that all crimes depend on offenders having some sort of opportunity to commit an offense, allows the authors to uncover the processes leading up to white-collar crimes and offer potential solutions to this rampant issue, without being reductive in their treatment of the topic. With this second edition, Benson and Simpson have greatly expanded their coverage to include new case studies, substantive materials, and an annotated appendix of online resources to make this a core book for courses on white-collar crime.","ISBN":"978-1-134-48757-8","note":"Google-Books-ID: 8S2LBQAAQBAJ","shortTitle":"Understanding White-Collar Crime","language":"en","author":[{"family":"Benson","given":"Michael L."},{"family":"Simpson","given":"Sally S."}],"issued":{"date-parts":[["2014",11,20]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Benson & Simpson, 2014). To avoid such situations it is important to focus on criminals, and this may include bringing changes in criminal behaviours, providing more opportunities to them, and dealing them legally. Punishing criminals and the threat of force is not always a solution to control crime; rather, it is important to make criminals believe in fair justice system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"i2YfPWN3","properties":{"formattedCitation":"(Papachritos et al., 2012)","plainCitation":"(Papachritos et al., 2012)","noteIndex":0},"citationItems":[{"id":1599,"uris":["http://zotero.org/users/local/F0XOCTdk/items/8L5LBLGX"],"uri":["http://zotero.org/users/local/F0XOCTdk/items/8L5LBLGX"],"itemData":{"id":1599,"type":"article-journal","title":"Why do criminals obey the law-the influence of legitimacy and social networks on active gun offenders","container-title":"J. Crim. L. & Criminology","page":"397","volume":"102","author":[{"family":"Papachritos","given":"Adrew V."},{"family":"Meares","given":"Tracey L."},{"family":"Fagan","given":"Jeffrey"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Papachritos et al., 2012). Making them part of fair justice will benefit the law to control crimes. Criminal behavioural changes are important rather than subjecting them to the criminal justice system where they get treated inappropriately ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"bvQ80wcR","properties":{"formattedCitation":"(Simmons, 2019)","plainCitation":"(Simmons, 2019)","noteIndex":0},"citationItems":[{"id":1603,"uris":["http://zotero.org/users/local/F0XOCTdk/items/GWYXXRVS"],"uri":["http://zotero.org/users/local/F0XOCTdk/items/GWYXXRVS"],"itemData":{"id":1603,"type":"article-journal","title":"The Importance of Mental Health Courts for Psychiatry & the Criminal Justice System","container-title":"University of Ottawa Journal of Medicine","page":"20-23","volume":"9","issue":"2","source":"uottawa.scholarsportal.info","URL":"https://uottawa.scholarsportal.info/ottawa/index.php/uojm-jmuo/article/view/4335","DOI":"10.18192/uojm.v9i2.4335","ISSN":"2292-6518","language":"en","author":[{"family":"Simmons","given":"Alexander"}],"issued":{"date-parts":[["2019",12,28]]},"accessed":{"date-parts":[["2020",1,10]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Simmons, 2019). Bringing changes in the mentality of offenders will help them to avoid crimes, which will decrease the crime rates. Focusing more on criminals will save them from detentions and sentences.

Response Two

For victims and criminals, focusing on criminal act over the criminal may be beneficial for both, victims and criminals. The main benefit of focusing on criminal is to protect the victims by limiting criminals with the help of law and justice system of punishments. Objectives of Criminal Act may benefit others by providing protection to them and punishing offenders. Another benefit is to control criminals from committing crimes by minimizing utility (maximizing harm). On the community level, criminal act protects the offenders, and community may utilize deterrent sentences against wrongdoers ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HXdRVVBN","properties":{"formattedCitation":"(Tyler, 2009)","plainCitation":"(Tyler, 2009)","noteIndex":0},"citationItems":[{"id":1601,"uris":["http://zotero.org/users/local/F0XOCTdk/items/KK53LBQ6"],"uri":["http://zotero.org/users/local/F0XOCTdk/items/KK53LBQ6"],"itemData":{"id":1601,"type":"article-journal","title":"Legitimacy and Criminal Justice: The Benefits of Self-Regulation","container-title":"Ohio State Journal of Criminal Law","page":"307","volume":"7","URL":"https://heinonline.org/HOL/Page?handle=hein.journals/osjcl7&id=311&div=&collection=","shortTitle":"Legitimacy and Criminal Justice","journalAbbreviation":"Ohio St. J. Crim. L.","author":[{"family":"Tyler","given":"Tom R."}],"issued":{"date-parts":[["2009"]],"season":"2010"}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Tyler, 2009). Focusing more on criminal act over criminal may be helpful to avoid future criminal acts, and this makes other offenders to learn that crimes are against the law. Criminal law is also helpful to avoid white-collar crime, but for certain reasons, this is not effective to give a response to the committers of white-collar crime ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"kwbqoBP8","properties":{"formattedCitation":"(Benson & Simpson, 2014)","plainCitation":"(Benson & Simpson, 2014)","noteIndex":0},"citationItems":[{"id":1595,"uris":["http://zotero.org/users/local/F0XOCTdk/items/GPBMPF86"],"uri":["http://zotero.org/users/local/F0XOCTdk/items/GPBMPF86"],"itemData":{"id":1595,"type":"book","title":"Understanding White-Collar Crime: An Opportunity Perspective","publisher":"Routledge","number-of-pages":"336","source":"Google Books","abstract":"Unlike other books of its kind, Understanding White-Collar Crime: An Opportunity Perspective uses a coherent theoretical perspective in its coverage of white-collar crime. Using opportunity perspective, or the assumption that all crimes depend on offenders having some sort of opportunity to commit an offense, allows the authors to uncover the processes leading up to white-collar crimes and offer potential solutions to this rampant issue, without being reductive in their treatment of the topic. With this second edition, Benson and Simpson have greatly expanded their coverage to include new case studies, substantive materials, and an annotated appendix of online resources to make this a core book for courses on white-collar crime.","ISBN":"978-1-134-48757-8","note":"Google-Books-ID: 8S2LBQAAQBAJ","shortTitle":"Understanding White-Collar Crime","language":"en","author":[{"family":"Benson","given":"Michael L."},{"family":"Simpson","given":"Sally S."}],"issued":{"date-parts":[["2014",11,20]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Benson & Simpson, 2014).

References

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Benson, M. L., & Simpson, S. S. (2014). Understanding White-Collar Crime: An Opportunity Perspective. Routledge.

Papachritos, A. V., Meares, T. L., & Fagan, J. (2012). Why do criminals obey the law-the influence of legitimacy and social networks on active gun offenders. J. Crim. L. & Criminology, 102, 397.

Simmons, A. (2019). The Importance of Mental Health Courts for Psychiatry & the Criminal Justice System. University of Ottawa Journal of Medicine, 9(2), 20–23. https://doi.org/10.18192/uojm.v9i2.4335

Tyler, T. R. (2009). Legitimacy and Criminal Justice: The Benefits of Self-Regulation. Ohio State Journal of Criminal Law, 7, 307. https://heinonline.org/HOL/Page?handle=hein.journals/osjcl7&id=311&div=&collection=

Social Media Privacy Rights

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Social Media Privacy Rights

In the present age, lots of signs of progress in technology have affected the privacy of society. Almost everyone in the world has gotten affected by these advances in technology. One of the major progress that technology has made is the invention and the mass use of the internet. Today majority of the people, from all over the world use the Internet to grow their private and professional jobs on an everyday basis. Internet is a gateway into massive volumes of material regarding nearly all the aspects of life together with education, business, politics, entertainment, social networking, and world safety. Major concern of the people who use the internet today is the rights to privacy. Social media privacy is the biggest concern of internet users today. Though there are some exceptions to privacy when it comes to national security. The government sometimes breaches privacy of the internet and the social media users to keep the security of the country or the institutes. However, the government should be protecting the privacy of the internet and social media users not destroying it.

In March 2017, WikiLeaks published what they state is a collection of trusted papers from the US Central Intelligence Agency, specifying the organization’s hacking and investigation skills. Among the main accusations are that the agency has established means to hack linked devices just like TVs, has given in the operational methods of prevalent smartphones, and has been unsuccessful to make merchandise companies mindful of safety defects in their merchandises. The Web Foundation founded by the web’s creator, Tim Berners-Lee called for an explanation and a response from the government of US. Craig Fagan, the Policy Director at the Web Foundation stated that governments must be maintaining the digital secrecy and safety of their nations, nonetheless, these supposed activities by the CIA have done the total opposite of. Weaponising daily used devices such as TVs and smartphones and failed to reveal susceptibilities to producers is hazardous and short-sighted. It has brought people all around the world at the jeopardy of attack from hackers and exploitive rules, and this news itself illustrates just how prospective such gears are to range beyond the company that produced them ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"cS1PmqmZ","properties":{"formattedCitation":"({\\i{}Essay about Government Control of the Internet - 2038 Words | Bartleby})","plainCitation":"(Essay about Government Control of the Internet - 2038 Words | Bartleby)","noteIndex":0},"citationItems":[{"id":163,"uris":["http://zotero.org/users/local/CyMh1xNF/items/ULF4RNPJ"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/ULF4RNPJ"],"itemData":{"id":163,"type":"webpage","title":"Essay about Government Control of the Internet - 2038 Words | Bartleby","URL":"https://www.bartleby.com/essay/Government-Control-of-the-Internet-P3L9ZEZVJ","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Essay about Government Control of the Internet - 2038 Words | Bartleby).

Being the leader of the country, the government should put some effort to secure the rights to privacy of the people. It has an obligation to guard people. If the government doesn't take some steps to protect online secrecy, it can be dripped into the hands of offenders or it may perhaps be hacked. If it is hacked or dripped to criminals, chaos will come to the entire state. That state will be in danger.

The government needs to defend the online privacy of their respective nations. If one ever Googles themselves, they will come to see how much of their personal information is available there. With the advancement of technology, corporations will garner more and more with our internet check-ins and we will not ever come to know about the majority of it. Somebody needs to put some sanctions on it and to regulate the whole thing, and no-one is in more power and authority than the government. The government by now is acquainted with everything about the people anyhow.

The law necessitates online facilities suppliers to guarantee that some information they gather is safe and to erase student data at the demand of the school or constituency and as following, technology persists to grow, this dispute develops further intricate. This fact is clear, nonetheless at the end of the day the pimple on your face you are posting the stuff about, will get away, and you will be unable to recall anything about it however the computer or the device that is used will remember always it.

Meddling by the government every time makes us anxious. Selected officials are interested as much by governmental feasibility as they are by the common good. There is a legal part for governments to play in safeguarding that firms behind social networks identify and follow up on authorized principles with respect to secrecy. From the time when the Ontario Court of Appeal affirmed in Jones v. Tsige1 that there is an offense of invasion of privacy in Ontario as a minimum and that Charter jurisprudence identifies secrecy as a central thing in our commandment and particularly acknowledges, as worthy of guard, a right to informational confidentiality that is different from individual and regional secrecy. It is reasonable to accept that government and the courts must be providing direction to companies regarding when, how, and if their movements go beyond legal margins for shielding confidentiality. Undoubtedly, arm’s length government organizations just like the Office of the Privacy Commissioner in Canada may assist or train us regarding our duties for protecting our individual data and the jeopardies of moving more and more of the data online. The OPC has and must endure exclaiming Facebook, Twitter, Google, and other digital media companies when they act in the break of Canada’s secrecy lawmaking and Contract jurisprudence on secrecy matters.

Nonetheless, at this time some democracies, together with the United States and Canada, have listed lawmaking that portects the Internet privacy under the pretense of providing the law enforcing organizations the capability to address systematized criminality and radicalism actions or, when we talk about the United States, to avoid piracy of films and song. The U.S. “Stop Online Piracy Act”, which was put on the back burner after extensive and operative online involvement which included 24-hour shutdowns on Wikipedia and Reddit in initial days of January 2012, might have pushed the Internet package providers to block websites alleged of violating exclusive rights or logo legislature. The United States proceedings were under fire at Internet piracy, to lots of sections they gave an impression of a government invasion into the liberty of expression and undeserved stepping on the secrecy of online discussion and sharing of material.

In Canada, some further meddling is being measured. In a sequence of judicial changes pertaining to revamping the Criminal Code (Bills C-50, C-51, C-52), the Conventional government will have need of Internet Service Providers to transfer private data regarding Canadians to the law enforcement agencies devoid of permit, to retool their networks in ways that permit conscious checking of user’s online doings, and to support law enforcement agency in the analysis of online investigation competences.

At the time when we are online, there are things we can regulate and certain things we can’t. For instance, we can regulate the passwords we use and what we post or share on social media. But then again at times, we are sufferers of other people’s lack of attention or malevolence, for example when a service or a vendor gets hacked or a government servant misses a folder having a laptop with folks’ unencrypted private material. Then again there are some other secrecy ruptures that arise from thoughtful strategies of package suppliers and marketing systems to produce user data for a range of things, ranging from directed promotion to doing market research. yet, there are lots of things that the government can do to escalate the privacy and security of the users ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Jhh1vjfo","properties":{"formattedCitation":"({\\i{}Government Monitoring of Social Media})","plainCitation":"(Government Monitoring of Social Media)","noteIndex":0},"citationItems":[{"id":166,"uris":["http://zotero.org/users/local/CyMh1xNF/items/G5UTXZF9"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/G5UTXZF9"],"itemData":{"id":166,"type":"webpage","title":"Government Monitoring of Social Media: Legal and Policy Challenges | Brennan Center for Justice","abstract":"Law enforcement use of social media to monitor and track civilians, including through the use of undercover accounts, raises novel legal and policy dilemmas. As new technology lowers the technical and financial costs of surveillance, we need to take care to safeguard individuals’ rights to privacy, freedom of expression, and freedom of association, and ensure that these tools are subject to mechanisms for transparency and accountability.","URL":"https://www.brennancenter.org/analysis/government-monitoring-social-media-legal-and-policy-challenges","shortTitle":"Government Monitoring of Social Media","language":"en","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Government Monitoring of Social Media).

The government can add a small part by aiding to teach the community, by defending its own substructure and by guaranteeing that corporations reveal any possible privacy or safety extortions and stand by their specified rules. Besides, it can also set a good illustration by applying good secrecy measures and due procedure afore trying to access resident's individual data. Despite the fact that it's true that over-regulation or dumb rules can strangle invention and at times cause unintentional consequences, it is also correct that overlooking the issue or supposing that the all the issues will be resolved by themselves is in the same way careless.

Public concern in the US regarding what becomes of the private online information has appropriately burst succeeding reports about data investigation firm Cambridge Analytica’s suspected admittance to data regarding Facebook operators. Despite the fact Cambridge Analytica is uncertain about lots of features of what has been stated about its access, it looks as if most of the affected users were likely ignorant of the assortment of their information or the way it could be used. The greater problem here is that secrecy laws in the US are at present very frail to stop misuses of social media information by intelligence organizations, police force, marketers that participate in prejudiced reporting, or others who might infringe rights. Americans severely require the congressional act to accept more solid lawful defenses for their information ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5ja27tuN","properties":{"formattedCitation":"(Magid)","plainCitation":"(Magid)","noteIndex":0},"citationItems":[{"id":169,"uris":["http://zotero.org/users/local/CyMh1xNF/items/8YWY2QF5"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/8YWY2QF5"],"itemData":{"id":169,"type":"webpage","title":"Online Privacy and Security is a Shared Responsibility: Government, Industry and You","container-title":"Forbes","abstract":"Powerpoint slide by Larry Magid (photographer unknown) When it comes to privacy and security, I’m reminded of folks who drive to the airport without their seat belt on and then worry about the plane crashing. Planes do crash on very rare occasions but not nearly as often as cars. And when driving, [...]","URL":"https://www.forbes.com/sites/larrymagid/2013/02/12/online-privacy-and-security-is-a-shared-responsibility-government-industry-and-you/","shortTitle":"Online Privacy and Security is a Shared Responsibility","language":"en","author":[{"family":"Magid","given":"Larry"}],"accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Magid).

These days, internet-based firms in the US can generate and stock giant pools of information regarding our religious and political inclinations, race, and sexuality, along with other features of our individual lives. These huge data gatherings pose clear temptations for governments and others who may want to outline and aim individuals in defilement of their rights, containing felonious hackers and swindlers. Years ago, the UN Human Rights Committee predicted these issues. In a perceptive examination of the human right to confidentiality from 1988, this body of analysts decided that the congregation and storing of digital private information should be controlled by law and that states should take effective dealings to avoid this data from getting in hands of those who would use it to violate rights. The team also contained an apparition of a world in which people be in control of data about themselves, putting that all should be capable to discover whether government institutes and individual bodies hold the data about them, and get that information modified or erased if it is erroneous or was gathered unlawfully.

Confidentiality has been an issue all through US history. It is normal for individuals to want their personal secrecy devoid of anybody or anything to see what they search for on the internet. individuals of the United States believed for some time in their life they had secrecy and that the government wasn’t going into their phone calls or internet history. Until, in 2013 a person showed up and told the public of US that their government has all calls, internet account and a lot more. The public freaked out at this and outrage was faced by the government. These days government breaching the internet and social media privacy is not a new thing everyone knows that it is being violated and time to time different voices are raised against the issue.

Nevertheless, the government should be permitted to control, monetize, and edit the internet for the protection and maintenance of the residents of the U.S. although the folks have the right to privacy. Security is one of the causes of why governments should be permitted to control the internet and the secrecy of people. All around the U.S., there is news of persons that learned how to make bombs or damaging armaments online. The government has to make certain nobody is able to learn how to pose a threat to or damage other people. The internet has been used to share all the minor and major plans of people. Lots of people share what they are doing at the moment, what they are going to do. Persons at some occurrences share their strategies to offend or injure other persons. The government can halt such doings of violence and criminality if they keep an eye on everything that takes place on the internet and social media. If the government comes to know aforetime, who are planning to harm who then they may be able to intervene and stop them from doing so. As ensuring the security of the people is one of the major and chief aims of government.

Though this is a big and valid point in the favor of the government’s act of keeping an eye on the data of nations, still the fact is that no one wants anyone to go through their personal and private stuff. It is true that the government has to take such steps for the security of the people but they should regulate who has the approach to the personal data of the people ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"5EyxNEbr","properties":{"formattedCitation":"({\\i{}Should Privacy Be Allowed Regulate The Internet And Our Privacy? Essay})","plainCitation":"(Should Privacy Be Allowed Regulate The Internet And Our Privacy? Essay)","noteIndex":0},"citationItems":[{"id":161,"uris":["http://zotero.org/users/local/CyMh1xNF/items/L5RFHD29"],"uri":["http://zotero.org/users/local/CyMh1xNF/items/L5RFHD29"],"itemData":{"id":161,"type":"webpage","title":"Should Privacy Be Allowed Regulate The Internet And Our Privacy? Essay","URL":"https://www.123helpme.com/should-privacy-be-allowed-regulate-the-internet-and-our-privacy-preview.asp?id=737272","accessed":{"date-parts":[["2019",5,23]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Should Privacy Be Allowed Regulate The Internet And Our Privacy? Essay). As we all know that the brands and the applications that are in use of the people take all the personal data of individuals, also many of the marketers use this data for the purposes of promotion and other things, the privacy of the individuals surely gets violated. Let's suppose that some hackers hack these data stealing websites and leak all the data or use it for exploiting the people, in that case, the people are going to suffer at the end. It is persisted from many of the fractions that government is not the supreme power and that no matter what they should not violate the privacy rights of people. That is true in the sense that individuals feel unsafe and uneasy knowing that they are being watched all the time. This leads to a lack of freedom of expression. In many of the cases, it may be that the individuals on purpose share the fake or made up stuff to dodge the government, or to hide their real self, in that case, the essence of the government using this data is completely lost.

State is responsible for the security and the safety of the people. The U.S was made in the name of some ideology and one of them is the right to privacy of the public. On one hand, where the government is responsible for the security and safety of its people, it also needs to make sure that the rights to privacy of the people are safe and secure. American government and other governments need to make some policy to make sure that the rights of its individuals are safe and secure.

Works Cited

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Essay about Government Control of the Internet - 2038 Words | Bartleby. https://www.bartleby.com/essay/Government-Control-of-the-Internet-P3L9ZEZVJ. Accessed 23 May 2019.

Government Monitoring of Social Media: Legal and Policy Challenges | Brennan Center for Justice. https://www.brennancenter.org/analysis/government-monitoring-social-media-legal-and-policy-challenges. Accessed 23 May 2019.

Magid, Larry. “Online Privacy and Security Is a Shared Responsibility: Government, Industry and You.” Forbes, https://www.forbes.com/sites/larrymagid/2013/02/12/online-privacy-and-security-is-a-shared-responsibility-government-industry-and-you/. Accessed 23 May 2019.

Should Privacy Be Allowed to Regulate The Internet And Our Privacy? Essay. https://www.123helpme.com/should-privacy-be-allowed-regulate-the-internet-and-our-privacy-preview.asp?id=737272. Accessed 23 May 2019.

Society Vs. The Individual

Student’s Name

Instructor

Course Code

Date

Society vs. the Individual

The article “When a defendant in a capital case says “not guilty,” can his attorney say “guilty?” argued whether the attorney of an defendant can disagree with the defender and go against his wish. In the case, is regarding Mr. McCoy accused of murder by the police. In the case, McCoy argued that he was away from town and the police is only accusing him murder because of his knowledge of police involvement in drug. However, the article is argues whether the attorney Mr. English violated the constitutional right of Mr. McCoy and whether English made the right decision on behalf of his client.

It is important to note that a defendant criminal has a constitutional right to be heard and the case determine based on the evidence presented by both the defendant and the prosecutor. Therefore, it could have been right for the defendant attorney Mr. English to consider all options available based on the law and evidence without push McCoy to accepted negotiated terms. McCoy said repeatedly that he did not commit the murder and it would be the role of his attorney to conduct research and due diligence without looking for short justiceCITATION Amy18 \p 5 \l 1033 (Howe 5). Therefore, I agree with Mr. McCoy sentiment and English was wrong his actions violated the right of his clientCITATION Amy18 \p 4 \l 1033 (Howe 4). It is important for the defendant attorney to listen to his client and take all available measures without rushing to conclusion. It is evident that English prejudged his client and made decision that his client is guilty. It would have been appropriate for defendant attorney to invite the witnesses as requested by McCoy before rushing to negotiate with the prosecutor on the jail term.

The action taken by the defendant attorney would be the best action when an attorney has overwhelmed evidence that his client is guilty. However, in the case, I believed the defendant attorney did not look for all options and the defendant attorney did not have enough evidence. I believe the Supreme Court would make decision in support of the defendant. Supreme Court could order for the review of the case to allow all the witnesses to testify before the jury, and this would be the best decision for the court.

Works Cited

BIBLIOGRAPHY Howe, Amy. "Argument preview: When a defendant in a capital case says “not guilty,” can his attorney say “guilty”?" https://www.scotusblog.com/2018/01/argument-preview-defendant-capital-case-says-not-guilty-can-attorney-say-guilty/ (2018): 2-15.

Solicitation And Conspiracy

Patrick

Enter the Name of Instructor

Law and International Law

October 2, 2019.

Solicitation and Conspiracy

Solicitation and Conspiracy- Definition

Solicitation refers to the act of asking about information from someone. In particular situation an authority is permissible to ask for information from someone. This process requires special methodologies which aim at easing the process. Conspiracy however is different from solicitation. It refers to an act of planning something unlawful or derogatory which can include hurting someone either by legal manners or by the use of force ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"oLrXhNQ4","properties":{"formattedCitation":"(LaFave)","plainCitation":"(LaFave)","noteIndex":0},"citationItems":[{"id":451,"uris":["http://zotero.org/users/local/s8f0QVnP/items/UKJK8SXJ"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/UKJK8SXJ"],"itemData":{"id":451,"type":"book","title":"Principles of criminal law","publisher":"West Academic","source":"Google Scholar","author":[{"family":"LaFave","given":"Wayne"}],"issued":{"date-parts":[["2017"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (LaFave).

Case examples

A resident of Illinois was sentenced by the Federal court to serve in prison for 20 years over the charges of solicitations. He was guilty of the crime of violence in December 2012. The United States Attorney for the Southern District of Illinois Stephen Wigginton held that person accountable for the charges of solicitation. In addition to the 2-0 years prison in prison he was fined $500 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"V4NJY0I3","properties":{"formattedCitation":"({\\i{}FBI \\uc0\\u8212{} Granite City Man Sentenced for Solicitation to Commit Crime of Violence})","plainCitation":"(FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence)","noteIndex":0},"citationItems":[{"id":452,"uris":["http://zotero.org/users/local/s8f0QVnP/items/4MFFUZGF"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/4MFFUZGF"],"itemData":{"id":452,"type":"webpage","title":"FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence","URL":"https://archives.fbi.gov/archives/springfield/press-releases/2013/granite-city-man-sentenced-for-solicitation-to-commit-crime-of-violence","accessed":{"date-parts":[["2019",10,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence). The court proceeding revealed that person was involved in helping his wife along with another person in abducting a city lawyer and getting heavy sums of money from him. The respondent, however, denied the charges of murder claiming that he didn’t have the intention of killing that lawyer.

Similarly in Grunewald v. United States, 353 U.S. 391 (1957), the three petitioners were held guilty by a Federal District Court for violating U.S.C. § 371 ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"9kw3YVun","properties":{"formattedCitation":"(\\uc0\\u8220{}Grunewald v. United States, 353 U.S. 391 (1957)\\uc0\\u8221{})","plainCitation":"(“Grunewald v. United States, 353 U.S. 391 (1957)”)","noteIndex":0},"citationItems":[{"id":454,"uris":["http://zotero.org/users/local/s8f0QVnP/items/VZLLZI3D"],"uri":["http://zotero.org/users/local/s8f0QVnP/items/VZLLZI3D"],"itemData":{"id":454,"type":"webpage","title":"Grunewald v. United States, 353 U.S. 391 (1957)","container-title":"Justia Law","URL":"https://supreme.justia.com/cases/federal/us/353/391/","language":"en","accessed":{"date-parts":[["2019",10,2]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Grunewald v. United States, 353 U.S. 391 (1957)”). They were conspiring for preventing criminal prosecution. However, they were successful in getting ‘no prosecution’ ruling. The bureau of internal review in 1948 was directed to conceal the activities by which the rulings were obtained. The court finally held that as the main objective was obtaining no prosecution ruling, thereby petitioner was barred as per the three years statue. As no agreement was concealed for irregularities through ruling the persons were not indicted until 1954. The court also held that as the judge’s charge was not enough to defend petitioners' conviction thereby the primary objective of the conspiracy was not obtained in the initial prosecution.

Works Cited:

ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY FBI — Granite City Man Sentenced for Solicitation to Commit Crime of Violence. https://archives.fbi.gov/archives/springfield/press-releases/2013/granite-city-man-sentenced-for-solicitation-to-commit-crime-of-violence. Accessed 2 Oct. 2019.

“Grunewald v. United States, 353 U.S. 391 (1957).” Justia Law, https://supreme.justia.com/cases/federal/us/353/391/. Accessed 2 Oct. 2019.

LaFave, Wayne. Principles of Criminal Law. West Academic, 2017.

Special Victim Topics

Special Victim Topics

[Name of the Writer]

[Name of the Institution]

Special Victim Topics

In your own words, define restorative justice, and provide an example of a restorative justice theory (or theories) in use by identifying a public or private program utilizing principles of restorative justice. Provide the Web site address (URL) for the program.

Restorative justice sees crime not just as disregarding the law rather it focuses on the harm it has caused to an individual and the whole community (Daly, 2016). Therefore, the proper approach in restorative justice is to address the harms along with the wrongdoing. If the parties that are concerned with a certain crime are willing to sit and discuss the harms, it helps them to come up with ideas and solutions to address those harms. From a theoretical perspective, restorative justice theory intends to address the harms and sufferings inflicted by criminal behavior (Daly, 2016). Restorative justice theory suggests that it is in the best interest of all the stakeholders to sit together and reach upon a solution that addresses the harm caused by criminal behavior. An important program based on the principles of restorative justice is the Insight Prison Project. Insight Prison Project is an evidence-based program aimed at cultivating newer behavior propelled by insight, accountability, empathy, and care. Inside Prison Project started in 1997 following an increase in the prison population across the country. The most significant program offered under the Inside Prison Project umbrella is the Victim/Offender Education Group (VOEG). VOEG is based on a curriculum that has been designed by inputs coming from both the victims and the offenders of a violent crime.

Website: http://www.insightprisonproject.org/

Restorative justice as a way of thinking places a different value on the individual victim(s) of a crime. Historically, the jurisdiction (the people, the state, or the commonwealth) is the party represented by the prosecution, and society as a whole is the victim. How do restorative justice concepts treat the individual victim(s)?

Victims of a crime need special attention which why most of the restorative justice programs exercise greater caution when dealing with the victim of a crime (Gavrielides, 2017). Restorative justice treats the victim to help them recover from the trauma of the crime and move ahead with their lives. One important aspect that needs to be taken care of is revictimization of the victims due to the neglect of the system. Therefore, restorative justice system offers legal representation to the victims (Gavrielides, 2017). Moreover, victims of crime have suffered physically and psychologically. Therefore, restorative justice provides victims with an opportunity to meet their physical and psychological needs (Gavrielides, 2017). Lastly, victims have suffered significantly at the hands of offenders and might have a difficult time moving back into society normally. Therefore, restorative justice helps victims to swiftly integrate back into society.

What significant challenges do you think exist with regard to implementing restorative justice theories effectively in state and local criminal justice systems in general? Explain. How do you think these challenges can be overcome?

Although there are numerous challenges faced in implementing restorative justice theories, the problem of institutionalization remains the biggest impediment in the implementation of restorative justice theories (Wood & Suzuki, 2016). Restorative justice theories came forward in opposition to the conventional criminal justice system. The opposition of the conventional criminal justice focused on the fact that conventional justice practices were not meaningful in addressing the damage done to the victims. However, the programs that are drawn upon the concepts of restorative justice theories are institutionalized within the traditional criminal justice system (Wood & Suzuki, 2016). The challenge of institutionalization can be addressed by undertaking structural reforms. These reforms must be based on comprehensive research that allows the newer justice system to be more victim-centered, unlike the conventional criminal justice system which is retributive in nature and criminal centered (Wood & Suzuki, 2016).

References

Daly, K. (2016). What is restorative justice? Fresh answers to a vexed question. Victims & Offenders, 11(1), 9-29.

Gavrielides, T. (2017). The victims’ directive and what victims want from restorative justice. Victims & Offenders, 12(1), 21-42.

Wood, W. R., & Suzuki, M. (2016). Four challenges in the future of restorative justice. Victims & Offenders, 11(1), 149-172.

Spouse Abuse

Your Name

Instructor Name

Course Number

Date

Spouse Abuse

Summary

The existing research on the dynamics of violence experienced by women which increased the probability of a life-threatening injury or even death, did not probe into the identification of risk factors paving the way for such situations. The purpose of this study is to identify all those concerned groups of people who specifically help women who are stuck in relationships in which their partner is physically abuses them, and there have been frequent incidents of this nature. The risk patterns are chiefly examined in this study with the aim of enlightening field practitioners so they can respond adequately in high-risk scenarios.

The methodology of the study made use of longitudinal data on abused women and those offenders / victims who either killed their intimate partner or had been killed by him. The hospital sample conducted the violence screening for 2,616 women and the corresponding homicide sample included the data on 87 intimate partner homicides during the years of 1995 or 1996. Active role was played by researchers, community members, advocates, academics, and activists in the development of study instruments over a long period of intense work and brainstorming. A combination of factors was revealed in the findings of this study which alluded to the possibility of serious injuries or death for a woman who was in an abusive relationship. History of violence, the intensity of the first incident, and the victim’s attempt to end the relationship were some of the risk factors identified. Finally, implications of the study for the researchers and field practitioners were discussed.

Meanings and Implications of the Results

The Chicago Women’s Health Risk Study took a leap beyond conventional wisdom and found three distinct aspects of a history of past violence that increases the possibility of making a victim’s situation riskier than other scenarios of the same nature. The type of incidents of past violence, their recency, and frequency resulted in a greater risk of severe injuries and fatalities. It was established from the findings that a significant minority of the participants of the study found the first episode of violence to be life-threatening or fatal. Most frequently, the reasons of triggering such behavior in the offender were extreme jealousy, drug usage, and the tendency of the offender to display violent behavior outside the home. The findings of the study also demonstrated that if a victim tried to leave or end the relationship, the resulting gains or risks from this decision were equal in magnitude. The attempts from women trying to leave or end the relationship are conspicuous from the interviews conducted but it implied that leaving can lower the chance of future violence and can also prove to be fatal simultaneously. In case of a fatal accident, physical manifestations were more conspicuous. For instance, the victim or offender were more likely to die if one or both the partners were heavily drunk, or if there was an attempt to choke or strangle the woman. The results also exhibited that whenever the woman killed her partner, it was an outcome of enduring violence for a long period of time. Upon further investigation, the factors for such behavior were reported. Factors such as having fewer resources, feeling confined by a traditional relationship, and experiencing severe violence for several months slowly resulted in the transformation of the abused woman into an offender. Reflecting on these findings, my perspective is that the mental state of the offender matters a lot when the risk factors are identified. When the offender is a woman, there is a greater need to dwell into her past history and level of education corresponding to her occupation and level of income.

Future Research

The future research on this subject matter can focus on the deeper investigation of the complex issues and problems that women have to encounter in their daily lives. Women should be asked about their ideal relationship and the effects of couple counselling can be examined on the potential improvement of the relationship. Conduction of further studies determining the specific scenarios and mental states of the victims and offenders should be done in the pursuit of fully understanding the underpinnings of such incidents. The author can expand the results through the identification of various other risk factors by taking a deeper look at the dynamics of the relationship between the victim and offender. Sometimes, the superficial observations of a relationship are in sheer contrast with the deeper analysis of the power play between two people in a bond.

Contradictions between the Two Sources

The statistics present in both the studies had some differences but some of the reasons identified as risk factors or the true causes behind the assault were more or less similar in nature. In the Chicago Women’s Health Risk Study, it is reported that 30-41% of the women do not seek any formal help from any consultant agency or even the police. In the other source, it is established that more than 50% of the cases go unreported. 25% of women signified that they endured various forms of physical violence in the Chicago Women’s Health Study which comprised of head injury, broken bones, or being choked or burnt by their partner. On the other hand, the ‘spousal abuse’ section of the book delineated that 60% of assaults sustained by the women in a marriage included pushing and slapping and 40% reported choking, punching, stabbing, and kicking as more sever forms of physical violence. The similarity between both the studies was that wives are more likely to be killed by their partners or spouses as demonstrated by the findings of both sources.

Michigan Penal Code

I agree with these enhanced penalties because all kinds of assaults, for instance, physical, aggravated or sexual, constitute a felony across all the states. These acts of violence indicate that the offenders need some help to improve this behavior and these acts successfully establish aggressiveness and hostility which automatically pave the way for enhanced sentencing and penalties. The fight against such crimes and acts needs potentially forceful and rigorous measures, therefore I agree with the enhanced penalties in the Michigan Penal Code. As long as there are no state procedural systems and facilities provided by the governments to improve the mental health of offenders and proffer free couple counselling for partners who are experiencing domestic problems, enhanced penalties are the only options left to restrict the deviant behaviors of the physical offenders and spousal abusers. Spousal violence is a matter criminal in nature and has great impact on the society and on the children of the victims. A billion dollars every year are paid for the costs of serious injuries and other health problems which result from spousal abuse or physical violence. Apart from the financial cost, there is a huge social cost which has grave consequences and poses barriers in the smooth functioning of the society. Enhanced penalties portray the collective efforts and responsibility of the community to prevent domestic violence, therefore the role of enhanced penalties is righteous in its capacity to prevent victims from being abused or offended by their intimate partners. It is justified that a person who assaults someone is subject to enhanced penalties even if the victim is not the same person in the subsequent assaults.

State V Lauren



State v. Lauren

Students Name

University Name

Course Name

Course Code

Tutors Name

December 2, 2017

State v. Lauren

In this case, where various issues need a checkup and addressing for a successful outcome after trial and prosecution. In this essay am going to discuss every material of evidentiary advantage and direct them to help ease the trial. The case will be a turning point to the great epidemic which is sweeping the nation with a rigid case presentation backed up by real facts and Federal Rules of Evidence CITATION The11 \l 1033 (The United States Department of Justice, 2011). This means that with a good understanding in the Federal rules of evidence in various avenues it serve well for the legal practitioner, and it helps them work out in legitimate grounds and proceedings to help those who may have less knowledge or no knowledge at all. The rules used in America in the modern day has its trace from the principles of Anglo-American principles introduced to the citizens of America by the settlers, which also affect cried almost the whole world. The rules intended to assist in conflict resolution and to settle and it could not allow in any way an individual to be arrested or one to raise any allegations against the other with no candid evidence. Since then they have been in the application despite facing massive criticism from the legal experts who claim their possession of high technicalities.

Case.

Dan who is routine patrol officer is on his job and pulls over Ben who had already broken the traffic rules by driving at 70 miles per hour in a road zone where it is advised a driver should maintain a 65 mile per hour. Ben had a rental car, and he gave legal document which warranted the search of the rental car. When Dan, the officer searched the vehicle, he finds a considerable amount of heroin hidden in the console between the first two front car seats. The officer then makes a decision and arrests Ben immediately. He reads the Miranda rights to him, and Ben waived. Ben explains to Officer Dan that he was driving the car for his best friend Lauren who he was to meet so she could pick the drug. In this, he Cleary stated that the drugs were not his, and they belonged to Lauren. In his mind, Ben thought of cooperating with the officer Mr. Dan so he could get himself out of the crime and avoid being charged. The plan went well as they had said of Ben meeting Lauren and they planned that immediately Lauren got inside the car, Officer Dan would arrest her. When Lauren noticed the presence of an officer in the car, who was about to stop her, she jumped out of it and ran fast as she could. She ran past two blocks, and it is also said she knocked a pedestrian, Pete, on her way at one instant. She finally escaped by successfully climbing a fence. She was later found in her residence by officer did who had a validated warrant for her arrest. He presented her in a lineup where pedestrian Pete carefully and precisely picked her out. Both of them that is Lauren and Ben was charged with the distribution and possession of heroin CITATION Rog11 \l 1033 (Titus, 2011).

The Evidence chart

Below here I have a table of evidentiary issues and items concerning the case, State V. Lauren. They are fit to for both the specific and general cases it is claimed by professionals that the Federal Rules of evidence when used as Evidence in the court of law are inadmissible. It is paradoxical as it is one of the national rules that are barely uniform, and it can have many exceptions. Each of the items will be supported and addressed through the case law, Federal Rules of Evidence, and other examples.

Description of Evidence

Offered to prove

Evidentiary Rule/Law

Comments in support

The radar certification training for the Officers

The reason for the first traffic stop.

The fourth Amend/car speeding

Validating the traffic stop.

The documents for the Rental car

Car possession and contents.

Rule 901

Heroin

Confirmation was heroin

Rule 702

Tested to be completed

The statement by Pete

Rule 613

Lauren statements

Photo Line-Up

Lauren Identity card and the report

Rule 801

When Lauren hit Pete on the runway

The Statements recorded by Marilyn

Bank accounts and Drug Mules.

Rule 702 (FRE)

Patterns of drug dealing

Ex-Husband to Josh

History and Drug abuse

Rule 501

Marital Privilege

Laurens Banks saving account

Bank transactions

Rule 902

The search warrant need

Tax Returns

Hearsay

Rule 801

Irrelevant

The leader to YMCA

Hearsay(Disprove)

Rule 801

The third party.

The radar certification training for the Officers

Dan stopped the car for breaking the traffic rules and speeding by 70miles per hour in a zone strictly meant for 65 miles per hour. In the Landmark case the year 1961 Mapp v.Ohio it was ruled that any evidence that is or was obtained illegally can never be used for or in any criminal procedures. By explaining the first stop of Ben’s car in this case, it is very vital and everything henceforth. The fact that Dan stopped Dan for over speeding it is evident that the Lauren charges have no stand in the case and could be dismissed with making their basis on the "Fruit of the Poisonous Tree Doctrine." The tool used to make the stop was one of the ground basis for the challenge. If the instrument was a Light Detection and Ranging equipment or a radar device (hand-held), the equipment’s should be calibrated regularly with the collaboration of the manufacturer and the state. This means that Mr. Dan must have completed the training and still held the skills of handling such instruments. These certifications must be readily available to give prove worth of stopping Ben. More so, Dan should have the best of understanding of reading and use of every tool used in his field to conduct any stop. If all this were not presented the possibility is that the case will be withdrawn and the charges filed against Ben and Lauren

The documents for the Rental car

The trial ends up to revolve around the rental car and the heroin that was discovered inside with ben as the driver and Lauren said to be the owner of the drugs. Giving a prove that it is ben who possessed the car and the contents that were inside would be a high focal point for the case and Lauren's arrest. More so it is ben who gave the search consent for his rental car where the heroin was found. In this case, there is supposed to be an agreement with the car rental agency to help in document authentication that ben was the agency that hired the car, in which the drugs were found. With reference to the Rule 901 of evidence, regarding identifying and authentication of evidence it would be vital to have the documents in Ben’s car but also contacting and getting the original signed agreement from the rental car agency would be of much help. If the rental car agency is privileged to have CCTV footage of ben signing the deal, it will be an added advantage.

Heroin

This is the center masterpiece of this case, which initially was all about over speeding, and in this case, it needs to be proven by testing that it was not salt but heroin. The test would be carried in a laboratory with the investigators who work with Dan or else be sent out for a state-owned facility to determine whether it falls under the Controlled Substances act (U.S.C). This can be done in two ways, and one would be a presumption test by an officer in a testing method known as colorimetric, where the substance indicates the value by the change of color. This is always taken as a preliminary test where after its process the content is forwarded to a certified laboratory to be tested the chemicals scientifically in it. In the entire process, every element identified is correctly labeled in a separate container. The testing is known as the confirmatory test. About Rule 702 of the Federal evidence, a testimony should then be taken from an expert from the field. In this case, the lab report from the technician would be a reference to the statement that the substance found in Ben's car was heroin which would support the arrest of Ben by Officer Dan CITATION Lan11 \l 1033 (Powell, 2011).

The statement by Pete

In the dramatic happens of this case, Lauren meets Ben as they had agreed with Dan that he would release him if she handed over Lauren and get him out of being charged with the crime. Immediately Lauren gets in the car, and they are with ben Officer Dan approaches with high hopes of arresting Lauren who escapes by foot. During the run, she accidentally meets Pete, who she knocks to the ground. Lauren never cares as she jumps over a fence and escapes. Pete records that a statement where he had Lauren utter, "I can't get busted for this, this has been foolproof for so long!" and also states that she appeared like she was running away from the authorities. This statements, as recorded by Pete, describes the real full reason for Lauren running away. In this case, Pete needs to defend his claims and substantiate it by answering questions from any side if asked. Rule 801 from the federal laws of evidence. Excluded from hearsay would also be crucial in the establishment of Pete’s statement's validity in this case. The scenario where Pete identifies the individual who ran over him from the lineup is also crucial and would be covered by Federal Rules of Evidence 601 and 801 CITATION Arm09 \l 1033 (Armour J, 2009).

The Statements recorded by Marilyn

The testimony from Marilyn is also typical in establishing history and patterns of a characteristic behavior or a drug activity. The detective is said to have 20 years of experience in the job, and thus she would be tabled severally to show that she is an experienced witness basing it from her training which is sought of high credible. The areas to be much discussed in Marilyn’s statements as per the Federal rule of evidence 702 and 703 are a report by an expert witness and the opinion of the expert statement or testimony. The process of getting the real drug user in this scenario and all the activities related to drug brings out a vivid picture of Ben and Laurens actions in the case process and how many people have been used and still are used in assisting high prolific drug dealers. The Statement made by Detective Marilyn is backed up when the prosecution urges the introduction of Lauren Bank transactions and records. This, based on her high training and experience, supports her statement on money transactions and levels. An excellent example of a case which involves an expert explaining various patterns on how drug dealers engage in narcotics illegally was United States v. Webb which happened in the year 1995. In this case, a high prolific drug dealer was arrested, and after a search, a firearm was found hidden in the engine compartment of a vehicle which was said to be his. The drug dealer stated that he never in any way knew there was a gun in the engine compartment of his car, and thus it never belonged to him. The patterns from the testimony expert witness in this scenario illustrated that people always hide guns in their engine compartments as the authorities seldom search the chambers. It is also evident that they want a near place where they can access at their needs and also the testimony expert illustrates that it is another underlying reason why they store weapons in the engine compartment of their cars other than keeping them at home. This makes it easy for them to claim that they know nothing about the firearm. In this case, Webb got convicted based on the testimony made by the expert.

Ex-Husband to Josh

The Ex-husband to Lauren, Josh was involved in testifying the history concerning Laurens involvement in drugs. Josh would be an added advantage to the prosecution side indicating patterns and previous history, which the defense would be against by taking it as a way to relieve anger on her Ex-wife Lauren. He would be considered dishonest and non-reliable. The Federal rule of evidence 501, the advantage, in general, would be brought up as well as the spousal aspect of his knowledge about Laurens history of Drugs and drug use. His testimony and the statement would be vital for Lauren prosecution, but giving them out against the defense would be the task. Considering the Spousal advantage or privilege, we can refer to trammel v. the United States, which went down in 1979 and it can serve as an excellent example in a criminal trial CITATION Mor56 \l 1033 (E, 1956). In this 1979 case involving Trammel, she happened to be involved in collaboration and support the prosecution against her husband.

The Laurens character.

The Lauren support team was one of its askings and it defended and stood with her signifying that she was an essential asset in the community and she was a great individual in sending light to the young and privileged youth members of the society. The youth leader in the local YMCA provided testimony in defense of Lauren. In the prosecution table, it was to be dead on arrival, and an argument presented that even those iconic and outstanding individual also commit big and small crimes, and thus it was irrelevant. About the Federal Rules of Evidence, 701, 801, and 902, the above would consist.

Conclusion

In conclusion, the case State v.Lauren is very interesting to follow and very depressing to be involved and used for their persecution. Like a pitch game, there must exist heated arguments coming from both sides where the Judge will and must make a ruling at the end of it all. It is a case that requires to be handled with care and the Jury, in this case, is aware and thus he is much on the Federal Rules of Evidence and policies that can enable him to give a ruling. With the usage of Federal Rules of Evidence, it will allow the Judge to be aware of what content to be tabled in defense or for the prosecution and all this under the state laws.

References

BIBLIOGRAPHY Armour, J, D. S. (2009). How do legal rules evolve? Evidence from a cross-country comparison of the shareholder, creditor, and worker protection. American journal of Comparative Law, 576-629.

E, M. (1956, January 10). Rules of evidence- substantive or procedural? Vanderbilt Law, p. 467.

Powell, L. (2011, October 25). Lexology. Retrieved from Lessons from the failed prosecution of in-house pharmaceutical counsel: https://www.lexology.com/library/detail.aspx?g=c34eb9e7-5cb6-4e26-986e-c9ad9839d8eb

The United States Department of Justice. (2011, April 15). Retrieved from US V. Lauren: https://www.justice.gov/civil/cpb/case/us-v-lauren-stevens

Titus, R. W. (2011, March 23). Casetext. Retrieved from Memorandum Opinion: https://casetext.com/case/us-v-stevens-95

Terrorism

Terrorism

[Name of the Writer]

[Name of the Institution]

Terrorism

The HBO news show “Vice”, throws light on various sensitive topics and tries to find answers to find answers to delicate questions. The Episode 5 (Season 2) of the news show highlights the increase in the cases of police violence over the residents of Dagestan, especially the youth, to cater the prevailing issue of terrorism and militants in the Republic of Dagestan CITATION Smi14 \l 1033 (Smith, 2014). The security forces and police of the Republic use tactics of violence and abduction whoever they consider suspicious of being a militant or a terrorist. The entailing details will look into the facts and arguments that why the police and security forces of Russia are equally responsible for the creation and evolution of a terrorist mindset which further gives rise to terrorism. The essaty will further go on to explore the possible approaches which can be used instead of blaming and stereotyping a people of a specific religion, to cater to the issue of terrorism.

The question that whether the practices of Russian police and security forces were raising terrorists came into spotlight when the person responsible for Boston bombings was found out to be Muslim youth from the Republic of Dagestan, a Russian Federal state located in the North Caucasus Region. The 26-year-old young man, namely Tamerlan Tsarnaev, was a resident of the United States, who came to live and settle here in 2004. Closely followed after this, multiple incidents of terrorism and extremism in the whole world, especially Russia raised questions over the efficiency of Russian security forces. It was a highly alarming situation that most of the terrorists, involved in these terrorist attacks and activities of extremism were from the State of Dagestan.

When the reason for such a trend was investigated, it was found out that the youth, in the Republic of Dagestan, was majorly turning into rebels due to the behavior of the police and security forces. The people of Dagestan, especially youth, have lost faith in the current system, so they are turning more and more towards creating their own system to defend their rights (Russell, 2017). Numerous cases of young Dagestanian men have been reported that have gone missing and no clue of them was ever found. It is highly suspected that the government officials or security forces are behind these disappearances; they kidnap torture and ultimately kill theses victim. These people are suspected to be involved in extremist activities and as a result abducted, tortured and killed without any trial. This gives rise to an outrage in the family and friends of these people, who in return, involve in extremist activities to avenge the treatment and torture inflicted upon their loved ones.

Even some of the honest people, from the Department of Police, confess themselves that the behavior of the police is the priomary reason behind the acts of extremism taking place in Dagestan, Russia and the rest of the world, were terrorists are exported from Dagestan CITATION Smi14 \l 1033 (Smith, 2014). There could be alternative approaches to cater to the issue of terrorism, militants and insurgency instead of just labeling every Muslim as an Islamic Militant or Jihadist and treat them poorly. It will only create more resistance and hatred among the society and make the situations worse. The police and security forces can work in coordination with the intelligence agencies to get better information of the insurgents, so that they can get catch the accurate culprits instead of randomly labeling any person of being a terrorist. The government can also work on this issue by making better policies and reforms, for the improvement of law enforcement agencies, along with better training in handling extremists and terrorist.

References

BIBLIOGRAPHY \l 1033 Smith, S. (Producer), & Smith, S. (Director). (2014). Terrorist University & Armageddon Now [Motion Picture].

Russell, L. C. (2017). Noble Robbers: The Theatricality of Terrorism in the Northern Caucasus.

Terrorism

Terrorism

[Name of the Writer]

[Name of the Institution]

Terrorism

Introduction

Terrorism comes in different shapes and sizes. Whether it is a mass agenda focusing on one aspect of a whole region or targeting a particular religious group. The war in Iraq has been a subsequently prominent mark for the hub of terrorism and is yet to be deduced (White, 2016). The documentary called “Control Room” comes with a spectacular insight into the world of media journalism, and how it insinuates bias existence. The film shows how media can be used as a tool for propaganda onto waging wars between nations and countries. It institutes the true existence of an idea behind which the war on Iraq waged for over 15 years. This documentary consists of a news channel or a media platform known as Al-Jazeera and also accused as “the mouthpiece of Osama Bin Laden.” The sources provided for this argumentative essay analyzes the horrors of war, and the impact terrorism leaves on people.

Thesis

The discussion of this argumentative essay would illustrate how the film "Control Room" insinuates bias exists in all such media platform while analyzing the war of terror in Iraq.

Discussion

Identification

To some extent, it is true that the media has a huge role in creating propaganda. However, there are some news agencies which are trying to wake people up towards the reality of the world around them. For this argument, the film “Control Room” depicts the war against Iraq through entailing propaganda (Control Room' Documentary, 2004). After Bush, the president of the United States send military forces to fight in Iraq, many came to claim the real agenda behind this claim of “freedom.” To some extent, the authorities in the news channel assumed that the Americans were after the rich resources present in Iraq rather than granting Iraqi's freedom from these extremists and terrorist groups. The film illustrates the difference between democracy and dictatorship and how flawed the attempt to convert Iraqi’s to democracy became. There are many different forms discussed in the book such as the part where violent supremacy movements are involved.

It is arguably clear that through many casualties and deaths involved in the war of Iraq, the question to whether the media organization still insinuates biases. There are many arguments to draw from the film as it illustrates the military efforts to break the people of Iraq to submit and the mass casualties after the consistent bombing. The removal of Saddam Hussain from the brutal supremacy of Iraq was a struggle that took the Americans to war in Iraq for over 15 years. Media, however, made the attempts to consolidate every facet of critical detail during this war and delivered it to the people to show the suffering being caused. The media agency Al-Jazeera has arguably played an important part in delivering crucial messages to the people of Iraq on how America intent to fight his enemies. However, to some extent is correct about the film insinuating biases through the examples seen in the film and the book.

Conclusion

The aforementioned argumentative analysis based on the film replicates the ideology between which most media platforms intent to stay. This representation of violence and extremism through fighting behind enemy lines is devastating. Even though the media agency insinuates bias exists in most of the aspects of the Iraqi war, but still the casualties were indefinite. The people of Iraq were undoubtedly upset and furious on the act of terror which was less likely being played by Saddam Hussain but more emphasized by the American troops. This ideology is what was mainly covered in the film and the book.

References

Top of Form

'Control Room' Documentary 2004). (2019). YouTube. Retrieved 8 February 2019, from https://www.youtube.com/watch?v=MCgfMdvk2n8

White, J. (2016). Terrorism and homeland security.

Bottom of Form

Terrorism

Domestic Terrorism

Melenni

[Institutional Affiliation(s)]

Author Note

Domestic Terrorism

The September 11 attacks in the U.S. served as a major turning point in how terrorism came to be perceived, leading it to form a global coalition against it. However, the problem of domestic terrorism soon became an even more concerning issue especially with the rise of right-wing extremism across the nation, who were essentially motivated by the same elements as global terrorists are. To understand and counter these elements and motivations at the domestic level can be challenging because members of these groups have their civil liberties protected by the constitution and often find political support among right-wing conservative lawmakers. In this regard, online communications monitoring and profiling may help law enforcement and homeland security in identifying potential attackers and preventing attacks.

Domestic terrorism, by its function, includes activities occurring within the geographical boundary or the jurisdiction of the U.S. A common source are far-right organizations motivated by anti-regulatory, anti-government, or white-supremacist beliefs, often including extremist Christian groups seeing themselves as crusaders in upholding their traditional culture, or beliefs. Moreover, there are certain communist and anarchist factions who reject U.S. taxation, currency, federal or state laws CITATION Gal12 \l 1033 (Galhotra, 2012). Thus, racism, religion and anti-government thinking underpin these organizations manifesting itself in the form of hate crimes, attacks on particular communities, or attacks on abortion clinics.

Over the past decade, law enforcement has generally made significant strides in understanding the nature of homegrown terrorism. One reason is due to the role and influence of domestic political issues in motivating violence and crime. Any domestic act of terrorism usually involves an individual or group of people enraged by a few issues, with access to means of causing mass casualties and the ability to travel; however the matter becomes complicated owing to the constitutional protections which allow people to have radical extremist beliefs and voice these beliefs as long as it does not involve supporting a violent terrorist group or engaging in crime. Yet, the line between behavior and constitutional rights can be thin. In this regard, the Supreme Court’s decision, which held that those individuals who are connected to terrorist organizations cannot be said to be exercising free speech if they speak or write in favor of that group, provided clarity and lay grounds for a counter-terrorism approach to prevent domestic terrorism CITATION Whi16 \l 1033 (White, 2016).

When formulating a counter-terror approach in the case, it is necessary to abide by the constitutional protections afforded to individuals. In this regard, their speech, writings, and open source communications can lead investigators into determining their motivations and extent of radicalization. When an individual sympathizes with a radical group or shares their ideology, they are likely to act in that cause, or on behalf of the group. Restricting communication would not only be costly but also raise political and civil liberty concerns. Therefore, using behavioral markers to profile individuals likely to engage in violence through fixation, leakage, and identification. Identification involves tracing their links or identification with a cause or a role-model, leakage involves communications with a party that contemplates harm towards a target, while Fixation involves the individual's pathological preoccupation with the cause or individual. Together, these behavioral markers serve as useful indications of someone inclined towards or intending a terror attack. Similarly, individuals that are known to be active on certain radical platforms or websites have to be identified and their open source content be investigated and analyzed to establish intent. These can be done through tracing the individual's use of certain phrases or keywords associated with the radical ideology they belong to CITATION Bry13 \l 1033 (Brynielsson, et al., 2013). Together with behavioral markers, a significant increase in the use of keywords can point law enforcement towards establishing their object of focus, helping them to establish intent and narrow their monitoring to search for plans that can be unintentionally or intentionally leaked.

To conclude, domestic terrorism is a threat on par with global terrorism and the approach towards countering the threat has to evolve with changing times. Analyzing the communications of these organizations and connected individuals will help law enforcement create profiles that will aid them in narrowing down potential threats while not overtly violating their constitutional rights. This will allow investigators to plan their counter-measures and prevent potential domestic threats.

References

BIBLIOGRAPHY Brynielsson, J., Horndahl, A., Johansson, F., Kaati, L., Mårtenson, C., & Svenson, P. (2013). Harvesting and analysis of weak signals for detecting lone wolf terrorists. Security Informatics, 2(1), 1-15. doi:10.1186/2190-8532-2-11

Galhotra, S. (2012, September 17). Domestic terror: Are we doing enough to combat the threat from within? Retrieved April 3, 2019, from CNN: https://edition.cnn.com/2012/09/16/us/domestic-terrorism/index.html

White, J. R. (2016). Domestic Terrorism. In Terrorism and Homeland Security (9th ed., pp. 280-301). Boston, MA: Cengage Learning.