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An Elected Judiciary, 2008.
This paper explores the ethical issues involved in having elected versus unelected judiciaries and having a mandatory retirement age.
848 words (approx. 3.4 pages), 1 source, APA, AU$ 49.95
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Abstract
The paper reviews the ethical advantages and disadvantages of the practice of electing justices to the Supreme Court of Virginia, or of any American state. The paper considers the argument most commonly put forward by opponents of elected judiciaries but maintains that this argument is not as strong as its supporters might wish. The paper also looks at the ethical benefits to be found in having mandatory retirement ages imposed upon all presiding justices.
From the Paper
"The distinguished career of Harry L. Carrico immediately brings to the forefront the issue of what ethical advantages may be found in having a mandatory retirement age in place for justices. Because Justice Carrico and his colleagues have all been elected to the Supreme Court of Virginia (after having been nominated by the Governor, of course) it may be said that their tenure is characterized by a democratic strain that is not to be found in other western democracies (such as Canada) where jurists are selected to appellate courts (most notably the Supreme Court of Canada) and do not have to go through the rigorous process of winning confirmation in both houses of a bicameral legislature. While the American (and Virginian) model may strike some foreigners as dangerously permissive (placing as it does great power in an elected body to determine the composition of a court when such a state of affairs can easily lead to politics being injected into the proceedings) it does have many advantages."
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British Criminal Law, 2008.
This paper explores the debate over subjectivism vs. objectivism in the United Kingdom's legal conceptions of criminal culpability.
2,178 words (approx. 8.7 pages), 17 sources, APA, AU$ 109.95
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Abstract
This paper offers definitions of both objectivism and subjectivism. The paper examines the highly controversial Caldwell case of the early 1980s that can be seen as a prime example of what pulls the British judiciary in competing directions. The paper also looks at the legal concept of "impossible attempts" and its relationship to both subjectivism and objectivism. The paper then shows how the area of the criminal law dealing with physical assault and battery is a good example of how subjectivism and objectivism continue to grapple over legal terrain. The paper concludes that neither approach is entirely without shortcomings, but each approach is certain to gain ascendancy at different times in the future.
From the Paper
"It is generally true that drawing a distinction between the "subjective" and the "objective" is not a particularly easy matter. For example, if the law courts attempt to justify an ascription of recklessness by arguing that someone did not notice an "obvious" risk chiefly because they did not care about that risk and what it might mean for others - a "subjective" position British courts have taken in the past - then they are obviously applying some kind of normative (objective) standard to the matter. Of course, the confusion about what is really subjectivism and what is really objectivism cries out for a definition of both. To wit, subjectivism - broadly stated - believes that "action-ascriptions" which generate criminal liability should be determined solely by looking at what the individual's intentions and beliefs were at the time of the offense. On the other hand, the objectivist camp believes that someone's actual intentions are irrelevant to whether or not they are criminally liable: instead, proponents of objectivism cleave to the view that what actually occurred trumps any intentions or non-intentions the perpetrator might have had."
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Subjectivism and Objectivism in Criminal Liability, 2008.
An analysis of how subjectivism and objectivism applies to various criminal cases.
1,802 words (approx. 7.2 pages), 7 sources, MLA, AU$ 93.95
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Abstract
This paper discusses the philosophies of subjectivism and objectivism as they apply to criminal liability. It begins by defining each philosophy. It then presents examples of past cases and discusses how subjectivism or objectivism applies to them. The paper also looks at the history of British common law and how subjectivism and objectivism came into play in determining guilt or innocence.
From the Paper
"The objective standard is now changing to the subjective. In the case of B. v. the Director of Public Prosecutions (2000) 1 All ER 833, is a recent example of the shift. In B. the defendant is 15 year old boy accused of incitement of a child under 14 to gross indecency. The young man was sitting on a bus next to a 13 year old girl, he repeatedly requested that she perform sexual acts with him, and she refused all of his advances. The original intent of the legislation would make this a strict liability crime, where the mere commission of the offense would incur criminal liability, actus reus. Using the previous standard for specific intent crimes established in Morgan, a reasonable standard would be applied to determine criminal liability of the boy. With the decision in B. the court now has established an objective standard. Lord Steyn in his opinion stated, "There has been a general shift in from objectivism to subjectivism in the branch of the law."
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The British Constitution, 2008.
This paper explores the separation of powers within the "unwritten" British constitution.
2,018 words (approx. 8.1 pages), 17 sources, APA, AU$ 102.95
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Abstract
The paper studies the separation of powers and the common law of the United Kingdom by looking at the rule of law as articulated in British case law and by discussing the division of rights and responsibilities between the legislative branch of government, the judicial branch of government and the executive branch of government. The paper then explores the broad concept of parliamentary supremacy. The paper shows clearly how a separation of powers exists within the British constitution.
From the Paper
"As mentioned above, the government of the United Kingdom is constrained by the fact that it must rely upon the will of Parliament for the passage of its legislative agenda and that all of it's (and, by extension, Parliament's) legislation and activity must conform to the dictates set forth by judicial review. Furthermore, the government does not have wide discretionary powers: the informal constitution of the United Kingdom, since at least Entick v. Carrington (1765) has often (but not always) made it clear that governments cannot do various things - like search peoples' homes - if there is no law authorizing such activity. The common law uncertainty indicated in the last sentence deserves some elaboration; to wit, the courts have sometimes been unenthusiastic about being called upon to keep the government within its legal bounds. A good example of this is Malone v. Metropolitan Police Commissioner (1979) where it was decided that wire-tapping was permissible in one instance even though no law existed authorizing wire-tapping."
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Community Notification Laws, 2008.
This paper looks at the use of community notification laws.
861 words (approx. 3.4 pages), 5 sources, APA, AU$ 49.95
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Abstract
In this article, the writer notes that keeping children safe from sexual predators today includes the use of community notification laws to inform the public when sex offenders move into a neighborhood or region. The writer points out that these laws may include direct notification of people in a neighborhood or more general notification by posting names and addresses on a website accessible by all. The writer argues that such laws can help reduce the incidence of sexual abuse of children by putting parents on notice so they can take greater care, though such an approach is not a panacea and will not completely eliminate the threat, only reduce it. The writer concludes that community notification creates an opportunity for parents to become more informed and to exercise greater caution regarding the safety of their children.
Outline:
Introduction
The Argument
The Approach
Another Provision
Problem of Notification
Efficacy
Conclusion
From the Paper
"This sort of response has been extended to other violent felons as well, with more and more communities fighting the placement of parolees in their area and seeking laws involving everything from notification to the right to refuse entry to a released offender to enhanced incarceration beyond the original sentence. Local groups across the country are trying to block former convicts from settling in their communities and are pressing their state assemblies for tougher detention laws and parole conditions. As a result, more and more states are enacting laws that put the interests of the community before the rights of ex prisoners. The most vociferous demands are for notification laws to alert citizens when a sex offender is about to be released into their community. At this time, many states require that local police be notified when a release is imminent, and now the New Jersey law calls for authorities to notify community members as well. In the U.S. Congress, members approved a provision which requires certain offenders to check in with police every 90 days for the rest of their lives. The New Jersey proposal only requires police to notify neighbors, schools, churches, youth groups and the media within 45 days of an ex offender's moving into a neighborhood."
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Social Learning Theory: Application to School Shootings and Violence, 2007.
An examination of social learning theory focusing on the case of Luke Woodham and the murders that occurred in Mississippi in October of 1998.
3,667 words (approx. 14.7 pages), 20 sources, APA, AU$ 164.95
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Abstract
This paper discusses school shootings in America, focusing on the case of Luke Woodham and his violent acts in October of 1998. The paper explains that this case is used as an example of criminal acts that are conducted by children and the case is examined through social learning theory. The paper explores the foundations of social learning theory and arguments against this theory in relation to school shootings are also discussed. Furthermore, the paper examines how social learning theory can be used as a predictor of school violence and then discusses the prevention techniques that have been offered and that must be implemented in order to address the issue. In conclusion, the paper shows that for the criminal justice system and society as whole it is evident that the only answer to school shootings and violence is to begin to work together in a manner that allows for preventative measures to be taken and for children to once again have faith that the adults who are supposed to protect them will and that the world that is supposed to be supportive of them will function to accomplish that mission.
Outline:
Abstract
Etiology
Prediction and Prevention
Recommended Criminal Justice Response
Conclusion
From the Paper
"In the case of Woodham and the murders that occurred in Mississippi, it is evident that the conditions described through social learning theory existed and that these conditions contributed to the actions taken by the juvenile. For example, early in his life Woodham became engrossed in the philosophy used by Hitler. It was not difficult for Woodham to witness the results of Hitler's philosophies, as those results are consistently present in the social order as a matter of social history. Woodham was capable of retaining these events because they were constantly reinforced through exposure to the ideas discussed in relation to Hitler through the people that he knew and the studies that he personally conducted."
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Police Corruption, 2006.
An examination of corruption in the police department.
964 words (approx. 3.9 pages), 1 source, APA, AU$ 56.95
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Abstract
This paper explores the several theories of police corruption. It explains that the integrity of the criminal justice system is built on a foundation of faith and that public trust is paramount, and corruption by one or two "bad apples" is nearly as destructive to the system as pervasive corruption. The paper discusses the measures that can be taken to restore and preserve the public trust in the police department, and the system at large. The paper concludes that the reliance upon the rule of law to keep society functioning requires the guardians of the system to be of the highest integrity and corruption among those sworn to protect the public diminish the system.
From the Paper
"Thus, the "rotten-apple" theory is comforting, there are only a few corrupt individuals spoiling it for all of those that are good and honest. Fortunately, this comfortable construct is reality, public opinion polls support the notion that police officers are persons of integrity, and can be depended upon to protect the citizenry from the criminal element. When the public is made aware of corruption in the police department through the media, the stories often revolve around one or two officers, or a small group of officers. Rarely do the stories relate to a systemic problem of widespread corruption. However, with each of these incidents a need for reform is put forward with a degree of urgency more compatible with a department run like an organized crime syndicate rather than measures need to be taken to prevent a few more apples from rotting."
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Law, Deontology and Utilitarianism, 2008.
This paper explores utilitarianism, deontology and lawyers' ethical duties.
766 words (approx. 3.1 pages), 8 sources, MLA, AU$ 44.95
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Abstract
The paper discusses utilitarianism, an ethical philosophy which holds that the right course of action is the course of action which provides the greatest good. The paper then looks at deontological ethics that believes a person has certain duties which he should carry out. The paper looks at Immanuel Kant's deontological beliefs of moral duties and discusses how duty requires a defense lawyer to zealously represent the defendant even if he/she knows that a client is guilty and believes that if the client is not imprisoned, he/she will commit more crimes. The paper further explains that an attorney is required to not take a case in which he cannot give zealous representation.
From the Paper
"Utilitarianism is an ethical philosophy which holds that the right course of action is the course of action which provides the greatest good or the greatest number. As articulated by Jeremy Bentham and John Stuart Mill, this ethic holds that the two controlling emotions in life are pleasure and pain. Man prefers pleasure. Thus, for the isolated individual, an action producing pleasure is good; an action producing pain is bad. For a person in society, an action is good if the pleasure felt by all those affected is greater than the pain felt by those affected. (Hollinger 2002, pp. 32-33; Bentham, 1949; Mill, 1979)"
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The Separation of Powers, 2008.
This paper illustrates the importance of the separation of powers in British law.
1,782 words (approx. 7.1 pages), 5 sources, MLA, AU$ 93.95
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Abstract
The paper discusses the doctrine of separation of powers that requires that each branch of the government not encroach on the domain of the other. The paper compares the British Constitution to the American Constitution. The paper then looks at the establishment of the Gun Courts in Jamaica and the Home Secretary's decision to enforce a greater sentence on the young murderers of James Bulger and explains how these rulings were inconsistent with the separation of powers. The paper shows how when the public outcry is at its height, decisions are taken that override the separation of powers and place the rights of the individual at risk.
From the Paper
"The British system has both the judiciary and the legislature creating the law, it is equally difficult to see the separation of power. Starting from the Lord Diplock's statement on separation powers and its firm root in the history of the British constitution, the history of its evolution begins in the mid 5th century. (Knappen p. 3) The study of the development of the constitution is as much a study of the history of the British Isles as it is a legal review. The British constitution is a reflection of the history of the British people. There have been many attempts to have a constitutional convention and produce a single written document, but the constitution is in essence rewritten every time Parliament passes a new piece of legislation. The sovereignty of Parliament has always remained paramount in the establishment of a separation of powers."
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The Patriot Act: A Constitutional Challenge, 2008.
This paper critically examines the USA Patriot Act and how it challenges the Constitution.
5,396 words (approx. 21.6 pages), 16 sources, MLA, AU$ 214.95
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Abstract
The paper reviews the reasons behind the Patriot Act's formulation and passage into law in order to explain why millions of Americans were willing to cast the Constitution aside in the name of national security. The paper explores the critical responses to this Act and the Constitutional challenges it presents. The paper strongly contends that
Constitutional challenges to the Patriot Act should be intensively pursued and asserts that this Act is a travesty of democracy. A large amount of source material is appended to the paper.
Outline:
Introduction
Background and History of USA Patriot Act Origination
Critical Responses to Patriot Act
Content and Implications of Patriot Act
Reasons for Constitutional Challenge
Content of 8 USC 1182
Amendment Issues
Case Law Discussion
Implications of Future Terrorist Attacks
Recommendations
Conclusion
From the Paper
"In stating the problems presented by the USA Patriot Act and in examining its background, it is necessary to review the reasons for its formulation and passage into law, for they explain why millions of Americans have been willing to cast the Constitution aside in the name of national security. This Act emerged into the national consciousness just eight days after the al-Qaeda terrorist attacks on the Pentagon and the World Trade Center, when the Bush Administration made a legislative proposal that has become known as the USA Patriot Act. (Balkin)"
"Critics contend that the proposal was not the product of a carefully considered examination of the failures and deficiencies of the American law enforcement and intelligence agencies that allowed the attacks to succeed, but was little more than a collection of questionable old conservative agendas that were taken off the shelf and introduced by the Bush Administration in the form of vital new powers the federal government needed to protect the United States from terrorism. (Brunswick)"
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Canadian Rules of Evidence, 2008.
A discussion on whether the rules of evidence in Canadian law discriminate against defendants.
2,720 words (approx. 10.9 pages), 15 sources, APA, AU$ 132.95
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Abstract
This paper explores the issue of whether or not the rules of evidence in Canada discriminate against defendants or, conversely, work in their favor. After examining a representative sampling of the available legal record, the writer concludes that - in both civil as well as criminal law - every effort is undertaken to protect defendants from evidence being admitted that might unjustly prejudice them in the eyes of a judge or, more likely, the eyes of a jury. Along the way, the paper looks at how judges have grappled with the challenges posed by new information-collecting technologies as they pertain to the issue of what is, and what is not, an appropriate document as well as what the legal concepts "trustworthiness" and "Best Evidence Rule" really mean - and what their implications are for defendants. From there, the paper proceeds to enter into a discussion of the Canadian Charter of Rights and Freedoms and how it protects defendant prerogatives.
From the Paper
"Generally speaking, the admissibility of documents in Canadian courts is more open to interpretation than ever before; for example, by the 1990s there was a growing trend towards trial judges exercising discretionary power with regards to what documents should be ruled admissible in courts and which ones should not be admissible. What should not be overlooked in all of this is that justices are making these determinations at a time when technology is changing the way in which technology is stored dramatically."
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Judges and the Media, 2008.
This paper looks at the relationship between the decision of judges and the media.
750 words (approx. 3.0 pages), 3 sources, APA, AU$ 43.95
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Abstract
In this article, the writer notes that the issue of judicial discretion in relation to the media has long been a source of debate. The writer points out that judges that have the power to allow media in the courtroom also have the power of impacting society, defendants' lives and the manner in which society views the judicial system. These factors are both positive and negative elements in regard to the issue; however, they also lead to one critical conclusion. The writer maintains that when one person has the ultimate authority to adversely impact anyone in society simply because he or she chooses to do so, that person has gained too much control over his or her community. This is because the determining factor in the decision is not weighed by law, nor is it guided by measured personal ethical standards - it is simply made based on an individual opinion. The writer argues that in the United States personal opinions may be allowed, but at no time should they be supported in arbitrarily harming others.
From the Paper
"Pattenden suggests, however, the when judges have the discretion of allowing media into the courtroom for reporting or television coverage there is a risk that may be too significant to overlook. This risk is that through the media coverage the defendant may be condemned before the trial is ever concluded. This is because the media has the ability not only to broadcast images to the public of the trial, but to create commentary on the proceedings as well. That commentary may not ultimately have an affect on the verdict, but it may lead to the public's determination of guilt or innocence of a person. Regardless of the verdict, therefore, that person may be subject to public scrutiny long after the trial has ended, and despite the innocence that has been determined by the jury. When the judge has the sole power to determine whether or not the media should be allowed in a trial that judge is then creating a situation for a secondary trial to exist between the defendant and the public. And it is a trial that may never end."
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Canadian Divorce Law, 2007.
This paper is a case study, which explores Canadian divorce law as applied to the rights of a woman whose 17-year old marriage is being terminated.
1,105 words (approx. 4.4 pages), 6 sources, MLA, AU$ 62.95
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Abstract
This paper explains that, because Canadian law seeks, as a general rule, to reward the efforts of the spouses equally vis-a-vis the allocation of the marital goods, it seems fairly evident that the woman should receive half of everything acquired by her husband over the course of their marriage. The author points out that this ruling includes a "fair" portion of the former husband's pension if that was something he was able to secure after their marriage unfolded. The paper argues that the spouse took care of the children and has been out of the workforce for nearly two decades; therefore, it would be patently unfair to leave her without some long-term means of support. The author stresses that she is every bit as entitled to enjoy the fruits of the husband's success as he is.
From the Paper
"First of all, Canada has a 20-year old Divorce Act which clearly states that a divorce is permissible if the couple have been separated for at least one year. In that regard, there is really no way that either party can contest the decision to end the relationship even if one of them decides after the fact that they wish to keep things going; from Kate's perspective, any fears that Ben might turn around and contest the agreed-upon divorce at some point in the future appear to be ill-founded. In any event, Kate is still in a challenging situation - at least at first glance."
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Curriculum and Reforms, 2008.
An analysis of the No Child Left Behind Act (NCLB) and the Individuals with Disabilities in Education Act (IDEA).
2,344 words (approx. 9.4 pages), 11 sources, APA, AU$ 117.95
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Abstract
This paper discusses some of the reforms that have been made to the curriculum taught in schools in the United States. It begins by discussing the No Child Left Behind Act (NCLB), which was signed in 2002 by President Bush. It looks at the aims of the NCLB Act and the arguments against it. It then discusses the aims, successes and issues with the Individuals with Disabilities in Education Act (IDEA) of 2004.
From the Paper
"The National Commitee of Parents and Advocates organized to protect IDEA does voice one additional concern over the 2004 amendments to the IDEA. While there was once a provision for full funding of the program for the schools, there is now only partial funding through the federal government. This is a cause for concern for many districts that are struggling with existent issues and that will now be required to make changes that will put a strain on already tight budgets ("IDEA 2004", 2004, para. 3). This concern, however, is minimal when it is considered that there are students that are not receiving an adequate education in a national educational system that is supposed to be one of the finest in the world and that has obviously been remiss in its efforts to teach all students."
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Child Witnesses, 2006.
An examination of whether a child should be presumed to be a competent witness.
755 words (approx. 3.0 pages), 9 sources, MLA, AU$ 43.95
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Abstract
This paper discusses the practical realities of a child witness. The paper focuses on understanding the "impressionability" of a child, and the child's ability to distinguish truth from falsehood. The paper explains that many states provide procedures to limit the trauma for children, such as testimony by closed-circuit television rather than in-court testimony, although there must be a hearing to determine if these procedures are appropriate. The paper suggests that the courts accept the competence of child accusers, confident that judicial processes can address possible issues of impressionability.
From the Paper
"The legal system does not accept such rules of competence. The key rule of evidence, the Federal Rules of Evidence, states at Rule 601: "General Rule of Competency: Every person is competent to be a witness . . . ." Most states follow this rule, so that no court can categorically bar a witness who is a member of a given class (such as age) without a showing that the individual witness cannot give sound testimony. Federal law is specific. A child is presumed competent. 18 U.S.C. . "
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Contract Law: The Case of Sally, 2008.
This paper explores contract law and its applicability in a specific situation.
2,426 words (approx. 9.7 pages), 4 sources, MLA, AU$ 120.95
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Abstract
The paper reviews a contract case involving a young woman who has driven two of her co-workers to work for a number of months and who also drives her younger sibling to school each day. The paper outlines what aspects of traditional British and Canadian contract law are applicable and explores what obligations the driver has to each of the three individuals discussed above. The paper shows how oral contracts, while more difficult to enforce in a court of law, are nonetheless binding upon the parties involved and impose real terms and conditions that should be respected.
From the Paper
""Sally" is a person who drives to work each day. In so doing, she also brings along with her two co-workers, Mary and George. When she first started giving Mary and George rides to work, she was informed by Mary that the latter would pay her a certain sum of money each month to go towards the cost of gas and towards vehicle maintenance; Mary also told Sally that she would need a month's notice if the latter could not take her to work as she had trouble securing an alternative means of transportation. For his part, George did not offer Sally any money at the start, but the end of the first month did inform Sally that he would give her a certain amount of money each month for the "inconvenience" of having to drop by his house early each morning. Incidentally, Jason is Sally's younger brother and he promises to keep the car clean and "mechanically sound" if she will provide a lift each day."
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