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Law vs. Justice, 2005.
This paper examines three legal cases to explore the issue of law versus justice.
2,070 words (approx. 8.3 pages), 5 sources, MLA, AU$ 85.95
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Abstract
This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.
Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe
From the Paper
"Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."
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Law and Justice in Literature and Film, 2004.
An analysis of how the issues of law and justice are presented in works by Martin Cruz Smith, William Shakespeare, Karl Marx, and the film, "Casablanca".
1,275 words (approx. 5.1 pages), 4 sources, MLA, AU$ 56.95
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Abstract
The 1980?s crime novel, "Gorky Park", by Cruz Smith, Shakespeare?s ?problem? play, ?Measure for Measure,? Marx and Engels's political manifesto, ?The Communist Manifesto?, and the World War II Warner Brothers motion picture, ?Casablanca?, all ask, at their respective narrative and philosophical hearts, the fundamental human question: What is justice? The paper shows that all grapple with the issue of how best to create a truly just society rather than one that is only superficially just. They ask, for example, whether just men and women or a just system of laws produce fair and equitable societies. Also, whether a fair code of laws or good people attempting to do what is right within any particular moral context is more important. The paper shows that, despite having been produced during different times and for different purposes, these four works form a textual unit that may be analyzed as argument by the critically inquisitive reader. Taken as a whole, this package of textual materials argues that the formulaic construction of law and government are meaningless, and the acts of good human beings alone can construct a truly just society.
From the Paper
"Marx and Engels called upon the reader, the member of the working proletariat, to respond to the text out of the outrage of his or her unjust experiences within the capitalist systems. The system must be changed, these authors counsel the reader. However, even these supreme advocates of systemic rather than personal and psychological change, must call forth within the reader a sense of sustained emotional outrage within his or her breast, without which no change would be possible. ?All that we want to do away with is the miserable character of this appropriation, under which the laborer lives merely to increase capital, and is allowed to live only in so far as the interest of the ruling class requires it.? (Chapter 2)"
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Law and Popular Justice, 2004.
This paper explores the relationship and differences between law and the people?s concepts of justice.
1,640 words (approx. 6.6 pages), 4 sources, MLA, AU$ 69.95
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Abstract
This paper explains that laws reflect, not universal, natural conditions, but particular cultural and social constructions. The author argues that one of the reasons that laws exist is to impose an artificial simplicity and order onto human behavior and human belief. The paper points out that, in a democracy, the law shifts from one era to the next, trying to reflect and create as great a consensus as is possible, but always leaving a large number of people outside of that consensus.
From the Paper
"Let us take a recent example of this. Ira Einhorn, who had been convicted in absentia in 1993 of killing his girlfriend, had fled to France. When U.S. authorities determined that he was living in that country, they asked French officials to allow them to extradite Einhorn back to the United States when he could be retried and sentenced. Both France and the United States have as a part of their culture and their laws a prohibition against murder. However, in France, this prohibition against murder includes executions (which opponents often refer to as state-sanctioned murder). In the United States (at least at the federal level and in many of the states), the legal and cultural prohibition against murder does not include execution."
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Law and Justice, 2005.
This paper discusses law enforcement and how it changed after September 11.
1,575 words (approx. 6.3 pages), 3 sources, AU$ 80.95
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Abstract
The paper examines a number of issues. Specifically, the paper provides a definition of justice as it pertains to law enforcement and it examines the extent to which justice and American policing co-exist peacefully. The paper also examines the controversy surrounding various police practices in recent years and explores the issue of whether or not 9/11 is wholly responsible for the changes which have taken place. Finally, the paper briefly concludes with what the challenges facing American law enforcement are in the years ahead and what can be done to overcome these challenges successfully.
From the Paper
"Law enforcement in America is inextricably linked with the administration of justice. For example, if law enforcement is weak, then justice will not be served for victims and for their families. The following paper will define justice as it relates to law enforcement and outline three current practices of law enforcement which demonstrate the "successful achievement" of the aforementioned definition. The paper will also examine whether or not all parties would agree with the contention that the above practices demonstrate the proper administration of justice; additionally, the paper will consider the possibility that they may, in fact, lead to injustice. Proceeding onward, the paper will note how law enforcement has changed since September 11, 2001, whether these changes have been positive or negative, worthwhile or necessary and whether or professionals within the field have been concerned by their emergence."
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Equal Justice under Law, 2008.
This paper discusses law and justice in the US, focusing on the US Supreme Court.
1,700 words (approx. 6.8 pages), 7 sources, MLA, AU$ 72.95
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Abstract
In this article, the writer explores the origins and history of the Supreme Court of the United States. The writer traces the early role of the court in the course of the development of the country. The writer notes that the Court is not without controversy, and decisions made have come to be symbolic of the wrongs of society, and the correction of these mistakes demonstrates the ability of the court to adapt and lead modern thinking. Finally the requirements of how a case is brought before the Court are discussed.
From the Paper
"In the constitutional scheme developed nearly two hundred and thirty years ago, the judiciary was established as one of the three co-equal branches of the federal government. Yet, Article III of the Constitution is surprisingly brief as to the establishment of the structure, duties and make up of a very powerful branch of the government. The court has been left largely to its own devices as how it conducts its affairs and what cases it chooses to hear, given the charge of original jurisdiction over a very few cases, the Supreme Court has become an institution equated with the preservation of civil liberties in our modern society. The history of the Supreme Court is the history of the United States and its struggle to maintain the Republic through a wide variety of challenges and crisis. A focus of political angst and a vestige of last hope for the oppressed members of society, whose imperfect judgment has stood the test of time, and corrected its past errors. With little Constitutional direction, this body has shaped modern society."
"The Supreme Court of the United States has jurisdiction over cases involving Ambassadors and other public ministers, cases of admiralty and maritime jurisdictions, controversies between two or more states, between the state and a citizen of another state and appellate jurisdiction over lower courts."
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Equality, Justice and Greatest Happiness, 2005.
A discussion on the implications of the Jeremy Bentham's statement "Everybody to count for one, and nobody for more than one" for justice and the greatest happiness principle.
1,887 words (approx. 7.5 pages), 4 sources, APA, AU$ 78.95
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Abstract
The paper begins with an assertion of the need for utilitarian philosophers to cite secondary principles of justice and fairness to allow people in a society to pursue happiness peacefully alongside one another. This statement takes the discussion into a definition and consideration of individual rights, both moral and legal. Fairness and what each person deserves are then brought in as elements of the practical concept of justice. Finally the notion of equality is discussed as an important aspect of utilitarian justice.
From the Paper
"Lyons makes the case for the ability of rights to "trump" one another . He argues that Mill's understanding of the concept of rights is not as rigid as some have seen it, and that rights have a flexible quality, and so, in certain circumstances, can be forfeited, or overridden. Essential to this is his assertion that "no rights are regarded by Mill as absolute". Lyons sees this belief in Utilitarianism because Mill goes into detail discussing examples where a right may not morally deserve to be kept by the agent, such as when the behaviour of a person to whom an individual owes a debt is such to forfeit this right to remuneration. So, it is not an impossible idea that some rights can trump others. Under utilitarianism, therefore, it is to be assumed that the right which trumps the other is that which causes greater general happiness."
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Pursuing Criminal Justice through Law Enforcement, 2008.
An analysis of current practices within law enforcement that demonstrate justice within the American judicial system.
2,124 words (approx. 8.5 pages), 10 sources, MLA, AU$ 86.95
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Abstract
This paper discusses possible definitions of justice in its relation to law enforcement. It particularly discusses how criminal justice is connected to the idea of due process. The paper then focuses on current practices within law enforcement that demonstrate justice. The paper argues that policies and practices created to increase public order or individual rights are frequently seen to diminish that which they were put in place to protect. Finally, the paper discusses how justice as it applies to law enforcement in America has changed since the advent of September 11, 2001 and the direction it will take in the future.
Table of Contents:
Current Practices Demonstrating Justice
Community Policing
Miranda Law
Cross-agency Cooperation
Changes following September 11th
USA Patriot Act
Department of Homeland Security
Airport Security
Future Challenges
Consequences of the Patriot Act
Funding
Racial Profiling
Prediction for Law Enforcement
From the Paper
"Rapidly expanding technologies, including computer networking, the Internet, wireless services of all kinds, and simple access to relatively anonymous forms of electronic communication, signal a new era for the American justice system and more importantly, law enforcement. On the other hand, law enforcement access to high-technology investigative tools has produced enormous amounts of information on crimes and suspects, and the use of innovative investigative tools are beginning to shape many of the practical aspects of the 21st century criminal justice system. Sadly, in my opinion, the criminal justice system of the future will look much like the system we know today."
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Criminal Justice and Restorative Justice, 2008.
An examination of the literature related to restorative justice in the criminal justice system from the years 1996 to 2006.
985 words (approx. 3.9 pages), 4 sources, APA, AU$ 44.95
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Abstract
This paper examines the content of peer reviewed articles published within a ten-year period, from 1996 to 2006. It focuses on the criminal justice system and its experiences with restorative justice. The paper looks at the values that researchers have that drive investigation during any given period, as seen in the examined articles. The paper also identifies gaps and trends in research during the specified period.
Table of Contents:
Introduction
Purpose
Hypothesis
Strengths/Weaknesses
Methods
Data Collections
Results
Method
Variables - Independent and Dependent
Statistical Analysis/Means/Mode/Median
Conclusion
From the Paper
"Given the evidence provided from this study the researcher finds the following true. Hypothesis (1) - proven true, given restorative justices seems to be the more commonly used tool for rehabilitating criminals in the population specified. Other data collected from the content analysis however suggests hypotheses (2), suggesting less relapse is likely among participants engaged in this form of justice remains questionable. Further research is needed to establish or refute this hypothesis, given changing trends in criminal justice and criminal behaviors in the future. Overall, the researcher argues despite some comments to the contrary, restorative justice, which aims to involve victims in the rehabilitation process and encourages convicted criminals at a young age to rehabilitate and participate in their community, remains an effective form of justice."
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Equal Rights, Equal Obligations, Equal Opportunities, 2000.
This essay discusses women in the military and the law.
1,425 words (approx. 5.7 pages), 1 source, AU$ 61.95
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Abstract
This paper discusses the legal basis of the situation of women in the military, and relevant court cases such as Hoyt v. Florida, Taylor v. Louisiana, US vs. St. Clair, Rostker v. Goldberg, Craig v. Boren, and Schlesinger vs. Ballard. Discusses myths and truths regarding women and military service. Argues for equal rights, equal obligations, and equal opportunities within military and civilian spheres.
From the paper:
"Men and women are treated unequally in regards to military service. Men are required to register for the Selective Service when they turn 18, while women are exempt. While women are allowed to perform most jobs in the military, they are still restricted from some combat roles. This gender inequality stems from antiquated notions of female weakness and domesticity, which have no legal validity in our society today. Furthermore, limiting women?s roles in the military violates women?s rights to be full and equal citizens of the United States, with all the privileges, obligations, and duties that carries with it."
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Justice Delayed, Justice Denied, 2008.
An analysis and comparison of Constance Curry's "Silver Rights" and Tim Tyson's "Blood Done Sign My Name".
866 words (approx. 3.5 pages), 8 sources, APA, AU$ 39.95
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Abstract
The paper compares Constance Curry's book "Silver Rights" to Tim Tyson's book "Blood Done Sign My Name". The paper relates that Curry's work is a tale about the ability of the human spirit to overcome and triumph negative forces of racism and mistrust, whereas Tyson's work, in contrast, is about how South Carolinian blacks, long socially and legally oppressed, eventually used street violence to ensure that the violence done unto them was punished.
From the Paper
"Silver Rights specifically grapples with the complicity of the state's legal system in African-American disenfranchisement. When Title VI of the Civil Rights Act of 1964 was enacted as part of the landmark Civil Rights Act of 1964 it prohibited "discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance" and its implications for student education were profound ("Title VI of the Civil Rights Act of 1964, 2007, U.S. Department of Justice Website). In an attempt to circumvent the strictures of the federal law, the state government of Mississippi passed a "Freedom of Choice" law."
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Combined Law Enforcement and The Criminal Justice System, 2005.
Investigates the option of combining all the law enforcement agencies under one umbrella organization in the United States.
3,879 words (approx. 15.5 pages), 31 sources, APA, AU$ 138.95
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Abstract
This paper addresses the issue of the United States combining all police agencies into one national police organization, as well as the consolidation of the criminal justice system, based on the current threats of terrorism and other dangers to the United States. Issues discussed in this paper include the role of the police in U.S. society, duplication of laws (between state and federal statutes), local control of police function, training and education of officers' issues, discretion issues and corruption issues.
Table of Contents
Introduction
Dangers to the United States
Combining of Police Agencies to form one National Police Organization
Effects of Consolidation on the Criminal Justice System
Role of Police in U.S. Society & Jurisdictional Issues
Duplication of Laws (State & Federal)
Training & Education of Officers
Control of Local Police Functioning
Discretion & Corruption Issues
State and Federal Judicial and Correctional Systems
References
From the Paper
"Currently the role of the police in the United States is to protect the community, and maintain order while enforcing the laws that have been written. Further the police are responsible for detecting and preventing crime, arresting individuals that have committed a crime and seeking justice for their victims. Police endure specific training in regards to the laws set for the state and community in which they are to enforce the law. This training not only teaches them how to fight crime but how to maintain the safety of all citizens at all times within their abilities."
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Criminal Justice: Substantive vs. Procedural Law, 2008.
This paper compares substantive versus procedural law and the related concepts of substantive and procedural due process.
1,336 words (approx. 5.3 pages), 7 sources, APA, AU$ 57.95
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Abstract
The paper discusses and explains the differences between substantive and procedural law and substantive and procedural due process. The paper then examines its applications to policing structures world wide, juvenile delinquency and the American criminal justice and policing system.
Outline:
Substantive vs. Procedural Law
Various Forms of Police Structures Throughout the World
Patterns Juvenile Delinquency Throughout the World/How Determine Who Juvenile?
From the Paper
"There are varying policing structures throughout the world, including those in Japan that emphasize a more empathetic and rehabilitative policing structure, where police agents are encouraged to take on a more parental role in rehabilitating criminals, to that of a more socialized policing system, as that in China, where crime is addressed under more stringent and directed manners (Weiss, 2000). In Poland, the criminal justice system is described by Weiss (2000) as one that is privatized, represented by "growing state repressive arsenals" where corporations and individuals have more control over security and where policing takes on many different forms, reflecting formal state sanctions throughout regions of Poland (p. 1). This compared with private security firms in China that operate more as "wholly owned subsidiaries of the state Public Security Ministry" (Weiss, 2000, p. 1). Privatization is a model used in many countries aside from Poland, including in Brazil, and is often used to "deconstruct the political and state-organized nature of violent social control" many associate with other forms of policing (Weiss, 2000, p. 1). Many suggest that privatization is the key to promoting less violence, however, there is the possibility of increased brutalization and terror under such systems. "
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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, AU$ 43.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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How Equal is Equal Employment Opportunity?, 2002.
A paper which looks at women over the age of 50 in the workforce.
1,505 words (approx. 6.0 pages), 6 sources, MLA, AU$ 64.95
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Abstract
This paper addresses inequalities in the workplace, specifically as they affect women and persons over age fifty. The paper discusses how the Equal Opportunity Employment Act should be applied and enforced by employers, as well as methods in which human resources professionals should structure their EEO Policy in accordance with the law.
From the Paper
"America, one of the wealthiest and most powerful countries in the world, foremost in the fight for freedom, justice and equal rights of all people, still has not achieved equal opportunities for certain groups of people on our own home land. Workplace discrimination has prevented certain groups of people from attaining jobs, which they were otherwise qualified for, but were denied on the basis of race, gender, age, ethnicity, religion or disability. Age discrimination is one of the least discussed topics of discrimination; however, it still remains a widely practiced phenomenon."
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Equal Pay for Equal Work, 2004.
This paper discusses that, regardless of everything that has been achieved by women in the workplace, parity in remuneration between the genders is still to be attained.
2,705 words (approx. 10.8 pages), 10 sources, APA, AU$ 105.95
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Abstract
This paper explains the disparity in remuneration among the sexes and indicates that women, who are engaged full-time work, receive roughly 80% of men?s hourly remuneration. The author stresses that it has been made legally mandatory in the U.S. to apply uniform remuneration for uniform employment to speed up the progression of bringing in parity. The paper points out that a significant factor in the pay disparity is the fact that women are more often engaged in part-time work, which pays less proportionally than the full-time equivalent.
From the Paper
"The major noticeable effects on the remuneration of females are the choice to bear children. Eighty percent of women attain motherhood at certain stages in their life, and twenty five percent of women are engaged in part-time assignments; therefore an increased percentage of women?s life during the earning years is used outside their work. Women, who are the main nurturers for their offspring, are aware of the duties of being a mother while deciding about nature of jobs, and several women prefer occupations where there is more freedom and remunerations are comparatively less. Taking into account those alternatives, weighing the relative salaries of men and women is a misapplication of figures and a vilely deceptive assessment."
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Can Human Justice Ever Be Achieved?, 2006.
A look at the issue of human justice and equality for all.
1,907 words (approx. 7.6 pages), 5 sources, MLA, AU$ 78.95
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Abstract
This paper takes a look at human justice and the ideal of equality between the sexes, races, class and religions. The paper focuses primarily on the issue of women's rights.
From the Paper
"Take, for example, a healthcare provider treating an aboriginal couple. Because of past historical injustices, today, even indigenous persons who have endeavored to become integrated into Australian society have higher rates of single parenthood, incarceration rates, and unemployment, and fall short of every possible Westernized measurement of success in contemporary life. (Calma, 2006, p.1) The instance of domestic abuse might seem to simply pose the question--did the indigenous husband commit the crime to which he or she was accused? If so, the person should be incarcerated. But previous inequitable social conditions may drive the roots of the difficulties between the couple, making the issue of reporting more difficult. Also, biased judges and juries may make the person's punishment, however unconsciously, harsher because of the defendant's race. To report an abusive man from a racial minority may be just, but it also may exacerbate an age-old historical injustice."
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