Every country of the world is being operated in a certain way or method. In the language of the law, this method is called the Legal system. Australia is a common law country. All the laws of Australia are developed from the Common Law and various case decisions. The origin...
Vile and defamatory speech consists of unreasonable and unfounded malicious attacks on a person that does not deserve public scrutiny due to his career affiliation. Chief Justice Hughes believed that the First Amendment had to be construed and that newspapers must not be restrained as long as they perform their...
A jury trial is a situation where a schedule officially permitted by law activity is undertaken in which it entails the creation of decisions and ideas by the jury which are later put into practice by the judges. Individuals from countries that have been trying very hard to implement the...
Civil liberties guaranteed by the first ten Amendments make Americans the freest people in the world. In the First Amendment, the freedom of religion, speech, press, assembly, and petition means that each person can express their own opinion without fear of aggression. The government can limit this right by forbidding...
The law that governs search warrants is based on the guarantees of the Fourth Amendment to the US Constitution. According to it, law enforcement officers must announce their presence and provide residents with the opportunity to open the door before a search. The objectives of the Knock-and-Announce Requirement are as...
The outline of the policy encompasses different sections that address approaches to regulation and implementation tactics. It is important for organizations to develop the framework to attain the core objective of eradicating sexual harassment in the respective working environment. The various components include purpose, scope, elements, the company’s rules, the...
The incarcerated women face many challenges as they rejoin society, including the ability to re-establish a home and an everyday family life. This situation encompasses the legal and physical custody of children. When the women exit jail, it is difficult to find an affordable house and other necessities due to...
Females have been experiencing challenges in jail due to inadequate amenities. Research indicates that a woman in prison during the early 19th century shared facilities with men counterparts. Most states in the United States did not have separate facilities for females. The prisons resembled classrooms where the inmates stayed together....
Parens patriae philosophy is the United States juvenile justice cornerstone that requires the state to act in the child’s best interest as a surrogate parent. Parens patriae traditionally referred to the state’s sovereign and guardian role to persons under a legal disability. The principal evolution in America emerged as the...
Although gender stereotypes have historically worked against women, they have advanced key benefited women, particularly in sentencing during criminal proceedings. This implies that women generally receive shorter sentences than men for similar crimes. Additionally, courts are less likely to incarcerate a female offender than a male culprit. However, women who...
Traditionally, women were barred from pursuing careers in the legal field, with the first women being admitted to the bar in 1922. The Sex Disqualification (Removal Act) of 1919, enacted on December 23 that year, allowed women to venture into the legal profession. Notably, Sybil Campbell, Ethel Bright Ashford, Helena...
The incorporation of women into law enforcement agencies can be viewed as a major social change milestone. Notably, female officers were not deemed capable of undertaking general policing duties. Women started entering the police force in the United States during the Victorian Era and undertook such activities as matron duties...
Sexual victimization (SV) is the perpetration of unwanted, abusive, non-contact, and contact sex acts without the free consent from the victim or against an individual with no capacity to agree voluntarily. Such deeds may include forcible rape, sexual coercion, and drug or alcohol-facilitated rape or assault. According to Postmus, women...
When an individual has been reported in a court of law for a tort involvement, he or she can avoid related liabilities by asserting several defenses. Self-defense is the first reason a defendant can use it, and this mainly works for tort cases relating to assault and battery. The first...
The battery is a tort committed intentionally and, in most cases, negligently, resulting in an undeniable offensive or dangerous contact with an individual or an object connected to them. Compared to assault, where the fear of a future reference might underpin a civil claim, the battery is concerned with actual...
Race plays a direct role in jury selection and it is largely undisputed although condemned that jury discrimination has and continues to exist in the United States, favoring white juries. Juries typically oversee cases that go to trial, thus more serious crimes with defendants facing significant penal consequences. While juries...
There is a significant belief that the bail system discriminates either directly or indirectly against racial and ethnic minorities, as historically, these defendants are likely to be detained because judges either refuse bail or set bail at levels they cannot afford, knowing there is a discrepancy in average income levels....
Under the 6th Amendment of the Constitution, all defendants in criminal prosecutions have the right to assistance of counsel. However, minority and poor defendants often could not afford counsel leading to unfair trials. The U.S. Supreme Court has ruled several times on the issue. In the famous 1932 case Powell...
When a group of people is found going against the law, all the members of the group are accountable. Everyone is required to rise to a mutual degree of foresight, even those who have partial skills. This subjectivity trails from the law’s purpose to safeguard people similarly from each other....
Gardner says that “Morality is gappy and sometimes needs a law to help fill in the gaps. But the same is also true in reverse.” Laws are a set of guidelines formed to direct a group of people or an organization on what is allowed and not authorized. Morality is...
Intermediate sanctions are more stringent than probation and less restrictive than jail sentences. They give numerous extra punishment alternatives for wrongdoers that demand greater supervision of the sentence. Intermediate sanctions are primarily a government response to jail overpopulation.
Just like in the general workforce, the involvement of women in law enforcement is an evolving aspect. However, in law enforcement, women’s services are as old as enforcement agencies, although they have been allocated the lesser complicated tasks. For instance, the first police department to be established in the United...
Disparate recidivism rate refers to the frequency of delinquent or illegal behaviors that recur. The American criminal justice system can adapt programs to introduce educational programs in each federal prison to reduce recidivism. Such an initiative will provide the inmates with a chance to reform and learn at the same...
America has also been nicknamed the land of honey and milk because of the belief that it is a place of luxury and comfort. For this reason, America has faced immigration challenges as more people move from their countries to America in search of a better life. Most immigrants are...
The issue of trustful relationships and accountability between police and people is questioned over the last years. Many studies are devoted to raising the efficiency of police actions, for instance, the development of its oversight actions and improving its liability. At the same time, a system that is aiming to...
There are nine modern principles issued to the metropolitan police. The first principle is to prevent disorder and crime in which the police must maintain order, civil peace, and security by apprehending offenders and investigating crime. The second principle is to accomplish their tasks and responsibilities in which they have...
An incident occurred on August 10, 1978, involving a Ford-manufactured car, the Pinto. Two sisters and their aunt suffered a collision with a van while in their Ford Pinto car. The rear hit has led to the rupture of the gas tank, with the car rapidly bursting into flames in...
Various legal theories have been used to define a product’s liability and related claims based on the harm caused by a faulty product to a buyer. In most incidences, two regimes are applied in substantiating the claims, and these are strict liability and the theory of negligence. The primary difference...
According to personal injury law, plaintiffs have a right to request a jury to grant them various types of compensation, including physical pain, emotional distress, medical expenses, employment benefits, and loss of income. The rule applied in allocating these items of damages is the collateral source doctrine. The jury can...
Cases do arise in the course of business interactions, and as a result, the contract law helps manage related agreements. The elements of the statute are instrumental in instances where one of the parties violates the signed contract. Consequently, in a working environment, a faulty product can lead to various...
The main function of the tort law is to safeguard individuals from injuries caused by others’ wrongful actions. Consequently, there are rules relating to emotional distress, bystander claims, and loss of consortium that define the limit for related liabilities. In emotional distress torts, the law considers the psychological and mental...
Whenever an individual gets injured and reports the case to the court, the priority is always to identify the careless person responsible for the damage. In tort law, negligence is defined as the failure to employ objective and sensible care in various circumstances. Consequently, as indicated in the previous section,...
The idea of causation is central to all rulings made on tort law cases because it is a basic requirement. For instance, an individual can only be accused of battery if she consciously initiates body contact with the victim. Similarly, she can be sued for negligence if her actions lead...
For a plaintiff to be successfully compensated in a claim of negligence, there has to be substantial proof of misconduct. In law, the evidence of the reckless behavior is termed as “res ipsa loquitur,” a Latin phrase that directly translates to “the thing speaks for itself.” The concept indicates that...
Negligence can be categorized as a tort if the four initially discussed elements are met. However, the first two factors, duty and breach of care are necessary for establishing the connection between an individual’s responsibilities and carelessness in accomplishing them. Duty, in this case, refers to an individual’s obligation to...
Preventative policing used by law enforcement is a method of controlling and then preventing all possible new crimes. This approach used by law enforcement tries to prevent wrongdoers’ illegal attempts from taking place. The main goal of preventing policing is to penalize, punish or sentence a wrongdoer to a severe...
Hate crime is a prejudice that involves an individual being victimized by violent acts due to the association with a particular group. The three different categories include traditional hate groups, militia and survivalist entities, and Christian identity teams. The associations to the various sects foster the marginal alliance and justification...
Extended juvenile jurisdiction, or EJJ, is a Minnesota court policy that allows a judge to administer double jeopardy to a juvenile if the nature of the offense and age allows the case to be treated as an adult. In other words, the EJJ empowers the court to try a juvenile...
The relationship between crime and gender is profound, persistent, and sometimes appears paradoxical. The gender factor remains an essential aspect in studying how crime and deviance occur. Women and men differ significantly in transgression patterns and rates, as well as their victimization experience. Some scholars note that crime is committed...
Hateful or offensive speech may be annoying but does not limit the productivity or well-being of the offended. According to Schmalleger, the First Amendment protects free speech by clearly defining under what conditions communication can be regarded as a threat. Words that constitute threats have the effect of making the...
Right-right extremist groups and hate groups that are organized and function on the territory of the USA and beyond its borders have similar and different features. While the similarity is more pronounced and includes the activities of outlawed groups aimed at promoting oppressive measures against equality, the differences are more...
In the field of criminal justice, multiple attempts have been made to define and clearly conceptualize terrorism. However, there is no one fully accepted definition that would eliminate any misunderstanding or controversy. Moreover, the presence of hate crimes in federal law discourse imposes further controversy by introducing both hate crime...
Alternative dispute resolution (ADR) often applies to situations where parties prefer not to go through the court process to resolve their matters for various reasons. Several methods of conflict resolution fall under this category, including mediation, negotiation, and arbitration. These methods present various advantages and disadvantages to the aggrieved parties....
The Supreme Court of England and Wales play several roles as part of the English Judiciary, one of them being the final court of appeal in the region. This aspect means that the court makes the final decisions regarding all criminal and civil matters. In most cases, people and institutions...
The three sources of English law are common law, statutes, and EU law. Each of the three forms of law has distinct core characteristics that allow an individual to differentiate them. The two core characteristics of English law are its development from case law and the application of the concept...
Surveillance may refer to the secret observation of places, movements, activities, and people by individuals and technological devices. The police employ the process to investigate allegations of criminal behavior in society. This study outlines different types of monitoring techniques. These procedures may be in the form of electronic monitoring, physical...
After a crime has occurred, police look for the key sources of details to commence their criminal investigations. Sources are essential in revealing the circumstances that lead to a crime. This paper identifies three principal sources of information in criminal investigations. They include people, physical evidence, and records. These sources...
Different types of records may be derived from a crime scene. Once the first police officer secures and protects the scene of the crime, the next step involves recording necessary information from it. The preliminary record includes the photograph. Forensic photographers play a critical role in capturing crucial details in...
The first police to reach a scene of the crime can be equated to the “primary official responder”. He plays a significant role in the criminal context. He determines the course and results of the research process. He or she needs to handle the scene in an appropriate manner to...
Bill C-78 in Ontario is changing the ideas revolving around child support. Men’s groups are currently lobbying for equal parenting and custody opportunities. Although currently there is no presumption, the notion of equal parenting presents both pros and cons. The first advantage is that both parents will get enough time...
According to existing laws, the recipient of monies for child support can use them in any way they want. This means that there is no accountability to ensure that all resources meet the child’s needs. This should not be the case since the purpose of such monies is to support...
Existing Child Support Guidelines (CSGs) empower different parties in Ontario to address the issue of child welfare or upkeep effectively. Stakeholders consider domestic contracts whereby different parties involved in child custody agree on the contributable amount of money. Most of the cases recorded in Canada explain why there is a...
Ontario’s family law legislation has different provisions that seek to meet the demands of abused, abandoned, or oppressed citizens. A good example is the one focusing on child support. When relationships or marriages fail, the law dictates that both parents should be involved in every child’s life. Unfortunately, one of...
People often prefer proactive behavior to reactive behavior. With this in mind, if a fire investigator identifies that the cause of the fire was not incendiary, it is only logical that he applies the evidence he manages to adduce from the fire scene to set up preventive measures to curb...
There are many perspectives on what constitutes an ideal ethical organization. Some business scholars tend to concentrate on failures in ethical behavior. In addition, extreme instances of corporate misbehavior, and the procedures that cause negative phenomena may deploy to pin down unethical conduct. Although such a view offers useful insights...
Introduction A gang can be described as a group that “resembles an organization of three or more persons with a common identifying sign, name or symbol” (Bartollas, 2002, p. 268). Gangs are either “collectively or individually involved in criminal activities that are often of a violent character or connected to...
Impact on the population The passing of the Affordable Care Act in 2010 by Congress brought relief to thousands of families in North Carolina. Most of these families could not afford healthcare insurance (Hofer, Abraham & Moscovice, 2011). It has been difficult for many families in North Carolina to pay...
Introduction Parliamentary sovereignty is a key component that enables members of a parliament to make laws or rescind them (Knight and Young 480). From an institutional dimension, parliamentary sovereignty grants parliament the ability to make laws and offer their decisions through them. There is no Act that can go against...
Introduction The following analysis presents some theoretical approaches, which are used in explaining criminal activities of Sister Norma Giannini who was involved in molesting boys. It is often astounding when horrible cases of child sex abuse happen such as the one for Sister Giannini. Criminologists, politicians, media, and other members...
Introduction Intellectual property refers to various innovations which are unique to a business enterprise or an artistic work which are useful in identifying the business or artistic work and is recognized by the law. There are various ways of protecting intellectual property for instance the use of patents, copyrights and...
It is very true that in the world today there is dissection of defensive states that undertake limiting affiliate policies. A major catastrophe related to humankind being contributed by this reality concerns the trouble of world refugee. Despite the fact that there are numerous internally displaced people in different countries...
Introduction A debt collector is a company or person assigned to collect unpaid debts that are past the deadline of payment. This work is assigned by credit card issuers and banks and the collectors paid on commission. This industry was brought to existence in the early 1900s when the government...
It is quite unfortunate that the justice system would sentence Individuals to Life without possible parole (LWOP) which is a clear condemnation to die in the prison. Facts have proved that LWOP is severe, swift, and certain punishment. It is a reality that these individuals indeed end up dying in...
Introduction Information about Justice Marshall Thurgood’s biography was obtained through literature reviews of written works such as books, web materials and journals. The reason for preferring such sources is the fact that they provide accurate and precise details about Thurgood Marshall and his overall life history. Moreover, these sources contain...
The question of self-incrimination was a controversial idea and remained questionable throughout the history of criminal law. The fifth amendment of the law protected in-custody interrogation of a victim without the consent of the council. The current constitution provides that no person should be compelled to be a witness against...