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Felon Disenfranchisement and Justice

They believe the felon should have to wait for years after serving his/her sentence. Sometimes this is so far out of hand that the felon would die of old age before he/she could vote again. They should be given the chance to prove they have been rehabilitated. Another argument against this unjust disenfranchisement is the felon knew the crime called for punishments, including loss of privileges. S...

Judicial Precedent - source of law

Another objection which is quite often raised against precedent is that development of law through case-law more or less depends upon chance, because there is no test available for determining the validity of law made by precedent. Sometimes erroneous decisions of S.C. create practical problems for the subordinate judges as they are bound to follow these decisions howsoever wrong or defective. Thi...

Should Juveniles be tried as adults?

I still believe that juveniles should not be tried as adults, many children as young as 13 years old have been tried as adults and sentenced to die in prison, typically without any consideration of their age or circumstances of the offense. In the article “( children in adult Prison)” “ EJL argued in the united states supreme court that death in prison sentences imposed on children are uncon...

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Mr Salomon Business Case

Mr.Aron Salomon and his advisers, who were evidently very shrewd people, were fully alive to this circumstance. If the legislature thinks it right to extend the principle of limited liability to sole traders it will no doubt do so, with such safeguards, if any, as it may think necessary. But until the law is changed such attempts as these ought to be defeated whenever they are brought to light. Th...

Bringing Adam Home Book Review

Bringing Adam Home is a gruesome story of justice finally served two decades too late. By that time, though, Ottis Toole had died in prison. And our society has changed. Now kids are warned about strangers. No one leaves their kids in the toy area and goes shopping anymore. Lawenforcement has transformed its practices to better protect children. Public places have adopted Code Adam, a powerful sea...

Doctrine of Stare Decisis in System of Justice

Until 1966, the House of Lords in the United Kingdom was bound to follow all of its previous decisions under the principle of stare decisis, even if this created "injustice" and "unduly restrict(s) the proper development of the law" (London Tramways Co. v London County Council [1898] AC 375). The Practice Statement 1966 is authority for the House of Lords to depart from their previous decisions. I...

Values in Monte Cristo and V For Vendetta

The ruling theme in both The Count of Monte Cristo and V for Vendetta is vengeance and this is evident through the techniques character, plot and dialogue. In Alexandre Dumas’ The Count of Monte Cristo, the techniques character, plot and dialogue emphasize the theme of vengeance. Similarly, James McTeigue effectively uses the techniques character, plot and dialogue to signify the theme of vengea...

Case of Speluncean Explorers

Secondly, he emphasizes and talks about the relevance of the golden rule. The case had been decided without violating the statute “he who shall willfully take the life of another is a murderer”. However, literal rule cannot always be applied. Justice Foster illustrates cases such as Commonwealth v.Staymore and Fehler v. Neegas to support his argument that applying golden rule often gives a mor...

Understanding Probation and Parole

In conclusion, these two institutions are being supervised under two different branches, such as probation officers reporting to courts and parole officers to a parole board. Also, that courts are under the judicial branch of the government and parole boards are under the executive branch. Lastly, most individuals on parole are low risk offenders, that’s why they are released from prison before ...

Critical Thinking in a Play Twelve Angry Men

The boy’s alibi that he was at the cinema watching a movie was greatly debated upon but here also juror 8 brings reasonable doubt by showing that it is understandable to forget such details as the movies name under stress. He does this by cross questioning juror 4 on similar questions. In conclusion, reasonable doubt is an effective safeguard in the jury system as the boy’s life is eventually ...

The Exclusionary Rule as a Part of Justice

The exclusionary rule should not be abandoned. It was put there to help the citizens as well as the police. There will always be someone who is unhappy with the way the state or country is being run and try to fight it. As stated above, it will keep the judicial system honest and discourage the overzealous officers from illegally searching your home or property. What if it was abolished then the c...

Need of Specialized Prisons and Services

There are programs available to assist each group and encourage them throughout their treatment and among them is the True Grit program that encourages the elderly inmate population to live fuller lives even behind prison bars and has led to a decrease in the need for medical care and use of psychotropic medications. Programs like it should be utilized more often to obtain similar results and ther...

Case1 : King v.BioChem Therapeutic Inc

This may result in injury if the closure is improperly removed using a tool or some other devices. “ The judge concludes that Cott has breached the statutory warranties of acceptable quality and fitness. She also concludes that Cott committed a gross negligence. Therefore according to article 1469, the manufacturer is responsible for bodily, moral and material damages (compensatory damages): Los...

Miranda Rights vs Arizona’s Supreme Court

Miranda was then found guilty and he was convicted and sentenced to 20-30 years in prison on each count. The conviction was then upheld due to the fact the Miranda’s attorney appealed to Arizona’s Supreme Court which then led to the case being appealed to the United States Supreme Court which also connected the case with four other similar ones. The court later came to an agreement that it is ...

International Disputes on Common Law and Judicial Precedent

Basically, in Quebec, what was used was old Roman law and the custom of Paris. Under the Quebec system, the court system became a British system. The result was that Common Law heavily influenced civil law. July 1866, the Civil Court of Law in Canada codified the Civil Law in Quebec (like Napoleon and France). Much of the Civil Code of Canada was taken by the Napoleonic Code. Unlike what you would...

Advantages of Judicial Precedent in Justice

Another advantage would be Original precedents, this allows for new or original precedents to be created and this occurs when there is no previous decision on the matter or case and this therefore means an original precedent therefore makes legal provision on a matter for which there was no previously no. In Gillick V West Norfolk and Wisbech Area Health Authority the House of Lords had to decide ...

Justice vs Shooting of Michael Brown

The benefits of officers wearing body-worn video technology include evidence that both officers and civilians acted in a more positive manner when they were aware that a camera was present, new opportunities for effective training of law enforcement officers presented by the use of cameras, and useful evidence of interactions was often captured on video (as reported on the white house petitions go...

Does DNA Profiling Help Justice

As far as the general public goes I am stuck in the middle on this, it would be great for everyone to be in a DNA database, as it would deter crime and solve crimes much faster, but on the downside, giving that kind of information to the government without knowing for sure what they might use it for, other than criminal cases, missing persons or things in that nature, would be an invasion of priva...

The Test of Remoteness in Law

Reasonable foreseeability is always a necessary ingredient of a negligence action as it is required to establish a duty of care and The Wagon Mound test is now established as the remoteness test for negligence. However I would not agree that it is the sole test of remoteness in the tort of negligence. As described earlier, if this was so then the 'egg-shell skull' would not apply. Although from re...

Any Kind Checks Cashed vs Talcott Court’s Decision

Any Kind should have contacted the bank the check was drawn on to verify that there was no issue with the check and not rely on experience and a FedEx cover. In order to ensure that they and preserved their status of the holder in due course status. The courts determined that Any Kind was not the holder in due course due to the manner in which they did not ensure that the check was valid before ca...

Justice and Equality in The Incident at Oglala

Worst of all, if the government can plant evidence, distort evidence, coerced witnesses, and intentionally falsify documents just to get a conviction in one case, what will stop it from doing the same in any other case? On a larger sociological point, the Pine Ridge Indians see the case of Peltier as another reason why they should be skeptical about the government seeking their interests. This is ...

Hamurabi's Code

In conclusion, Humurabi’s code were a code of laws created for the bablylonians by their king and ruler, Hammurabi. These codes were created to protect all the classes of the Babylonian people and make life easier to live day to day. The code of laws applies to the entire Babylonian society. The penalties of the code varied according to the status of the victim. The purpose of the Code of Hammur...

Intoxication as a Defense Against Criminal Liability in India

The defendant said that while he intended to cause damage he did not consider that people’s lives might be in jeopardy. The House of Lords held that evidence of self-induced intoxication could not be considered where recklessness constitutes the fault element of an offence.141 Recklessness was defined as conduct which created a risk that would have been obvious to the ordinary prudent person, bu...

Law on Offer and Acceptance

But if we look into the section 5 (3) of the CA, a proposal may be revoked at any time before the communication of its acceptance, and is complete as against the proposer, but not afterwards. And thus the above said case (Holwell v Hughes) is overruled by the contracts Act. And in this case offer, acceptance and consideration were complete. And revocation by Yatie was not complete since Tina did n...

Leonard Peltier - the rights of people

The outburst of Peltier and other Native Americans may have something to do with why Leonard has been incarcerated for 33 years, for a crime he did not commit. Overall, Department of Justice framed Peltier, manipulating jurors to wrongfully convict him. In fact, authorities later admitted they weren't sure who killed Coler and Williams or if Peltier was involved. Justice is long awaited, Leonard P...

Criminal Procedure Policy and Justice

As the United States population continues to grow in areas of ethnicity, race, and social groups; so must criminal procedures and policies that must progress to meet the needs of crime control. These policies and regulations must align with the United States Constitution and Amendments to ensure fairness to the appellate. These Amendments and laws must satisfy the victim, and family members be ren...

Christian View of a Movie Slumdog Millionaire

After watching the film and analysing its key points and themes it is clear that ‘Slumdog Millionaire’ is both uplifting and inspiring, it does however explore the harshness and cruelty of reality in the slums of Mumbai, these negative aspects somewhat dominate the film and for this reason I am led to believe that the film lacks hope, the film presents a succession of depressing obstacles that...

The Role of Judges in Israel

The fragmentation, both socially and religiously of the Israel nation may have affected the effectiveness of the judges in addressing the problems of the Israelite nation. As the book of Judges come to an end and in the beginning of the book of Samuel, the need for unity is emphasized as the people request for a king, who they felt would have been more effective in carrying out the responsibilitie...

Efficient use if Paper Rule - Court

In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with their annexes; In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the En Bane, one original (properly marked) and eight copies with annexes; and d. In other courts, one original (properly marked) with the stated annexes attached to it. Sec. 6. Annexes...

Money Management and Forensic Auditing

Reporting " The forensic auditor needs to be present during court proceedings to explain the evidence collected and how the suspect was identified. They should simplify the complex accounting issues and explain in layman's language so that people who have no understanding of the accounting terms can still understand the fraud that was carried out.To summarize, a forensic audit is a detailed engage...

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