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Essay about How Societies Manage Disputes
INTRODUCTION
Law is one method of resolving disputes when, as is inevitable, they emerge. All societies have mechanisms for
dealing with such problems, but the forms of dispute resolution tend to differ from society to society. In small
scale societies, based on mutual co–operation and interdependency, the means of solving disputes tend to be
informal and focus on the need for mutual concessions and compromise to maintain social stability. In some
such societies, the whole of the social group may become involved in settling a problem, whereas in others,
particular individuals may be recognized as intermediaries, whose function it is to act as a go–between to bring
the parties to a mutually recognized solution. The common factor remains ... Show more content on
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It can be argued that arbitration represents a privatization of the judicial process. It may be assumed, therefore,
that of all its virtues, perhaps the greatest, at least as far as the government is concerned, is the potential
reduction in costs for the State in providing the legal framework within which disputes are resolved.
ADVANTAGES OF TRIBUNALS
Advantages of tribunals over courts relate to such matters as:
– Speed The ordinary court system is notoriously dilatory in hearing and deciding cases. Tribunals are much
quicker to hear cases. A related advantage of the tribunal system is the certainty that it will be heard on a
specific date and not subject to the vagaries of the court system. This being said, there have been reports that
the tribunal system is coming under increased pressure and is falling behind in relation to its caseload. Thus, in
1993, in relation to the employment tribunal, Feaser Youlson, the Vice Chair of the Employment Lawyers
Association, complained that cases which had previously taken three to five months to be heard could now take
over 18 months.
– Cost Tribunals are a much cheaper way of deciding cases than using the ordinary court system. One factor
that leads to a reduction in cost is the fact that no specialized court building is required to hear the cases. Also,
the fact that those deciding the cases are less expensive to employ than judges, together with the fact that
complainants do
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Mental Health Court
Mental Health Court
Mental Health Court
2013
By: Elizabeth Gavin
Professor Contino Class: Corrections One
9/17/2013
2013
By: Elizabeth Gavin
Professor Contino Class: Corrections One
9/17/2013
Mental health courts are a resource given to prisoners who would normally be put in prison if they had not
decided to join this special program. Mental health court is a court run program by the district attorney's office
in some counties. This program is based off of traditional court room structure but is also paired with
community services. Mental health courts solve a lot of different problems within our criminal justice system.
The first problem it solves is the ... Show more content on Helpwriting.net ...
PTSD is usually only excepted when you are a veteran and then you would not go into the mental health court
but into the veteran's court that they offer. Other disorders besides these can sometimes be acceptable but they
have to come with substantial evidence that it impaired their judgment. At York County an exclusion from the
mental health court would be if you had any previous charges they are not resolved in other states. Not every
charge is allowed to enter into mental health court some examples of that are murder, any sexual charge, any
violent offense (example aggravated assault), and anyone who is classified as a violent offender. Although
these crimes are excluded under the conditions under certain circumstances they might allow one of these
charges to enter into mental health court. Along with a list of certain circumstances to get into mental health
court York County also provides a list of prohibited medications in the treatment court so people are aware of
the rules before entering. The mental health court at York County has three phases for the offenders and has
listed what is expected of them and what the possible sanctions if they do not follow what is required of them
(York county mental health court manual, May, 2005).
I stated earlier how most mental health court programs are for a yearlong and can change depending on what
happens with the offender and the treatment courts position. From being able to have the
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The Dark Side of Judge Pyncheon in Nathaniel Hawthorne’s...
The Dark Side of Judge Pyncheon in Nathaniel Hawthorne's Novel, The House of the Seven Gables
People in society live in a masquerade. Everyone wears a decoratively adorned mask that displays beauty,
purity, and service. However, behind the mask lies on the inside of all society. One will stop at nothing in order
to be well liked, thus becoming hypocrites. In Nathaniel Hawthorne's novel, The House of the Seven Gables,
the narrator uses intense diction, a vivid selection of detail, and a shocking tone to reveal that the character of
Judge Pyncheon resembles perfection on the outside, yet "darker traits" sit latent on the inside.
The narrator uses intense diction to describe Judge Pyncheon's character as near perfection. He reflects ... Show
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Pyncheon is always aware of his form as well as his appearance towards others like "broad benevolence," and a
"scrupulous" attention to the rich and poor. The narrator suddenly transitions from Judge Pyncheon's
"admirably arranged life" to his "early and reckless youth." Nathaniel Hawthorne ultimately describes
Pyncheon's "looking–glass" image, his party mask. This "hard, cold man" can only be brought down by the
public loss of interest in him. The intensity of the narrator's diction makes the Judge's contrasting inner and
outer characters obvious and blatant.
A vivid selection of detail provides perfect evidence to Judge Pyncheon's unsightly hypocrisy. Hawthorne pays
close attention to Pyncheon's work life, social world, and conspicuous appearances. At the same time, he
elaborates on his wonderful involvement, his pursuing work ethic, and his superb manner and attire towards
others. However, it is not the superficial attributes that Hawthorne pays attention to... it is the subliminal side of
the Judge that he disregards. What does Judge Pyncheon do in his leisure time when the public eye is not
trampling in his world? The Judge's "splendid rubbish" is only a mere reflection he wants society to witness.
Because of the narrator's selection of detail, Judge Pyncheon's secret existence soars to the surface.
A shocking and disappointing tone exposes Judge Pyncheon's "active and subtle conscience." Hawthorne is
loathing
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Judges Allocation and Sentencing Guidelines
1.4 Judges are typically white men with strong political connections. Do you see any problems with this in
terms of fairness in sentencing?
Judges allocation of outcomes is constrained by a diversity of factors; race has no weight on sentencing. What
is taken into consideration is the severity of the crime and the individual's criminal history. The judge has to
consult the Constitution and a group of statutes and court rules that governs sentencing procedure in that given
jurisdiction.
When considering procedures for sentencing, it is important to know that the outset that sentencing is an area in
which jurisdictions vary considerably, and to distinguish the differences in sentencing systems may have an
important bearing on the ... Show more content on Helpwriting.net ...
Efficient courtroom workgroups seek to process cases rather than dispense justice. The legal merits of the case
are the true determinative factors of an outcome.
Judges: is the person who is eminent on the Bench in the front of the courtroom. While the Judge is mandate by
law to rule on the admissibility of the evidence as it comes into trial, the jury is empowered by law to rule on
the reliability of the evidence. In addition the judge accepts or approves the guilty pleas when the defendant
waives the rights to trial.
Criminal Prosecutor: is a representative of the State or Federal government whose job is to prosecute
individuals who have committed crimes and to take legal action for this violation. These are the individuals that
will go into the court room and argue to the judge and/or jury that the defendant has committed a crime and
should be held accountable for his/her offense.
Defense attorney: is the person in charge to defend the individual accused of a crime. The defense attorney
exercises any number of rights on his client's behalf to change the course of the trial or negotiate the best
outcome for the defendant, as well as provided the best defense for his client.
3. What are the functions of a Judge?
The judge presides in the courtroom. The judge rules on points of law and instructs the jury, about the law that
governs each case. Protecting the jury from outside influences is one of the important of the judge's tasks at
trial. The
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Courtroom 302
Professor Chapleau
CJS
7 April 2013 Courtroom 203 My understanding of the court system has changed almost weekly from the
beginning of my semester. I do understand things that I never thought I would've have known or even cared
about in the least. The book Courtroom 302 has brought an even different side of thinking into this. The book
goes into detail about the criminal court in Chicago. He watches all of the actions and different trials that come
and go in the courtroom 302. He presents many different cases throughout the book which gives more insight
then just a single case. Overview of the book: The book is written by Steve Bogira, who is a reporter for a
newspaper is Chicago. He goes into the courtroom 302 whose judge ... Show more content on Helpwriting.net
...
One of the defendants actually states "Hey you good, Why aint you become a real lawyer" (p. 138). They think
because they are getting this for free that these people representing them don't have any idea what they are
doing because the one was so good at using the facts for his client is a good way he got him acquitted.
Throughout most of the book the judge of the courtroom is up for a retention election. He is a circuit court
judge and that means he has to do a partisan election and he must get 60% majority to keep his job on the
bench. This makes a huge impact on some of the decisions judges will make in the courtroom. During the trail
of white men who were going trail over beating a young black kid who was in their neighborhood. The judge
was being affected harshly by this because if he was easy on the men then the black community would vote
against him because the beating was racially motivated. On the other hand if he gives them a harsh sentence he
could be looked at bad because these men were first time offenders. He gets accused of rushing the case
because what he planned on doing was gives the one man who was the one who did the beating a harsh
sentences and give the others probation. He wanted to get it on the record that he gave him a harsher sentence,
and even after the sentence he was telling the media all about his reasoning for why and how he came up with
this decision. He ended up give
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Judicial Misconduct Essay
Founders of the United States of America believed in providing the people of this great nation with a fair, and
impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be
respected and protected by the government. Abraham Lincoln once said "Government of the people, by the
people, for the people, shall not perish from the Earth". Every part of the United States government has a duty
to protect the people that gave the government power, and one organization in particular plays a very large role
in this charge. The Judicial System of the United States America is a complex organization constructed to
uphold the authority of the Constitution, and federal law. The judges within the ... Show more content on
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The primary functions of lower courts consist of processing minor offenses but these courts will sometimes
process felonies as well, without sentencing the defendant. Major trial courts take the processed felony cases
and complete them; in major courts the defendants who are charged with felony crimes mainly enter a plea of
guilty or not guilty, which then leads to a trial (Neubauer, 2010). The second component of our dual court
system consists of appellate courts. In the U.S. judicial system, a defendant found guilty in a trial court can
normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by
trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or
hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the
transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer,
2010). Similar to trial courts, the federal government and most states have made two different types of
appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases
heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the
United States, the role of the judge stays constant throughout the majority of branches. Judges and their duties
in the courtroom are misunderstood, because of
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Criminal and Civil Law in the English Legal System Essay
One of the main differences between criminal cases and civil cases is that they are held in different courts, this
is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered
to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the
case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For
example: a murder, theft or rape.
Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more
difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates ... Show
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Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial.
Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information
on which to base bail decisions, with the exception of experimental bail information schemes involving the
probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether
bail should be granted or not. There is a high degree of correlation between prosecutors' representations and
magistrates' decisions. One problem the society has with magistrates is that sections of the community are
underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle
class and conservative.
The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt
with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial
in the Crown Court but if he/she elects summary trial the magistrates may decline to hear the case. Even if they
do they may commit a convicted person to the Crown Court for sentence if they believe their own sentencing
proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and
recorders. The latter are part time and hear the less serious
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Ethical Codes and Particular Cases
ETHICAL CODES AND PARTICULAR CASES 1
Ethical Codes and Particular Cases
Shannon Smithers
Walden University
ETHICAL CODES AND PARTICULAR CASES 2 The Florida Bar v. McAliley was a case of a husband who
is a member of The Florida Bar fighting with his wife over final order regarding modification of custody,
visitation, parental responsibility, and other issues. He claimed that their minor child was being harmed by
second hand smoke, and was told by his mother how to act when he was with him. He filed numerous claims to
the appellate court ranging from not being able to be present for medical and dental exams to the trial judge not
letting him represent himself. Every claim he filed was then denied because the ... Show more content on
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If he thought he could manipulate the courts just because he is a
ETHICAL CODES AND PARTICULAR CASES 3 lawyer, how do we know if he is not like that towards other
clients and judges. I understand that people get emotional when things like divorce and custody arises and
things can get out of hand, but in this case, I feel he went a little overboard only thinking about himself and not
considering the consequences this all had on his ex wife and minor child. He was definitely unprofessional and
even one of the judges said " if someone asks me what vexatious litigation looks like, the former husband's
various filings in this divorce case, especially his antics in these post judgment proceedings, are an excellent
example" (Judge Farmer, 1997). Judges and lawyers have a higher standard to go by, if this type of action is not
tolerated when representing a client, then it definitely should not be tolerated by a lawyer in his own case.
ETHICAL CODES AND PARTICULAR CASES 4
REFERENCES:
American Bar Association. (n.d.). Lawyer ethics and professionalism. Retrieved from
http://www.americanbar.org/groups/professional_responsibility.htm
1 McAliley v. McAliley, 704 So. 2d 611 – Fla: Dist. Court of Appeals, 4th Dist. (1997). Retrieved
fromhttps://scholar.google.com/scholar_case?
case=6943653462044241336&q=related:uO2O4AjQXGAJ:scholar.google.com/&hl=en&as_sdt=6,47&as_vis=1
The Florida Bar v. McAliley, 797 So. 2D
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The US Trial System Essay
When one thinks of trials a lot of questions come to mind. What is a trial? What is involved in a trial? Who are
the participants in a trial? Of all the participants how do they all contribute to the trial, what are their duties?
What are the aspects of a trial and how do the aspects affect the fairness of the trial. How does our constitution
contribute to a trial and how does it create fairness to the system? Within the body of this paper I will educate
the reader on the trial system and answer any questions a person may have on the subject. I will use the
research I have done to educate the reader on trials, the fairness of trials, and how I feel that trials can be made
fairer. There are several types of trials in our ... Show more content on Helpwriting.net ...
Kuklin) Among all the duties of the judge he is there to act as a referee. He keeps everyone in the courtroom in
order. He explains to the jury the laws. After he hears the witnesses and all the other evidence, he will take in
considerations all the facts and make a decision based on his own personal interpretations of the law. His
powers will be shared with the jury. The jury or jurors "are randomly drawn from the court's geographical area–
typically from voter and motor vehicle registration lists–to evaluate evidence during trials and render verdicts.
Jurors decide, according to the evidence, whether the defendant is guilty beyond a reasonable doubt of the
charged crime. Jurors are not supposed to decide legal questions, such as what evidence is admissible. And
jurors usually do not decide what sentence the defendant should receive in case of a conviction, except in
capital punishment cases. It is increasingly common for judges to involve jurors in the questioning of
witnesses. Before excusing witnesses, many judges invite jurors to submit written questions. After reviewing
the jurors' proposed questions with attorneys from both sides, the judge decides which questions (if any) to ask.
Most cases don't involve juries. Juries are not formed unless and until a case goes to trial. Since at least 90% of
criminal cases end in plea bargains (never getting to trial), and many trials are handled by judges alone, most
criminal cases go
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Trials of Oz
'The Trials of Oz'
Court as Theatre
In the first case, Robertson is not principally involved as counsel for the Oz editors in their obscenity trial. He
is just a 'stage–hand for the defence'. We note the metaphor: a stage–hand is someone who assists at a theatrical
production. Robertson frequently recurs to the idea of the court as a theatre and the players in the justice game
as actors:
Like the squalor behind the splendour of the stage at Convent Garden [the great
London opera house], so the solemn ritual of an Old Bailey trial disguised the fact that it was produced in
greasepaint and chaos. The solicitors' clerks who stage–managed the shows would meet to rehearse the cast of
the day around the formica tables of the Rex Café ... Show more content on Helpwriting.net ...
That the judge is unaware that Hair is a musical is supposed to suggest how out of touch he is with reality.
The cumulative effect of this perspective is that if the judge is hard on the allegedly obscene editors and
misrepresents their defence to the jurors, this would only be what you would expect of such a second–rate
individual. Robertson's presentation, based on truth, is heavily influenced by bias and opinion against the judge
and, thereby, in favour of the defendants. The eventual verdict of guilty is seen to be inevitable. The editors
were sent to prison for psychiatric examination.
'Reason' and 'Sanity'
The voices of 'reason' and 'sanity', writes Robertson, were outraged and an appeal lodged. First, bail was
granted by Justice Griffiths, whose decision was made on the advice of his daughter, 'a young blonde in a
denim jacket and jeans'. The appeal before the Lord Chief Justice succeeded after he was persuaded that Oz
paled in comparison, in terms of obscenity, with numerous other publications freely available.
Although Oz died from an 'overdose of publicity', Robertson makes the telling point that the usual ironic effect
of obscenity trials is to heighten public interest in the book or artwork examined.
The principal representation of truth in 'The Trials of Oz' is Robertson's detailed presentation of the initial
courtroom battle, including lengthy
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The Methods and Techniques of Judge Dee from Celebrated...
Judge Dee is a magistrate for the Chinese Province of Ching–Ping and he used many methods and techniques
to solve his cases. He also had significant influence on the society. Judge Dee mainly utilized two methods to
solve his cases, and they were using disguises and torture. He first used disguises in the case "The Double
Murder at Dawn" to try to find any suspicious man or women that might look like he or she has been in a
conflict instead; he finds the beginnings of the second case "The Strange Corpse." This is always a simple way
to get information because if he appeared as a magistrate, people will be unwilling to dispense the information
needed. So if he dresses up like a doctor like he did at the beginning, people would be willing to ... Show more
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Judge Dee was considered the "Father and Mother Official." Magistrates function as a judge, jury, prosecutor,
and detective. He was the highest power in his district and was in charge of many things. He was in charge of
the town, land administration, the tribunal, the bureau for the collection of taxes, the register office, and the
public order in the district. Magistrates had to have great moral strength, intellectual power, and refined literati
also trained on Chinese letter and arts. Without any of these skills, the magistrate would have failed his job. He
would have barely gained any support since these skills were signs of a good leader. The Magistrates were
almost miniature monarchs of their own lands. Even though whatever they say is not law, they are able to
convict and torture people until they listen. Judge Dee took everything under his control form the detective
work to sentences. He used lieutenants and constables to help out, but most work was done single–handedly.
No one else I the district has more power than him. A few magistrates in the book even had their own private
army for example; the magistrate in Turnip Pass had a garrison to protect the area from criminals. Magistrates
are supposed to be truth–seeking men. Judge Dee is obviously truth seeking because he tries to see why the
husband died in "The Strange Corpse" even though no one filed a complaint, he did this for righteousness,
which is looked for in
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Essay about Aspects of Probation
There are times when almost everyone wonders exactly what the purpose of probation is, what kinds of
conditions can be imposed if someone is put on probation, and what roles the probation officer and the court
systems play in the scheme of things. If you know someone that is on probation it may not hurt to know a little
bit about the way it works and that is exactly what we will be talking about here.
Probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge.
Probation is the conditional release of an individual by the court after he has been found guilty of the crime
charged. In the case of probation then, the individual has not been sentenced to prison, although he may, in fact,
have ... Show more content on Helpwriting.net ...
The crime for which the person was arrested isn't dramatized and used as a reason for disrupting the rhythm of
his life.
The number of conditions that a judge can impose upon a person on probation is amazing and there are some
that make some of us wonder how they can actually make a person live a life that is not theirs. There are many
conditions of probation that a judge or a probation officer can impose upon the probationer. Some of the
conditions that can be imposed include: supporting his dependents and meeting any other family needs, paying
a fine or making restitution to the victim of the crime that was committed, keeping a job if they have a suitable
one and if not training for or getting one that is suitable.
There are some conditions that are imposed because of the offense that the probationer was found guilty of, for
instance, refrain from engaging in a specific occupation, business, or profession bearing a reasonably direct
relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or
profession only to a stated degree or under stated circumstances; refrain from frequenting specified kinds of
places or from associating unnecessarily with specified persons.
In a lot of cases conditions imposed include refraining from the excessive use of alcohol, or use of any narcotic
drug or other controlled substance without a prescription from a licensed
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Hamilton County Judges Case
CASE PROBLEM: HAMILTON COUNTY JUDGES Hamilton County Judges try thousands of cases per year.
In an overwhelming majority of the cases disposed, the verdict stands as rendered. However, some cases are
appealed, and of those appealed, some of the cases are reversed. Kristen DelGuzzi of the Cincinnati Enquirer
conducted a study of cases handled by Hamilton County Judges over a three–year period ( Cincinnati Enquirer,
January 11, 1998 ). Shown in Table 2.5 are the results for 182,908 cases handled (disposed) by 38 Judges in
Common Pleas Court, Domestic relations Court, and Municipal Court. Two of the judges (Dinkelacker and
Hogan) did not serve in the same court for the entire three–year period. The purpose of the newspaper's study
was to ... Show more content on Helpwriting.net ...
1. Based on the data provided in the Hamilton County Judge case study the actual probability of cases being
appealed or appealed and reversed are as follows. a. Common Pleas Court disposed 43, 945 total cases and had
the following probability of either being appealed or appealed and reversed. i. Total cases appealed were 1,762
or 4.01% ii. Total cases that were appealed that resulted in a reversal was 11.29% b. Domestic Relations Court
disposed 30,499 total cases and had the following probability of either being appealed or appealed and
reversed. iii. Total cases appealed were 106 or .35% iv. Total cases that were appealed that resulted in a reversal
was 16.04% c. Municipal Court disposed 108,464 total cases and had the following probability of either being
appealed or appealed and reversed. v. Total cases appealed were 500 or .46% vi. Total cases that were appealed
that resulted in a reversal was 20.80% d. All Courts combined disposed 182,908 total cases and had the
following probabilityof either being appealed or appealed and reversed. vii. Total cases appealed were 2368 or
1.29% viii. Total cases that were appealed that resulted in a reversal was 13.51%
5|C AS E STU D Y – HA MI LTON C OUN TY JUD G ES
2. Based on the data provided in the Hamilton County Judge case study the actual probability of cases by
judge being appealed are as follows. COMMON PLEAS COURT: JUDGE Fred Cartolano Thomas Crush
Patrick Dinkelacker Timothy Hogan Robert
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Sentencing Courts Have Given Enhanced Credit For Time...
Facts
In the past, sentencing courts have given enhanced credit for time–spent in pre–custody, which is usually at a
rate of two days for every day of detention, however, "enhanced credit is not available if the person was denied
bail primarily because of a prior conviction" (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII)). In November
2010, Hamidreza Safarzadeh–Markhali "was arrested and charged with several offences" (R. v.
Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4). The bail judge made an endorsement for Mr. Safarzadeh–
Markhali on the basis of his criminal record, and therefore this made him unentitled to receive enhanced credit
for the pre–custody that would come after (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4);
however, this was seen as unconstitutional to the trail judge who concluded by crediting Mr.Safar–Markhali
with enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 5).
Procedural History At the bail hearing, the bail judge rejected Mr. Safarzadeh–Markhali's argument of not
making an endorsement and established that the endorsement was necessary, which in turn made Mr.
Safarzadeh–Markhali ineligible for enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par.
4). Then at the Ontario Court of Justice, the trial judge concluded that the restrictions on enhanced credit in s.
719(3.1) of the Criminal Code are unconstitutional, and credited Mr. Safarzadeh–Markhali with 31 months of
pre–sentence custody (R. v.
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Court Report
LAWS1021: Court research report The basic division in the structure of criminal courts is between the lower
criminal courts – the local courts, Children's court and Coroner's court – and the higher criminal courts – the
District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over
a period of three days a number of aspects of the criminal justice system were made apparent. The
administration, processes and practices of the criminal trial are extremely varied dependent upon the level of
criminal court being observed. The distinctions between the workings of the two courts revealed a number of
the differences between summary proceedings and trial upon indictment. The cases observed served to ... Show
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Other cases that were observed through court visits further emphasised the nature of the judicial process in the
Local Courts. The summary proceedings served in a number of cases to emphasise the triviality of the process.
Cases involving minor offences such as traffic offences and petty theft were particularly trivial however other
cases such as domestic violence and minor assault charges were not so inconsequential. They were of particular
importance to the parties involved and it is thus important not to overgeneralise the process of the lower courts
to being mere triviality. Whilst in the local courts there was an emphasis on speed and efficiency, this did not
automatically mean that strict legality was disregarded. The importance placed on evidence and onus on the
prosecutors in providing proof upheld important elements of the criminal justice system. Higher criminal court
– Ideology of Justice On observing the District Court a number of distinctions from the Local Courts were
immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to
fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with
more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly
uphold the ideology of justice. It is interesting to note how appearances can automatically provide an
impression that justice will be upheld. The
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Domestic Violent Relationship : An Ongoing Dispute Arising...
INTRODUCTION I have experienced an ongoing dispute arising out of a previous
Domestic Violent relationship, with an ex husband (JP) within the last 12 months. Finding myself in court with
him repeatedly over conflict that he has caused surrounding his child support arrearage that he refuses to pay.
His efforts were to try and turn the situation around on me to get out of paying what he owes. My lawyer has
been met with expert witnesses that testified on my behalf of his lies. I've sought the judge for relief and have
had to make my case on numerous occasions in the last year. I finally was heard and the judge believes my
side. We have one final court proceeding in August. The power JP seemed to have in the beginning was that he
... Show more content on Helpwriting.net ...
Another consequence is the state is also taking half of his paycheck now. All of this is worthy of analysis to try
and help the court system to see how these men operate. Knowledge is power and I believe the court system
has proven itself broken in my situation many times now and that I had to be proactive to persuade the right
people. My reader can gain an education on what behaviors can lead to frustration and how to better prepare for
them. We at one point had to go to mediation and I knew going into it that the other side would not budge in
any of my wants regardless of what they were. Such as, the one thing I asked for was for our daughter to be
able to be in the Westernairs horse club. I ended up being a complete breakdown in the mediation working for
either side. When
I hired my lawyer he was initially a neutral party to the conflict one finds them selves walking up hill in the
beginning until your word can be taken at face value. It took several months of him watching the breakdown in
communication all on the other side for there to be trust built in my case. After having tried to be amicable on
several occasions to try and get to a win–win solution I finally persuaded my lawyer that we were dealing with
someone completely unreasonable. When trying to persuade a judge it takes a tactic of truth that you can prove
and negotiating what the law states is accurate as a solution.
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• Messa (P) V. Sullivan & Keyman’s Club (D, a) Essay
Title
Messa (P) v. Sullivan & Keyman's club (D, A)
Citation: what court or reporters
Court: Appellate Ct of IL, First District, First Division
Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872
Author: judge
Judge Burman
Facts:
P suffered injury at the Keyman's Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber
shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is
residence for Sullivans and no other use on the 5th fl. The D's apt has safe, furniture, personal property, 3–year
old German Shepherd for safe–keeping of the club's property in the apt.
There are signs on the exterior and on a bldg directory in the lobby.
No ... Show more content on Helpwriting.net ...
P missed to see the sign as the door was heavy and couldn't see the sign.
P's exhibit: pictures of the wounds: right side leg and right arm (left holes) and couldn't sleep for two weeks.
D's statement: P did not look at the directory, the sign is big and height is right for the P to notice (thirty inch
high sign warning of the presence of vicious dogs was posted on this manually operated door so that the bottom
of the sign was about three and one–half to four feet from the floor.)
D admitted that no sign in the elevator itself regarding vicious dogs and that the manually operated elevator
door on the fifth floor could be locked by a key, but that it was unlocked on the day of the occurrence.
Procedural history (summary of case movement, e.g. courts procedure and result)
P (Betty Messa) brought this action against D (James Sullivan, Helen Sullivan and the Keyman's Club) to
recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog.
The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and,
second, an action based on what is commonly known as the "Dog Bite Statute" (Ill. Rev Stats 1963, c 8, § 12d).
The trial court held for the defendants because he found that the plaintiff was contributorily negligent. No
appeal has been taken from the judgment entered on that issue. [No opinion issued from this court]
On the statutory count, however,
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Nonconformity and Its Effects
A nonconformist refers to a person who cannot abide by the established rules and values of society. Because he
has a different set of standards, he perceives the world in a unique manner and consequently fails to accept the
general population's point of view. He is the one who walks the path most would be unwilling to take. One such
individual is Meursault, the nonconforming protagonist in Albert Camus's The Stranger. In this critically
acclaimed novel, Camus carefully develops Meursault's nonconformist character and explains how that
personality causes a series of events that ultimately ends in Meursault's death. Meursault's emotionless
behaviors clearly reveal his nonconformity to society. For example, Meursault could never express any ... Show
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Rather, Meursault chooses not to dwell on the matter because the death would not essentially cause any
difference in his ongoing life. Furthermore, Meursault's lack of repentance after murdering a man solidifies the
fact that he is a significant nonconformist. For instance, during the questioning for his action, he "didn't take...
[the examining magistrate] seriously" and "it all seemed like a game" to him (63–64). Also, he "was even going
to shake his hand" on his way out (64). The values of society state that a criminal should feel at least some
regret over his crimes. Thus, most would agree that the arrested should feel some fear and guilt simply from
facing the justice system. However, through his actions and attitude, he just ignores all of the generally
accepted rules. Not only he lacks the emotion of remorse, he rather enjoys the time. Meursault's indifference to
the death of his mother and the arrest demonstrates his inability to conform to society's norms. Due to his
unacceptable nonconformist actions, Meursault invites distrust and coldness from the French judicial system,
which symbolizes society as a whole, during his trial. For example, during the trial, the prosecutor catches on
all the little details of Meursault's atypical personality and utilizes them to raise Meursault's punishment. He
first accuses Meursault of cruelty by exclaiming "a stranger may offer a cup of coffee, but that beside the body
of the one who brought him into the world, a son
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House Of The Seven Gables: Judge Pyncheon
Clifford Pyncheon, although he is absent for majority of the first part if the story, becomes a fairly large and
mysterious aspect in the novel The House of The Seven Gables by Nathaniel Hawthorne. Clifford is an almost
child–like character who is carefully watched over by his sister, Hepzibah, and needs constant attention. 30
years prior to the reader seeing Clifford arrive back at the Pyncheon house, Clifford was sent to prison by his
cousin, Judge Pyncheon after being accused of murder. Because of this immense amount of time spent in
prison, he left the facility a changed man. Hepzibah carries around a small portrait of Clifford before he went to
prison in which a delicate young man can be seen. Upon return from prison you can see a much "coarser
expression" about him (Hawthorne 96). ... Show more content on Helpwriting.net ...
Everything from flowers to his cousin, Phoebe, makes Clifford feel safe and happy. These pretty things remind
him of what life could have been like without prison, nevertheless the narrator hints that if Clifford did not go
to prison, he may have "eaten out or filed away his affections" (Hawthorne 101). While Clifford suffered
greatly in prison it also served as time away from situations that would have caused to become a shallow and
materialistic person. Judge Pyncheon, however, possesses both of these qualities and puts great fear into the
heart of Clifford everytime that he is around. The Judge's death is a weight off of Clifford's shoulders and
causes him to feel "free" upon knowledge of the death (Hawthorne 237). He gains a feeling of "immense
happiness" and drags Hepzibah out of the house, onto a train, and away from the city (Hawthorne 271). This
enthusiasm is short lived, and he and Hepzibah have to go back to their dark and somber home. When they
arrive, they are met with the lovely surprise of seeing Phoebe Pyncheon when they walk in the
... Get more on HelpWriting.net ...
Cja 394 Court Managment Executive Summary Essay
Court Management Executive Summary
Learning Team HERE
Contemporary Issues and Futures in Criminal Justice/CJA 394
May 28, 2013
Amanda Behl
Overview
The American court system is quite daunting and complicated. Consequently, the assistance previous available
is no longer accessible resulting from budgetary issues. Therefore, strategic planning goals and management
skills are essential to providing an efficient and smooth operating judicial system. Moreover, public education,
access to the legal system, access to public court documents, effective management, and retention of court
records are essential to successful court management. Furthermore, court managements resorted to
consolidation and restructuring options to improve the ... Show more content on Helpwriting.net ...
Improve jury responses to jury duty summons through active promotion and enhancement of jury system to
achieve jury responses. Increase the use of technology to facilitate faster processing of cases, improve
document management, document preservation by reducing paper documents, and maintain compliance with
statutory document retention regulations. Increase electronic access and viewing of public court records,
implement electronic filing of civil and criminal cases, and protect confidential data. Furthermore, the
implementation of a restraining order database will improve efficiency and accuracy in identifying violations.
Additionally, electronic dispensing of information in various key languages will assist in educating non–
English speakers' awareness of the American judicial system. Improve case management system to identify
cases filed under multiple overlapping jurisdictions to avoid conflicting court order, duplicative services,
ineffective use of judicial resources, and easy identification of duplicative jurisdictional cases for consolidation.
Ensure the continuing education programs for judges, court personnel, and staffs to enhance and improve
professional development, recognition, and sensitivity to non–English speakers.
Court consolidation and restructuring affecting future court processes and responsibilities
The current
... Get more on HelpWriting.net ...
Judge Pyncheon Essay
The elderly are known to be wise, and the young are known to be restless. When the young are restless "even
now, the inevitable force of circumstances should occasionally make you do one questionable deed..." In
Nathaniel Hawthorne's novel The House of Seven Gables, the character of Judge Pyncheon is revealed through
the description of his life both his past and present. The narrator makes fun of the Judge's life in order to
convey a new message of society's high value on public opinion. The selection can be divided into sections.
First being that the narrator knows that Judge Pyncheon has a secret and is hiding something. Secondly, the
narrator gives a description of everything good and contrasts that to his superficiality, and the unveiling ...
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He supports him by clarifying if his "one questionable deed, among a thousand praiseworthy, or, at least,
blameless ones" would characterize the Judge too bee seen as evil. However, the narrator's main point is plainly
stated in the last few sentences. Judge Pyncheon's problem is not that he abandoned his son, or that he dress
very nicely but, that he never looks inwardly, "and resolutely taking the idea of himself from what purports to
be his image". According to the narrator looking within yourself and taking care of yourself emotionally is
above all more important than the thousands of good deeds you could do. For The Judge when he looks into the
mirror he sees a reflection the reverse of what he is the public's opinion. This opinion and image he has built up
forces him to lose sight on his self–knowledge. The only way for Judge Pyncheon to truly find himself is
through loss of property and reputation. In the public's perception, the Judge is a model of austerity and
morality. He does many good works and plays many key roles in his community that he is a praiseworthy
character. As the narrator reveals more about Judge Pyncheon through sarcasm and long descriptions is the trait
of his "evil" character
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Essay on Courtroom Procedures and the Role of the Prosecution
During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place
to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one
author, "Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime
everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to
review those decisions (law–article.net)." Courtroom procedures are important because, without them,
defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials
that must be followed to ensure that all parties have an equal opportunity to present their ... Show more content
on Helpwriting.net ...
Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre–trial proceedings
vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail
time or a fine, the pre–trial procedures are short and simple. Usually, the defendant is called to a pre–trial
hearing where they are read the charges pressed against them and are asked to give either their plea of guilty
and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest
(American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the
procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a
plea is not given. This is done at the second preliminary hearing to determine if there is actually enough
evidence to charge the defendant with a crime. If there isn't enough, the charges are dropped, but if there is, the
case moves along in the process (American Bar Association). Also prior to the trial, a jury of 6 to 12 people
must be selected. Each jury member must go through a screening process to ensure that they have no
connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either
side. A juror can be removed if they have any connection to the trial, and the defense
... Get more on HelpWriting.net ...
Essay on Anna Marie Hahn
Vallen Alleyne
Mr. Beese
Business Law I
February 10, 2015
Women on Death Row: Anna Hahn
Anna Marie Hahn, also known as "Arsenic Anna" was born on July 7, 1906 in Bavaria, Germany. She moved
to America–Cincinnati, Ohio to be exact–in 1929 at the age of 23. Her first marriage was to a doctor from
Vienna, whom she had a son with named Oskar. Her husband died shortly after arriving into the United States.
She decided to stay with her aunt and uncle in the Cincinnati German District, where she can start fresh on a
new path. She met her 2nd husband, Philip Hahn, a telegraph operator, at a community dance at the Hotel
Alms. Desperately wanting to leave his job, the Hahn's decided to open up two delicatessens, and they received
the ownership to ... Show more content on Helpwriting.net ...
It turns out that Anna approached Wagner, saying that she was his long lost niece, when he knew for a fact that
he had no living relatives but decided soon decided to let her help him with things around the house. Neighbors
of Wagner claimed to have spent several hours in Wagner's apartment after his death. Moving onto the next
victim, Anna befriended Olive Luella Koehler, an elderly lady who lived in the same apartment building as
Wagner. Investigators learned that Anna became friends with her, which included her bring her ice cream cone
treats. After consuming one of the treats, Mrs. Koehler had to be admitted to the hospital. It is not surely known
if the ice cream had anything to do with her becoming sick, but oddly while she was in the hospital, some of
her valuables had been stolen from her residence. As the case is coming along, the investigators suspect Anna
that she is poisoning her elderly patients to steal their money and valuables. In the year of 1937, right before
Anna was to take a trip to Colorado, another mysterious death had presented. 67–year–old George Gsellman
died in his room, suspiciously right after his last visit with Anna. Investigators jumped to the case quickly,
taking the opportunity to do a full autopsy to find out the reason of death. Metallic poison was found in his
body, croton oil, which was a home remedy back then. It is not
... Get more on HelpWriting.net ...
Judge Pyncheon Analysis
In a passage from Nathaniel Hawthorne's novel The House of the Seven Gables, he reveals the complex
character that is Judge Pyncheon. Hawthorne suggests that the virtuous appearance Judge Pyncheon exhibits
covers the immoral reality that lies behind his lies. Hawthorne leads the reader to speculate on Judge
Pyncheon's questionable character through his skeptical tone and syntax. Hawthorne conveys a speculative, yet
suspicious tone as he questions the morality of Judge Pyncheon's actions. The author tells the reader of the
"splendid rubbish in [Judge Pyncheon's] life" that covers up his secrets. The term "splendid rubbish" paints the
reader a picture of rubbish that has been masked to look a certain way, but eventually the true nature of the ...
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To begin the passage Hawthorne engages the reader by using an exclamatory sentence fragment followed by a
cumulative sentence. The exclamatory fragment alludes to elsewhere in the novel by giving the reader a "train
of remark" without a reference to what "it" actually is. The vague fragment piques the reader's interests with
the hope that they will find the missing subject while they read the long cumulative sentence. In the cumulative
sentence Hawthorne makes a claim, but slowly loses direction as the it continues. By using parallel structure in
his writing of Judge Pyncheon's "faithfulness of his public service... devotedness to his party... remarkable zeal
as president of a Bible society... benefits to horticulture" Hawthorne showcases his alluring writing just as
Judge Pyncheon allures people with all his notable actions. However, later in the sentence Hawthorne strays
away from the appealing parallel structure as he describes Judge Pyncheon's actions as "a lifting of the hat, a
nod, or a motion of the hand." The author makes his final point that there is no room for dark traits "in a
portrait made up of lineaments like these." This action is similar to Judge Pyncheon's character; it appears
genuine and straight forward, but Hawthorne observes that Pyncheon "was conscious of, [his actions] in the
progress of every day" life. The different responsibilities that Hawthorne shares
... Get more on HelpWriting.net ...
Celia, a Slave Essay
Celia, a Slave is the epitome of the relationship between slaves and their owners and also the slaves and other
whites in the 1850's. This is based on her interactions with her owner Robert Newsom and her reactions mainly
with the community involved in her court case. These relationships affected more so the women slaves rather
than the men slaves because of their weaker nature as perceived by the sexual differences of the time period
between men and women in general. Slavery is questioned by the morals of the Northerners and some
Southerners though it is common in the South so most Southerners reinforce the ideas of slavery with their own
morals, believing slaves as meaningless because of their difference. Celia was bought by Robert ... Show more
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Though her story was that of defense from her master: she had acted alone, struck her master to stop his
advances, and had not intentionally killed him, Missouri's pre–Civil War court system was unable to protect her
claims because she was a slave and they were unwilling to change their beliefs about slaves and how they
should be viewed and treated in society. (as proved previously in the case Dred Scott vs. Sandford.) These were
the most frequent reactions of the Southerners; however a man named John Jameson took her side and
defended her and her actions toward Robert Newsom as acts of defense against his advances, and claimed she
had the right, by law, to use deadly force to protect herself against rape, regardless of her previous sexual
relations with him. Though, because of the southerners' hate of the slaves and their desire to treat them as
inferiors, they did not deliver the evidence necessary to acquit her for her "crime." Having lost the trial, Celia's
attorneys filed a motion to request a new trial on October 11th. However, Judge Hall denied the motion on
October 13th and Celia was sentenced to be hung on November 16th. She was given this time before being
executed to birth her child, as law stated that pregnant women could not be executed. This shows that there is a
bit of equality between women when dealing with court systems at this time,
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How To Judge Pyncheon Family
In Nathaniel Hawthorne's The House of Seven Gables, the unfortunate life and history behind the once–
wealthy and cursed Pyncheon family is exploited. Due to selfishness and greed over a plot of land to build what
is known as the House of Seven Gables, bad blood came about between the Pyncheon family and the Maule
family. The novel picks up over a century after the murder of the man who stole the plot of land from the
Maule family, Colonel Pyncheon. The main character, Hepzibah Pyncheon, lives alone in the House of Seven
Gables while her brother, Clifford, is in jail for the framed murder of their uncle. Jaffrey Pyncheon, their
cousin, is the wealthy yet greedy judge that accused and framed Clifford for this murder. Regardless of the
negative reputation that sits with the Pyncheon family, characters such as Clifford, Hepzibah and Phoebe all act
as silver lining to this preconceived negativity; this emphasizes that society must understand that individuals
have the power to shape their own destiny rather than to simply accepting a predetermined fate. ... Show more
content on Helpwriting.net ...
Innocent and confused, Clifford begs to be left alone yet Judge Pyncheon continues to threaten him. The
contrast between Clifford's innocence and Judge Pyncheon's greedy actions goes to show that a "curse" or a
negative family history has no direct effect on an individual. Although Judge Pyncheon is carrying on the trend
of a tainted family name through his selfishness, the reality is that Clifford's innocence goes to show that
individuals have the power to the direction of their
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Essay on law: leaving behind the inquisitorial system
Leaving behind the Inquisitorial System
29/11/2012
In the modern world, competition is the bond that holds society together. Every person can relate to it whether
that competition is within a sport, video game, or a court hearing. The Canadian legal structure operates on the
adversarial system. Neil Brooks defines an adversarial system as one in "which the parties and not the judge
have the primary responsibility for defining the issues in dispute and for carrying the dispute forward through
the system" (Brooks, The judge and the Adversary system.p.341–353). Within the adversarial system the judge
has less of a role. He's passive due to his lack of participation in the fact–finding. Its opposing system is the ...
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The second aspect of party–autonomy is that the parties have the responsibility for defining their dispute
(Brooks, The judge and the Adversary system.p.341–353). The judge will not insist an anterior dispute that
might further the case. For instance, if the offender is charged with recklessness, but he should be charged for
manslaughter then the judge will not insist the victim change the dispute. Party–autonomy reflects the laissez–
faire philosophy, in a sense which it is free from government control. The second branch is party–prosecution.
Within this premise the parties are able to choose the manner they wish to present their case (Brooks, The judge
and the Adversary system.p.341–353). There are two big assumptions associated with party–prosecution.
Firstly, the legitimacy with adjudication is enhanced if it's used within the adversarial system, and secondly, the
more accurate fact–finding would take place since the parties would be operating on motivation (Brooks, The
judge and the Adversary system.p.341–353). Both principles are legitimate because it's in line with the liberal
idea that every individual should be left alone to operate on his own accord (Brooks, The judge and the
Adversary system.p.341–353). The inquisitorial system differs from adversarial in 5 different ways.
The
... Get more on HelpWriting.net ...
Masciantonio Case Note and Critique Essay
Case Note & CritiqueMasciantonio v The Queen (1995) 183 CLR 58
Case Note
Appellant: Mr. Giovanni MasciantonioRespondent: The Queen
Court & Year: High Court of Australia 1994 – 1995
Relevant Facts: Appeal from the Supreme Court of Victoria.
19 June 1991 Giovanni Masciantonio had a heated altercation with his son–in–law Maurizio Femia.
Altercation resulted in Mr. Femia's life.
Fatal wound being a severed aorta (known as wound 5).
Giovanni Masciantonio was convicted of murder in the Supreme Court of Victoria.
O'Bryan J trial judge.
The defence argued provocation.
An appeal was put before the Court of Criminal Appeal Victoria.
Reason for the appeal was that the judge had failed to mention provocation to the jury ... Show more content on
Helpwriting.net ...
Brennan, Deane, Dawson and Gaudron JJ concluded that the appeal should be allowed and a retrial ordered.
Issues: Whether an ordinary person could have regained the self–control in the time between the first and
second stage events?
Why did the trial judge not direct the jury to the option of provocation as a defence from the jury's
consideration during the second stage of the event?
Was there a miscarriage of justice?
Decision: Appeal Allowed
Retrial Ordered.
Ratio: The trial judge inadvertently or not, effectively withdrew from the jury's consideration the issue of
provocation at the second stage of events and since the appellant's loss of self–control may have continued to
that stage, there cannot be said to be no miscarriage of justice.
Obiter: That a reasonable jury could conclude the appellant was acting under provocation. Upon the evidence it
was open to a jury, properly directed as to the law, to reach that conclusion.
Majority Judgments Brennan J
Deane J
Dawson J
Gaudron J
Minority Judgments McHugh J
Critique
The case of Masciantonio v The Queen (1995) 183 CLR 58 ('Masciantonio') is a High Court of Australia
decision from 1995 that deals with jury direction and provocation and whether the original trial judge caused a
miscarriage of justice when he 'inadvertently or not, effectively withdrew from the jury's consideration the
issue of provocation' or whether 'provocation ought not to have been left to the jury at all.'
Another issue
... Get more on HelpWriting.net ...
Special Treatment for Celebrities: The Law Should Apply to...
Ever picked up a newspaper and read about a celebrity drive while being drunk, then they get pulled over are
accused of being offensive to the arresting officer and other people. then several weeks later you hear about this
same person being only charged with a minor offense when you remember it was a DUI (driving under the
influence). Why does the law help these celebrities. Being a celebrity exposes them to the public, and many
celebrities take advantage of this in many ways. from endorsing sportswear to sunglasses, sometimes you even
see them supporting politicians. Regardless of their interest this is important because they are trusted by their
fans and are believed to be a person with morals and integrity. Sometimes you can turn on ... Show more
content on Helpwriting.net ...
After the officer finishes and declares that you are driving under the influence you are charged with DUI and
placed under arrest. A DUI arrest can lead up to at least 6 months in county jail, $500 to $1000 dollars fine, 12
months of probation, vehicle impound and license revocation from 6 months up to a year. and sentencing gets
tougher if there is a minor in the vehicle with you(Tager Law Firm) . Now what do you think happens when a
celebrity is charged with DUI, same laws should apply but the truth is it does not. Many have been the cases
that involves a celebrity in a DUI and they get away with ridiculous reasons, such as Khloe Kardashian served
less than three hours of her 30 day sentence for overcrowding reasons. I am well aware of the overcrowded jail
problem, but I refuse to believe that she was next in line to be released(people.com). Not only some of these
celebrities receive lesser sentences some also act like they are above the law. Not showing up to court is
punishable by law and yet you can see them missing them all the time. why is this not enforced, what is the
message our justice system. enough people think that this justice system is a joke, and sometimes it really
seems like one. Makes one if all it takes is an autograph and a picture to get off the hook. thing like that angers
the American population
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Important Characters in “Abina and the Important Men” by...
Do you think besides literature have another ways to display history? Can historians show you the picture
about the historic event instead of imagining them by yourselves? "Abina and the Important Men" is a graphic
history book, so the authors not only gives readers literal record but also give images to illustrate the history.
The story happened in west Africa in 1876. In story includes phenomenon of the society, and certain African
cultures. Abina Mansah, Quamina Eddoo and William Meltonare most important characters in the story
because they represent different hierarchies in the society and display different condition in these hierarchies.
Abina is a main character in the story. She reflects most African girls living in a low social status. The first
reason that she is a very important character in the story is she escaped from her master to find help. In that
period, British issued a law that slaves are repealed. Because British controlled West Africa, the citizens needed
to comply with the law. However, Abina was sold to Quamina Eddoo by her older master even though she did
not see money transactions. When her new master compelled her to marry his servant, she escaped and find
James Davis. She was a bright girl. She understood what the law was, so she did not surrender her master
instead of found help. Even though she was in the lowest social status, she still ran for her right. Secondly, she
prosecuted her master in a British court. Taking master to court was an
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The Work of the Magistrates Court and Magistrates Essays
The Work of the Magistrates Court and Magistrates
In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and
the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed
"keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of
the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid
magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th
century, when it was decided they must be barristers.
Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ...
There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and
communication, sound judgement and commitment, maturity and sound temperament, social awareness and
reliability. They must also possess a good character and personal integrity.
Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If
an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable
amount of time off work, to undertake the duties of a magistrate.
Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they will receive
training before and after their appointment. Also a court clerk always sits with the bench to advise them on
relevant aspects of the law.
Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the bench'. One
of these magistrates is called the chair and will always speak for the bench. The magistrates will hear issues on
fact and law and then decide the final verdict and sentence.
A magistrate must live in the local area of the court they would like to be considered
... Get more on HelpWriting.net ...
Is there truly any justice in the novel The Stranger,...
Is there truly any justice in the novel The Stranger, written by Albert
Camus?
Is there truly any justice in the novel The Stranger, written by
Albert Camus? This is a question that naturally protrudes throughout the novel, as it is not abundantly clear
what Meursault, the protagonist, was, in fact, put on trial for. At the beginning of the second part of the
narrative, it is understood that he is put on trial for the murder of an Arab; however, it later comes to our
attention that the murder was not the primary reason of his trial, and perhaps not even an essential one for that
matter. The fact remains that
Meursault was undoubtedly put on trial, not for the murder committed, but for being the way he was:
unemotional through ... Show more content on Helpwriting.net ...
The answer is simple: it does not relate to the murder of the
Arab. Being the representative of society, the jury opposes Meursault and accuses him of not conforming to
society's natural ways, and being what we nowadays refer to as the "odd one out". They exclude him from
society for his odd clear–cut and sincere demeanor, and for his manifestation of an inexpressive character.
Another example is the moment in which the magistrate, a local member of the judiciary having limited
jurisdiction, especially in criminal cases, questioned Meursault. In this particular scene, the magistrate changes
the topic rather abruptly from his love for Maman, to which he responded he loved "the same as anyone"(p.
67), to the murder scene.
What followed was a vast discussion on Meursault's belief in God, which he felt rather apathetic about;
however, the magistrate, waving a crucifix to his face refers to him as the "antichrist" (p. 71). And later, during
the trial, the judge and the prosecuting attorney seem more intrigued by the fact that Meursault did not grieve at
his mother's funeral and got involved with Marie the day after it, than the actual act that had been committed:
the assassination of a man.
The majority of the witnesses that had been called only supported the argument of his callous nature, as they
very well knew that Meursault was frighteningly candid, and could not, or would not, create a
... Get more on HelpWriting.net ...
Essay on Distinguishing Features of the Major Court Systems
Distinguishing Features of the Major Court Systems Katie Van Alstine University of Phoenix Distinguishing
Features of the Major Court Systems There are two kinds of courts in the United Stated – state courts and
federal courts. Each one possesses their own distinguishing features. We will look at the key players at each
level as well as jurisdictional rules, interpretation issues as well as the effect of evolving technology on court
proceedings at each level. State courts are established by each individual state and within the state there being
local courts that are established by cities, counties, and other municipalities. Federal courts, however, are
established under the US Constitution and their main focus is to decide ... Show more content on
Helpwriting.net ...
Federal courts are limited to the types of cases that are listed in the Constitution and specifically provided for
by the Congress. The types of cases mentioned above that are not permitted in the state courts are therefore
tried in the federal courts. The defendant in the Commonwealth vs Huguely case was from the state of
Maryland but the crime of Murder in the 2nd degree was actually committed in Charlottesville, Virginia,
therefore the jurisdiction for prosecution lies with the Charlottesville County Circuit Court. George Huguely V
was originally charged with murder in the first degree which he was acquitted of but later found to be guilty of
murder in the 2nd degree and grand larceny. State courts handle a much larger volume of cases and have more
contact with the public than the federal courts do. While federal courts do hear a much smaller number of
cases, the cases they do hear tend to be of national importance. John G. Roberts, Jr. is currently the Chief
Justice of the United Stated Supreme Court. In addition to Hon. Roberts, there are also Associate Justices,
which may be a set number of individuals fixed by Congress. Currently that fixed number is eight Associate
Justices. The power to nominate these individuals lies with the President of the United Stated and the
appointment is made with
... Get more on HelpWriting.net ...
Presidents' Power to Persuade Essay
Presidents' Power to Persuade The president of the United States of America is seen around the world to be the
most powerful man on Earth. However, many believe that his only real power is the power to persuade. The
checks and balances of congress and the Supreme Court over the president are great, and without their support
he has relatively little power. A president cannot get any legislation passed if he does not have the support of
the senate and or the house of representatives. If a president wanted the US to sign a new treaty, the senate
would have to ratify it with a 2/3 majority. If a president wanted new legislation, he must submit it to congress
and persuade both houses to vote for it. The ... Show more content on Helpwriting.net ...
The president also has the power to appoint judges at district, appeal and Supreme Court levels. This is argued
as an important power, but it has its limits. After the nomination to the supreme court which is the most
superior of all courts, has been made, then the senate begins it's confirmation process. If the senate does not
reach a simple majority, as seen with Bork for example in 1987. With this in mind, the president's power comes
down to one thing: persuasion. This may be done in a variety of ways. The most sucessful way is to telephone
individual congressman and try and pursuade them that way. President Raegan was extremely good at this.
Another way is helping with legislation, i.e passing one piece of legislation and not vetoing it if congress
passes his legislation. A simple trade. However, in actual fact the president has much more than the power to
persuade. He has many options in a lot of areas, though one of them is persuasion, and is the main power under
the circumstances of late Clinton for example, the others play a major part if a president has control of the
senate and or the house of representatives. The most important power a president has is the power to appoint
Supreme Court judges. This gives a president the chance to have their image in place for a long period of time,
after they are
... Get more on HelpWriting.net ...
court analysis Essay
Introduction The following assertion intends to provide an in–depth insight into my personal experience
observing a trial in the Supreme Court of Victoria. This paper will outline a selection of many pressing issues
noticed throughout my observation, more specifically those regarding the law and language in legal arenas
along with symbolic and architectural traditions that reinforce prejudice towards those from a low socio–
economic background and ethnic minority groups. Furthermore, it will argue how symbolism, architecture and
practices within a court are in place to create a power dynamic and reinforce the courts British–'western'
sovereignty and royal–like wealth which in turn intimidates members of the community especially from ...
Show more content on Helpwriting.net ...
The two most notable observations I made on my visit to the court were; Firstly, The traditional architecture
and British symbolism which reinforced a segregation and exclusion of certain racial groups and economically
disadvantaged individuals. And secondly, The technical legal language used within the trial and its
consequences of exclusion for those who are uneducated, ethnic, from a low socio–economic background or
those who are not legal professionals. pose these questions; How can a multi cultural society relate to, and have
faith in, a legal system that has inbuilt prejudice stemming from a strong British–monarchical origin, and how
can its laws enforce the illegality of racism?; Why would a system insist on truth transparency when it has
created a loop hole to its own rules, by making their public conversations private through the creation of legal
language? British Symbolism reinforcing Racism Ubiquitous throughout all court rooms and hoisted above the
very entrance to the court was a symbol that intrigued me. It was a bold royal logo that I soon learned was the
'Royal Arms'. This pictorial symbol has been modified many times over nine centuries until Queen Victoria
adopted a simplified version of the Royal Arms which are still in use today(Supreme Court of Victoria
website). A crowned lion and a chained unicorn balance a shield which has on it, symbols derived
... Get more on HelpWriting.net ...
Essay on Juvenile and Adult Courts
Juvenile and Adult Courts: A Comparative Analysis
Zanetta Eave, Tasha Harris, and Lee Blackmon
CJA/374
July 29, 2013
Cory Kelly
Introduction The "Juvenile and Adult Courts: A Comparative Analysis" paper will compare juvenile courts with
adult courts. This paper will present an overview of the juvenile justice system, a point–by–point comparison
between juvenile and adult courts. The adjudication process by which a juvenile is transferred to the adult court
system. This paper will also discuss the implications of the following for youthful offenders: The trend of
increasing the use of waivers, and the trend of remanding juveniles to adult court for processing. The last topic
addressed in this paper will be the societal implications ... Show more content on Helpwriting.net ...
If a plea agreement is not reached, the case may go to an Adjudication Hearing (also called Fact–finding. All
parties to the case, including the prosecution witnesses and defense witnesses, will be subpoenaed (summoned)
to testify before a Judge. Witnesses may be excluded from the courtroom until they are finished testifying
(Clallam County, 2011). The argument for this rule is to ensure that a witness is not influenced by the testimony
of another witness. If you are a victim, you have the right to be present throughout the hearing. Since there are
no jury trials in juvenile court, the Judge will determine whether or not the juvenile is innocent or guilty of
committing a delinquent act after hearing the facts of the case. At the Adjudication Hearing, the prosecution
and the defense may make opening statements to the Judge to explain the case. The Juvenile Prosecutor then
presents the case against the juvenile respondent. It is the responsibility of the State to prove "beyond a
reasonable doubt" that a delinquent act was committed and the juvenile respondent is guilty of committing the
act (Clallam County, 2012). To meet this burden of proof, the Juvenile Prosecutor presents evidence and calls
witnesses to testify. Witnesses are required to testify under oath and may be cross–examined by the juvenile's
defense attorney.
After the prosecutor presents the case against the juvenile respondent, the defense
... Get more on HelpWriting.net ...
Lokpal Bill
KONERU LAKSHMAIAH UNIVERSITY
SEMINAR PRESENTION TOPIC:
LOKPAL BILL
SUBMITTED TO: SUBMITTED BY:
Dr. V.SARADA B.SEKHAR BABU M.C.A [2ND YEAR]
Lokpal Bill is not a new word for Indian people. It is frequently used against corruption. Anna Hazare creates a
new ... Show more content on Helpwriting.net ...
As a part of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India and Lokayukta
of Karnataka, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India
Against Corruption movement drafted an alternate bill, named as the Jan Lokpal Bill (People's Ombudsman
Bill) with more stringent provisions and wider power to the Lokpal (Ombudsman). Hazare has started a fast up
to death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint committee of the
representatives of the Government and the civil society to draft a new bill with more stronger penal actions and
more independenceto the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by
the Prime Minister of India Manmohan Singh.
The movement attracted attention very quickly through various media. It has been reported that thousands of
people joined to support Hazare's effort. Almost 150 people are reported to join Hazare in his fast. He said that
he would not allow any politician to sit with him in this movement. Many social activists including Medha
Patkar,Arvind Kejriwal and former IPS officer Kiran Bedi have lent their support to Hazare's hunger strike and
anti–corruption campaign. This movement has also been joined by many people providing their support in
Internet social media such as twitter and facebook. In addition to spiritual leaders Swami Ramdev,Swami
... Get more on HelpWriting.net ...
Inherit The Wind Essay
In Jerome Lawrence and Robert E. Lee's tense drama, "Inherit the Wind", three strong characters express
powerful opinions: Bertrum Cates , Henry Drummond, and Mathew Harrison Brady. First, Bert Cates, the
defendant, is charged with teaching "Darwinism" to his sophomore class . Second, Henry Drummond, the
defense attorney for Cates, displays his beliefs of the right to think. third, Mathew Harrison Brady, the "big–
shot" prosecuting attorney, illustrates his bigotry of creationism. To conclude, these three essential characters
are fighting for their personal beliefs.
Primarily, Bert Cates, a 10th grade teacher, struggles to obtain his right to have an open–mind, and encourages
others to do so. The defendant, simply tries to teach a lesson ... Show more content on Helpwriting.net ...
He clearly values this when he explains to the judge "I am trying to establish, Your Honor, that Howard – or
Colonel Brady – or Charles Darwin – or anyone in this courtroom– or you, sir – has the right to think!".
Drummond feels strongly that the right to think is very much on trial and hopes that justice will be reached. In
summary, Henry Drummond values deeply every human's right to imagine or give credence to anything.
In addition, Mathew Harrison Brady, the prosecution, gives a strong opposing viewpoint to the morality of the
issue. He believes every word of the book of Genesis, and can not comprehend any other possibility to the
beginning of life. As he is unusually testified, he states, "Everything in the Bible should be accepted, exactly as
it is given there". This rules out any other likelihood that something similar to Darwinism could have ever been
imagined. Ultimately, Brady keeps an open and shut opinion to anything germane to life, morality, or
creationism.
In conclusion, the play "Inherit the Wind" is strongly influenced by characters Bert Cates, Henry Drummond,
and Mathew Harrison Brady. Bert Cates is first given the guts to stand up for what he believes in, and peruse it
throughout all of its hardships. Second, Henry Drummond helps defend Cates, establishing the fact that he and
everyone else has the right to think. Lastly, Mathew Harrison Brady, displays his opinion that there is only one
... Get more on HelpWriting.net ...

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Essay About How Societies Manage Disputes

  • 1. Essay about How Societies Manage Disputes INTRODUCTION Law is one method of resolving disputes when, as is inevitable, they emerge. All societies have mechanisms for dealing with such problems, but the forms of dispute resolution tend to differ from society to society. In small scale societies, based on mutual co–operation and interdependency, the means of solving disputes tend to be informal and focus on the need for mutual concessions and compromise to maintain social stability. In some such societies, the whole of the social group may become involved in settling a problem, whereas in others, particular individuals may be recognized as intermediaries, whose function it is to act as a go–between to bring the parties to a mutually recognized solution. The common factor remains ... Show more content on Helpwriting.net ... It can be argued that arbitration represents a privatization of the judicial process. It may be assumed, therefore, that of all its virtues, perhaps the greatest, at least as far as the government is concerned, is the potential reduction in costs for the State in providing the legal framework within which disputes are resolved. ADVANTAGES OF TRIBUNALS Advantages of tribunals over courts relate to such matters as: – Speed The ordinary court system is notoriously dilatory in hearing and deciding cases. Tribunals are much quicker to hear cases. A related advantage of the tribunal system is the certainty that it will be heard on a specific date and not subject to the vagaries of the court system. This being said, there have been reports that the tribunal system is coming under increased pressure and is falling behind in relation to its caseload. Thus, in 1993, in relation to the employment tribunal, Feaser Youlson, the Vice Chair of the Employment Lawyers Association, complained that cases which had previously taken three to five months to be heard could now take over 18 months. – Cost Tribunals are a much cheaper way of deciding cases than using the ordinary court system. One factor that leads to a reduction in cost is the fact that no specialized court building is required to hear the cases. Also, the fact that those deciding the cases are less expensive to employ than judges, together with the fact that complainants do ... Get more on HelpWriting.net ...
  • 2.
  • 3. Mental Health Court Mental Health Court Mental Health Court 2013 By: Elizabeth Gavin Professor Contino Class: Corrections One 9/17/2013 2013 By: Elizabeth Gavin Professor Contino Class: Corrections One 9/17/2013 Mental health courts are a resource given to prisoners who would normally be put in prison if they had not decided to join this special program. Mental health court is a court run program by the district attorney's office in some counties. This program is based off of traditional court room structure but is also paired with community services. Mental health courts solve a lot of different problems within our criminal justice system. The first problem it solves is the ... Show more content on Helpwriting.net ... PTSD is usually only excepted when you are a veteran and then you would not go into the mental health court but into the veteran's court that they offer. Other disorders besides these can sometimes be acceptable but they have to come with substantial evidence that it impaired their judgment. At York County an exclusion from the mental health court would be if you had any previous charges they are not resolved in other states. Not every charge is allowed to enter into mental health court some examples of that are murder, any sexual charge, any violent offense (example aggravated assault), and anyone who is classified as a violent offender. Although these crimes are excluded under the conditions under certain circumstances they might allow one of these charges to enter into mental health court. Along with a list of certain circumstances to get into mental health court York County also provides a list of prohibited medications in the treatment court so people are aware of the rules before entering. The mental health court at York County has three phases for the offenders and has listed what is expected of them and what the possible sanctions if they do not follow what is required of them (York county mental health court manual, May, 2005). I stated earlier how most mental health court programs are for a yearlong and can change depending on what happens with the offender and the treatment courts position. From being able to have the ... Get more on HelpWriting.net ...
  • 4.
  • 5. The Dark Side of Judge Pyncheon in Nathaniel Hawthorne’s... The Dark Side of Judge Pyncheon in Nathaniel Hawthorne's Novel, The House of the Seven Gables People in society live in a masquerade. Everyone wears a decoratively adorned mask that displays beauty, purity, and service. However, behind the mask lies on the inside of all society. One will stop at nothing in order to be well liked, thus becoming hypocrites. In Nathaniel Hawthorne's novel, The House of the Seven Gables, the narrator uses intense diction, a vivid selection of detail, and a shocking tone to reveal that the character of Judge Pyncheon resembles perfection on the outside, yet "darker traits" sit latent on the inside. The narrator uses intense diction to describe Judge Pyncheon's character as near perfection. He reflects ... Show more content on Helpwriting.net ... Pyncheon is always aware of his form as well as his appearance towards others like "broad benevolence," and a "scrupulous" attention to the rich and poor. The narrator suddenly transitions from Judge Pyncheon's "admirably arranged life" to his "early and reckless youth." Nathaniel Hawthorne ultimately describes Pyncheon's "looking–glass" image, his party mask. This "hard, cold man" can only be brought down by the public loss of interest in him. The intensity of the narrator's diction makes the Judge's contrasting inner and outer characters obvious and blatant. A vivid selection of detail provides perfect evidence to Judge Pyncheon's unsightly hypocrisy. Hawthorne pays close attention to Pyncheon's work life, social world, and conspicuous appearances. At the same time, he elaborates on his wonderful involvement, his pursuing work ethic, and his superb manner and attire towards others. However, it is not the superficial attributes that Hawthorne pays attention to... it is the subliminal side of the Judge that he disregards. What does Judge Pyncheon do in his leisure time when the public eye is not trampling in his world? The Judge's "splendid rubbish" is only a mere reflection he wants society to witness. Because of the narrator's selection of detail, Judge Pyncheon's secret existence soars to the surface. A shocking and disappointing tone exposes Judge Pyncheon's "active and subtle conscience." Hawthorne is loathing ... Get more on HelpWriting.net ...
  • 6.
  • 7. Judges Allocation and Sentencing Guidelines 1.4 Judges are typically white men with strong political connections. Do you see any problems with this in terms of fairness in sentencing? Judges allocation of outcomes is constrained by a diversity of factors; race has no weight on sentencing. What is taken into consideration is the severity of the crime and the individual's criminal history. The judge has to consult the Constitution and a group of statutes and court rules that governs sentencing procedure in that given jurisdiction. When considering procedures for sentencing, it is important to know that the outset that sentencing is an area in which jurisdictions vary considerably, and to distinguish the differences in sentencing systems may have an important bearing on the ... Show more content on Helpwriting.net ... Efficient courtroom workgroups seek to process cases rather than dispense justice. The legal merits of the case are the true determinative factors of an outcome. Judges: is the person who is eminent on the Bench in the front of the courtroom. While the Judge is mandate by law to rule on the admissibility of the evidence as it comes into trial, the jury is empowered by law to rule on the reliability of the evidence. In addition the judge accepts or approves the guilty pleas when the defendant waives the rights to trial. Criminal Prosecutor: is a representative of the State or Federal government whose job is to prosecute individuals who have committed crimes and to take legal action for this violation. These are the individuals that will go into the court room and argue to the judge and/or jury that the defendant has committed a crime and should be held accountable for his/her offense. Defense attorney: is the person in charge to defend the individual accused of a crime. The defense attorney exercises any number of rights on his client's behalf to change the course of the trial or negotiate the best outcome for the defendant, as well as provided the best defense for his client. 3. What are the functions of a Judge? The judge presides in the courtroom. The judge rules on points of law and instructs the jury, about the law that governs each case. Protecting the jury from outside influences is one of the important of the judge's tasks at trial. The ... Get more on HelpWriting.net ...
  • 8.
  • 9. Courtroom 302 Professor Chapleau CJS 7 April 2013 Courtroom 203 My understanding of the court system has changed almost weekly from the beginning of my semester. I do understand things that I never thought I would've have known or even cared about in the least. The book Courtroom 302 has brought an even different side of thinking into this. The book goes into detail about the criminal court in Chicago. He watches all of the actions and different trials that come and go in the courtroom 302. He presents many different cases throughout the book which gives more insight then just a single case. Overview of the book: The book is written by Steve Bogira, who is a reporter for a newspaper is Chicago. He goes into the courtroom 302 whose judge ... Show more content on Helpwriting.net ... One of the defendants actually states "Hey you good, Why aint you become a real lawyer" (p. 138). They think because they are getting this for free that these people representing them don't have any idea what they are doing because the one was so good at using the facts for his client is a good way he got him acquitted. Throughout most of the book the judge of the courtroom is up for a retention election. He is a circuit court judge and that means he has to do a partisan election and he must get 60% majority to keep his job on the bench. This makes a huge impact on some of the decisions judges will make in the courtroom. During the trail of white men who were going trail over beating a young black kid who was in their neighborhood. The judge was being affected harshly by this because if he was easy on the men then the black community would vote against him because the beating was racially motivated. On the other hand if he gives them a harsh sentence he could be looked at bad because these men were first time offenders. He gets accused of rushing the case because what he planned on doing was gives the one man who was the one who did the beating a harsh sentences and give the others probation. He wanted to get it on the record that he gave him a harsher sentence, and even after the sentence he was telling the media all about his reasoning for why and how he came up with this decision. He ended up give ... Get more on HelpWriting.net ...
  • 10.
  • 11. Judicial Misconduct Essay Founders of the United States of America believed in providing the people of this great nation with a fair, and impartial judicial system. The basic rights of the people, which are listed in the Bill of Rights, needed to be respected and protected by the government. Abraham Lincoln once said "Government of the people, by the people, for the people, shall not perish from the Earth". Every part of the United States government has a duty to protect the people that gave the government power, and one organization in particular plays a very large role in this charge. The Judicial System of the United States America is a complex organization constructed to uphold the authority of the Constitution, and federal law. The judges within the ... Show more content on Helpwriting.net ... The primary functions of lower courts consist of processing minor offenses but these courts will sometimes process felonies as well, without sentencing the defendant. Major trial courts take the processed felony cases and complete them; in major courts the defendants who are charged with felony crimes mainly enter a plea of guilty or not guilty, which then leads to a trial (Neubauer, 2010). The second component of our dual court system consists of appellate courts. In the U.S. judicial system, a defendant found guilty in a trial court can normally appeal to a higher federal court. These federal courts, or appellate courts, review decisions made by trial courts (Neubauer, 2010). Appellate courts can be on the federal and state level, but do not hold trials or hear new evidence. These courts consist of a judge, or a lawyer, or a group of either one, who read the transcript of the trial and whether the previous decision correctly or incorrectly followed the law (Neubauer, 2010). Similar to trial courts, the federal government and most states have made two different types of appellate courts: intermediate, which hear all cases, and supreme courts, which can pick and choose the cases heard (Neubauer, 2010). Even though there are many different types of courts within the judicial system of the United States, the role of the judge stays constant throughout the majority of branches. Judges and their duties in the courtroom are misunderstood, because of ... Get more on HelpWriting.net ...
  • 12.
  • 13. Criminal and Civil Law in the English Legal System Essay One of the main differences between criminal cases and civil cases is that they are held in different courts, this is because there is a significant distinction between a civil wrong and a criminal wrong. Crimes are considered to be a type of wrongdoing, however civil wrongs tend to have only an impact on the parties involved in the case. For example: a breach of contract. Where as criminal wrongs tend to have an impact on society itself. For example: a murder, theft or rape. Criminal law is dealt with in the Magistrates court and if very serious in the Crown court. It is said to be more difficult to win a case in the Magistrates court and Crown court than in a civil court as in a magistrates ... Show more content on Helpwriting.net ... Magistrates also determine, subject to appeal, whether the defendant should be kept in custody pending trial. Magistrates can impose conditions to meet their concerns about granting bail. Courts have limited information on which to base bail decisions, with the exception of experimental bail information schemes involving the probation service. Normally prosecutors and sometimes defence lawyers make representations as to whether bail should be granted or not. There is a high degree of correlation between prosecutors' representations and magistrates' decisions. One problem the society has with magistrates is that sections of the community are underrepresented in the lay magistracy. The lay magistracy remains predominately white, middle aged, middle class and conservative. The other court of trial for a criminal case is the Crown Court. Indictable offences like murder can only be dealt with in this court and also triable offences for example, all theft cases. An accused has the absolute right of trial in the Crown Court but if he/she elects summary trial the magistrates may decline to hear the case. Even if they do they may commit a convicted person to the Crown Court for sentence if they believe their own sentencing proves to be inadequate. Three types of judges sit in the court – High Court Judges, circuit judges and recorders. The latter are part time and hear the less serious ... Get more on HelpWriting.net ...
  • 14.
  • 15. Ethical Codes and Particular Cases ETHICAL CODES AND PARTICULAR CASES 1 Ethical Codes and Particular Cases Shannon Smithers Walden University ETHICAL CODES AND PARTICULAR CASES 2 The Florida Bar v. McAliley was a case of a husband who is a member of The Florida Bar fighting with his wife over final order regarding modification of custody, visitation, parental responsibility, and other issues. He claimed that their minor child was being harmed by second hand smoke, and was told by his mother how to act when he was with him. He filed numerous claims to the appellate court ranging from not being able to be present for medical and dental exams to the trial judge not letting him represent himself. Every claim he filed was then denied because the ... Show more content on Helpwriting.net ... If he thought he could manipulate the courts just because he is a ETHICAL CODES AND PARTICULAR CASES 3 lawyer, how do we know if he is not like that towards other clients and judges. I understand that people get emotional when things like divorce and custody arises and things can get out of hand, but in this case, I feel he went a little overboard only thinking about himself and not considering the consequences this all had on his ex wife and minor child. He was definitely unprofessional and even one of the judges said " if someone asks me what vexatious litigation looks like, the former husband's various filings in this divorce case, especially his antics in these post judgment proceedings, are an excellent example" (Judge Farmer, 1997). Judges and lawyers have a higher standard to go by, if this type of action is not tolerated when representing a client, then it definitely should not be tolerated by a lawyer in his own case. ETHICAL CODES AND PARTICULAR CASES 4 REFERENCES: American Bar Association. (n.d.). Lawyer ethics and professionalism. Retrieved from http://www.americanbar.org/groups/professional_responsibility.htm 1 McAliley v. McAliley, 704 So. 2d 611 – Fla: Dist. Court of Appeals, 4th Dist. (1997). Retrieved fromhttps://scholar.google.com/scholar_case? case=6943653462044241336&q=related:uO2O4AjQXGAJ:scholar.google.com/&hl=en&as_sdt=6,47&as_vis=1 The Florida Bar v. McAliley, 797 So. 2D ... Get more on HelpWriting.net ...
  • 16.
  • 17. The US Trial System Essay When one thinks of trials a lot of questions come to mind. What is a trial? What is involved in a trial? Who are the participants in a trial? Of all the participants how do they all contribute to the trial, what are their duties? What are the aspects of a trial and how do the aspects affect the fairness of the trial. How does our constitution contribute to a trial and how does it create fairness to the system? Within the body of this paper I will educate the reader on the trial system and answer any questions a person may have on the subject. I will use the research I have done to educate the reader on trials, the fairness of trials, and how I feel that trials can be made fairer. There are several types of trials in our ... Show more content on Helpwriting.net ... Kuklin) Among all the duties of the judge he is there to act as a referee. He keeps everyone in the courtroom in order. He explains to the jury the laws. After he hears the witnesses and all the other evidence, he will take in considerations all the facts and make a decision based on his own personal interpretations of the law. His powers will be shared with the jury. The jury or jurors "are randomly drawn from the court's geographical area– typically from voter and motor vehicle registration lists–to evaluate evidence during trials and render verdicts. Jurors decide, according to the evidence, whether the defendant is guilty beyond a reasonable doubt of the charged crime. Jurors are not supposed to decide legal questions, such as what evidence is admissible. And jurors usually do not decide what sentence the defendant should receive in case of a conviction, except in capital punishment cases. It is increasingly common for judges to involve jurors in the questioning of witnesses. Before excusing witnesses, many judges invite jurors to submit written questions. After reviewing the jurors' proposed questions with attorneys from both sides, the judge decides which questions (if any) to ask. Most cases don't involve juries. Juries are not formed unless and until a case goes to trial. Since at least 90% of criminal cases end in plea bargains (never getting to trial), and many trials are handled by judges alone, most criminal cases go ... Get more on HelpWriting.net ...
  • 18.
  • 19. Trials of Oz 'The Trials of Oz' Court as Theatre In the first case, Robertson is not principally involved as counsel for the Oz editors in their obscenity trial. He is just a 'stage–hand for the defence'. We note the metaphor: a stage–hand is someone who assists at a theatrical production. Robertson frequently recurs to the idea of the court as a theatre and the players in the justice game as actors: Like the squalor behind the splendour of the stage at Convent Garden [the great London opera house], so the solemn ritual of an Old Bailey trial disguised the fact that it was produced in greasepaint and chaos. The solicitors' clerks who stage–managed the shows would meet to rehearse the cast of the day around the formica tables of the Rex Café ... Show more content on Helpwriting.net ... That the judge is unaware that Hair is a musical is supposed to suggest how out of touch he is with reality. The cumulative effect of this perspective is that if the judge is hard on the allegedly obscene editors and misrepresents their defence to the jurors, this would only be what you would expect of such a second–rate individual. Robertson's presentation, based on truth, is heavily influenced by bias and opinion against the judge and, thereby, in favour of the defendants. The eventual verdict of guilty is seen to be inevitable. The editors were sent to prison for psychiatric examination. 'Reason' and 'Sanity' The voices of 'reason' and 'sanity', writes Robertson, were outraged and an appeal lodged. First, bail was granted by Justice Griffiths, whose decision was made on the advice of his daughter, 'a young blonde in a denim jacket and jeans'. The appeal before the Lord Chief Justice succeeded after he was persuaded that Oz paled in comparison, in terms of obscenity, with numerous other publications freely available. Although Oz died from an 'overdose of publicity', Robertson makes the telling point that the usual ironic effect of obscenity trials is to heighten public interest in the book or artwork examined. The principal representation of truth in 'The Trials of Oz' is Robertson's detailed presentation of the initial courtroom battle, including lengthy ... Get more on HelpWriting.net ...
  • 20.
  • 21. The Methods and Techniques of Judge Dee from Celebrated... Judge Dee is a magistrate for the Chinese Province of Ching–Ping and he used many methods and techniques to solve his cases. He also had significant influence on the society. Judge Dee mainly utilized two methods to solve his cases, and they were using disguises and torture. He first used disguises in the case "The Double Murder at Dawn" to try to find any suspicious man or women that might look like he or she has been in a conflict instead; he finds the beginnings of the second case "The Strange Corpse." This is always a simple way to get information because if he appeared as a magistrate, people will be unwilling to dispense the information needed. So if he dresses up like a doctor like he did at the beginning, people would be willing to ... Show more content on Helpwriting.net ... Judge Dee was considered the "Father and Mother Official." Magistrates function as a judge, jury, prosecutor, and detective. He was the highest power in his district and was in charge of many things. He was in charge of the town, land administration, the tribunal, the bureau for the collection of taxes, the register office, and the public order in the district. Magistrates had to have great moral strength, intellectual power, and refined literati also trained on Chinese letter and arts. Without any of these skills, the magistrate would have failed his job. He would have barely gained any support since these skills were signs of a good leader. The Magistrates were almost miniature monarchs of their own lands. Even though whatever they say is not law, they are able to convict and torture people until they listen. Judge Dee took everything under his control form the detective work to sentences. He used lieutenants and constables to help out, but most work was done single–handedly. No one else I the district has more power than him. A few magistrates in the book even had their own private army for example; the magistrate in Turnip Pass had a garrison to protect the area from criminals. Magistrates are supposed to be truth–seeking men. Judge Dee is obviously truth seeking because he tries to see why the husband died in "The Strange Corpse" even though no one filed a complaint, he did this for righteousness, which is looked for in ... Get more on HelpWriting.net ...
  • 22.
  • 23. Essay about Aspects of Probation There are times when almost everyone wonders exactly what the purpose of probation is, what kinds of conditions can be imposed if someone is put on probation, and what roles the probation officer and the court systems play in the scheme of things. If you know someone that is on probation it may not hurt to know a little bit about the way it works and that is exactly what we will be talking about here. Probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge. Probation is the conditional release of an individual by the court after he has been found guilty of the crime charged. In the case of probation then, the individual has not been sentenced to prison, although he may, in fact, have ... Show more content on Helpwriting.net ... The crime for which the person was arrested isn't dramatized and used as a reason for disrupting the rhythm of his life. The number of conditions that a judge can impose upon a person on probation is amazing and there are some that make some of us wonder how they can actually make a person live a life that is not theirs. There are many conditions of probation that a judge or a probation officer can impose upon the probationer. Some of the conditions that can be imposed include: supporting his dependents and meeting any other family needs, paying a fine or making restitution to the victim of the crime that was committed, keeping a job if they have a suitable one and if not training for or getting one that is suitable. There are some conditions that are imposed because of the offense that the probationer was found guilty of, for instance, refrain from engaging in a specific occupation, business, or profession bearing a reasonably direct relationship to the conduct constituting the offense, or engage in such a specified occupation, business, or profession only to a stated degree or under stated circumstances; refrain from frequenting specified kinds of places or from associating unnecessarily with specified persons. In a lot of cases conditions imposed include refraining from the excessive use of alcohol, or use of any narcotic drug or other controlled substance without a prescription from a licensed ... Get more on HelpWriting.net ...
  • 24.
  • 25. Hamilton County Judges Case CASE PROBLEM: HAMILTON COUNTY JUDGES Hamilton County Judges try thousands of cases per year. In an overwhelming majority of the cases disposed, the verdict stands as rendered. However, some cases are appealed, and of those appealed, some of the cases are reversed. Kristen DelGuzzi of the Cincinnati Enquirer conducted a study of cases handled by Hamilton County Judges over a three–year period ( Cincinnati Enquirer, January 11, 1998 ). Shown in Table 2.5 are the results for 182,908 cases handled (disposed) by 38 Judges in Common Pleas Court, Domestic relations Court, and Municipal Court. Two of the judges (Dinkelacker and Hogan) did not serve in the same court for the entire three–year period. The purpose of the newspaper's study was to ... Show more content on Helpwriting.net ... 1. Based on the data provided in the Hamilton County Judge case study the actual probability of cases being appealed or appealed and reversed are as follows. a. Common Pleas Court disposed 43, 945 total cases and had the following probability of either being appealed or appealed and reversed. i. Total cases appealed were 1,762 or 4.01% ii. Total cases that were appealed that resulted in a reversal was 11.29% b. Domestic Relations Court disposed 30,499 total cases and had the following probability of either being appealed or appealed and reversed. iii. Total cases appealed were 106 or .35% iv. Total cases that were appealed that resulted in a reversal was 16.04% c. Municipal Court disposed 108,464 total cases and had the following probability of either being appealed or appealed and reversed. v. Total cases appealed were 500 or .46% vi. Total cases that were appealed that resulted in a reversal was 20.80% d. All Courts combined disposed 182,908 total cases and had the following probabilityof either being appealed or appealed and reversed. vii. Total cases appealed were 2368 or 1.29% viii. Total cases that were appealed that resulted in a reversal was 13.51% 5|C AS E STU D Y – HA MI LTON C OUN TY JUD G ES 2. Based on the data provided in the Hamilton County Judge case study the actual probability of cases by judge being appealed are as follows. COMMON PLEAS COURT: JUDGE Fred Cartolano Thomas Crush Patrick Dinkelacker Timothy Hogan Robert ... Get more on HelpWriting.net ...
  • 26.
  • 27. Sentencing Courts Have Given Enhanced Credit For Time... Facts In the past, sentencing courts have given enhanced credit for time–spent in pre–custody, which is usually at a rate of two days for every day of detention, however, "enhanced credit is not available if the person was denied bail primarily because of a prior conviction" (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII)). In November 2010, Hamidreza Safarzadeh–Markhali "was arrested and charged with several offences" (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4). The bail judge made an endorsement for Mr. Safarzadeh– Markhali on the basis of his criminal record, and therefore this made him unentitled to receive enhanced credit for the pre–custody that would come after (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4); however, this was seen as unconstitutional to the trail judge who concluded by crediting Mr.Safar–Markhali with enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 5). Procedural History At the bail hearing, the bail judge rejected Mr. Safarzadeh–Markhali's argument of not making an endorsement and established that the endorsement was necessary, which in turn made Mr. Safarzadeh–Markhali ineligible for enhanced credit (R. v. Safarzadeh‑Markhali, 2016 SCC 14 (CanLII), par. 4). Then at the Ontario Court of Justice, the trial judge concluded that the restrictions on enhanced credit in s. 719(3.1) of the Criminal Code are unconstitutional, and credited Mr. Safarzadeh–Markhali with 31 months of pre–sentence custody (R. v. ... Get more on HelpWriting.net ...
  • 28.
  • 29. Court Report LAWS1021: Court research report The basic division in the structure of criminal courts is between the lower criminal courts – the local courts, Children's court and Coroner's court – and the higher criminal courts – the District Court and the Supreme Court. In observing proceedings at the Local, District and Supreme Courts over a period of three days a number of aspects of the criminal justice system were made apparent. The administration, processes and practices of the criminal trial are extremely varied dependent upon the level of criminal court being observed. The distinctions between the workings of the two courts revealed a number of the differences between summary proceedings and trial upon indictment. The cases observed served to ... Show more content on Helpwriting.net ... Other cases that were observed through court visits further emphasised the nature of the judicial process in the Local Courts. The summary proceedings served in a number of cases to emphasise the triviality of the process. Cases involving minor offences such as traffic offences and petty theft were particularly trivial however other cases such as domestic violence and minor assault charges were not so inconsequential. They were of particular importance to the parties involved and it is thus important not to overgeneralise the process of the lower courts to being mere triviality. Whilst in the local courts there was an emphasis on speed and efficiency, this did not automatically mean that strict legality was disregarded. The importance placed on evidence and onus on the prosecutors in providing proof upheld important elements of the criminal justice system. Higher criminal court – Ideology of Justice On observing the District Court a number of distinctions from the Local Courts were immediately made apparent. Without going in to detail about the actual structure of the courts, they seemed to fit more closely with the traditional schema of a typical courtroom. In particular the larger courtrooms with more facilities combined with the barristers and magistrates wearing their wig and robes seemed to instantly uphold the ideology of justice. It is interesting to note how appearances can automatically provide an impression that justice will be upheld. The ... Get more on HelpWriting.net ...
  • 30.
  • 31. Domestic Violent Relationship : An Ongoing Dispute Arising... INTRODUCTION I have experienced an ongoing dispute arising out of a previous Domestic Violent relationship, with an ex husband (JP) within the last 12 months. Finding myself in court with him repeatedly over conflict that he has caused surrounding his child support arrearage that he refuses to pay. His efforts were to try and turn the situation around on me to get out of paying what he owes. My lawyer has been met with expert witnesses that testified on my behalf of his lies. I've sought the judge for relief and have had to make my case on numerous occasions in the last year. I finally was heard and the judge believes my side. We have one final court proceeding in August. The power JP seemed to have in the beginning was that he ... Show more content on Helpwriting.net ... Another consequence is the state is also taking half of his paycheck now. All of this is worthy of analysis to try and help the court system to see how these men operate. Knowledge is power and I believe the court system has proven itself broken in my situation many times now and that I had to be proactive to persuade the right people. My reader can gain an education on what behaviors can lead to frustration and how to better prepare for them. We at one point had to go to mediation and I knew going into it that the other side would not budge in any of my wants regardless of what they were. Such as, the one thing I asked for was for our daughter to be able to be in the Westernairs horse club. I ended up being a complete breakdown in the mediation working for either side. When I hired my lawyer he was initially a neutral party to the conflict one finds them selves walking up hill in the beginning until your word can be taken at face value. It took several months of him watching the breakdown in communication all on the other side for there to be trust built in my case. After having tried to be amicable on several occasions to try and get to a win–win solution I finally persuaded my lawyer that we were dealing with someone completely unreasonable. When trying to persuade a judge it takes a tactic of truth that you can prove and negotiating what the law states is accurate as a solution. ... Get more on HelpWriting.net ...
  • 32.
  • 33. • Messa (P) V. Sullivan & Keyman’s Club (D, a) Essay Title Messa (P) v. Sullivan & Keyman's club (D, A) Citation: what court or reporters Court: Appellate Ct of IL, First District, First Division Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872 Author: judge Judge Burman Facts: P suffered injury at the Keyman's Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D's apt has safe, furniture, personal property, 3–year old German Shepherd for safe–keeping of the club's property in the apt. There are signs on the exterior and on a bldg directory in the lobby. No ... Show more content on Helpwriting.net ... P missed to see the sign as the door was heavy and couldn't see the sign. P's exhibit: pictures of the wounds: right side leg and right arm (left holes) and couldn't sleep for two weeks. D's statement: P did not look at the directory, the sign is big and height is right for the P to notice (thirty inch high sign warning of the presence of vicious dogs was posted on this manually operated door so that the bottom of the sign was about three and one–half to four feet from the floor.) D admitted that no sign in the elevator itself regarding vicious dogs and that the manually operated elevator door on the fifth floor could be locked by a key, but that it was unlocked on the day of the occurrence. Procedural history (summary of case movement, e.g. courts procedure and result) P (Betty Messa) brought this action against D (James Sullivan, Helen Sullivan and the Keyman's Club) to recover damages for the bodily injuries which she sustained as the result of being bitten by the defendants' dog. The complaint was based on two theories: first, a common law action for the keeping of a vicious animal and, second, an action based on what is commonly known as the "Dog Bite Statute" (Ill. Rev Stats 1963, c 8, § 12d). The trial court held for the defendants because he found that the plaintiff was contributorily negligent. No appeal has been taken from the judgment entered on that issue. [No opinion issued from this court] On the statutory count, however, ... Get more on HelpWriting.net ...
  • 34.
  • 35. Nonconformity and Its Effects A nonconformist refers to a person who cannot abide by the established rules and values of society. Because he has a different set of standards, he perceives the world in a unique manner and consequently fails to accept the general population's point of view. He is the one who walks the path most would be unwilling to take. One such individual is Meursault, the nonconforming protagonist in Albert Camus's The Stranger. In this critically acclaimed novel, Camus carefully develops Meursault's nonconformist character and explains how that personality causes a series of events that ultimately ends in Meursault's death. Meursault's emotionless behaviors clearly reveal his nonconformity to society. For example, Meursault could never express any ... Show more content on Helpwriting.net ... Rather, Meursault chooses not to dwell on the matter because the death would not essentially cause any difference in his ongoing life. Furthermore, Meursault's lack of repentance after murdering a man solidifies the fact that he is a significant nonconformist. For instance, during the questioning for his action, he "didn't take... [the examining magistrate] seriously" and "it all seemed like a game" to him (63–64). Also, he "was even going to shake his hand" on his way out (64). The values of society state that a criminal should feel at least some regret over his crimes. Thus, most would agree that the arrested should feel some fear and guilt simply from facing the justice system. However, through his actions and attitude, he just ignores all of the generally accepted rules. Not only he lacks the emotion of remorse, he rather enjoys the time. Meursault's indifference to the death of his mother and the arrest demonstrates his inability to conform to society's norms. Due to his unacceptable nonconformist actions, Meursault invites distrust and coldness from the French judicial system, which symbolizes society as a whole, during his trial. For example, during the trial, the prosecutor catches on all the little details of Meursault's atypical personality and utilizes them to raise Meursault's punishment. He first accuses Meursault of cruelty by exclaiming "a stranger may offer a cup of coffee, but that beside the body of the one who brought him into the world, a son ... Get more on HelpWriting.net ...
  • 36.
  • 37. House Of The Seven Gables: Judge Pyncheon Clifford Pyncheon, although he is absent for majority of the first part if the story, becomes a fairly large and mysterious aspect in the novel The House of The Seven Gables by Nathaniel Hawthorne. Clifford is an almost child–like character who is carefully watched over by his sister, Hepzibah, and needs constant attention. 30 years prior to the reader seeing Clifford arrive back at the Pyncheon house, Clifford was sent to prison by his cousin, Judge Pyncheon after being accused of murder. Because of this immense amount of time spent in prison, he left the facility a changed man. Hepzibah carries around a small portrait of Clifford before he went to prison in which a delicate young man can be seen. Upon return from prison you can see a much "coarser expression" about him (Hawthorne 96). ... Show more content on Helpwriting.net ... Everything from flowers to his cousin, Phoebe, makes Clifford feel safe and happy. These pretty things remind him of what life could have been like without prison, nevertheless the narrator hints that if Clifford did not go to prison, he may have "eaten out or filed away his affections" (Hawthorne 101). While Clifford suffered greatly in prison it also served as time away from situations that would have caused to become a shallow and materialistic person. Judge Pyncheon, however, possesses both of these qualities and puts great fear into the heart of Clifford everytime that he is around. The Judge's death is a weight off of Clifford's shoulders and causes him to feel "free" upon knowledge of the death (Hawthorne 237). He gains a feeling of "immense happiness" and drags Hepzibah out of the house, onto a train, and away from the city (Hawthorne 271). This enthusiasm is short lived, and he and Hepzibah have to go back to their dark and somber home. When they arrive, they are met with the lovely surprise of seeing Phoebe Pyncheon when they walk in the ... Get more on HelpWriting.net ...
  • 38.
  • 39. Cja 394 Court Managment Executive Summary Essay Court Management Executive Summary Learning Team HERE Contemporary Issues and Futures in Criminal Justice/CJA 394 May 28, 2013 Amanda Behl Overview The American court system is quite daunting and complicated. Consequently, the assistance previous available is no longer accessible resulting from budgetary issues. Therefore, strategic planning goals and management skills are essential to providing an efficient and smooth operating judicial system. Moreover, public education, access to the legal system, access to public court documents, effective management, and retention of court records are essential to successful court management. Furthermore, court managements resorted to consolidation and restructuring options to improve the ... Show more content on Helpwriting.net ... Improve jury responses to jury duty summons through active promotion and enhancement of jury system to achieve jury responses. Increase the use of technology to facilitate faster processing of cases, improve document management, document preservation by reducing paper documents, and maintain compliance with statutory document retention regulations. Increase electronic access and viewing of public court records, implement electronic filing of civil and criminal cases, and protect confidential data. Furthermore, the implementation of a restraining order database will improve efficiency and accuracy in identifying violations. Additionally, electronic dispensing of information in various key languages will assist in educating non– English speakers' awareness of the American judicial system. Improve case management system to identify cases filed under multiple overlapping jurisdictions to avoid conflicting court order, duplicative services, ineffective use of judicial resources, and easy identification of duplicative jurisdictional cases for consolidation. Ensure the continuing education programs for judges, court personnel, and staffs to enhance and improve professional development, recognition, and sensitivity to non–English speakers. Court consolidation and restructuring affecting future court processes and responsibilities The current ... Get more on HelpWriting.net ...
  • 40.
  • 41. Judge Pyncheon Essay The elderly are known to be wise, and the young are known to be restless. When the young are restless "even now, the inevitable force of circumstances should occasionally make you do one questionable deed..." In Nathaniel Hawthorne's novel The House of Seven Gables, the character of Judge Pyncheon is revealed through the description of his life both his past and present. The narrator makes fun of the Judge's life in order to convey a new message of society's high value on public opinion. The selection can be divided into sections. First being that the narrator knows that Judge Pyncheon has a secret and is hiding something. Secondly, the narrator gives a description of everything good and contrasts that to his superficiality, and the unveiling ... Show more content on Helpwriting.net ... He supports him by clarifying if his "one questionable deed, among a thousand praiseworthy, or, at least, blameless ones" would characterize the Judge too bee seen as evil. However, the narrator's main point is plainly stated in the last few sentences. Judge Pyncheon's problem is not that he abandoned his son, or that he dress very nicely but, that he never looks inwardly, "and resolutely taking the idea of himself from what purports to be his image". According to the narrator looking within yourself and taking care of yourself emotionally is above all more important than the thousands of good deeds you could do. For The Judge when he looks into the mirror he sees a reflection the reverse of what he is the public's opinion. This opinion and image he has built up forces him to lose sight on his self–knowledge. The only way for Judge Pyncheon to truly find himself is through loss of property and reputation. In the public's perception, the Judge is a model of austerity and morality. He does many good works and plays many key roles in his community that he is a praiseworthy character. As the narrator reveals more about Judge Pyncheon through sarcasm and long descriptions is the trait of his "evil" character ... Get more on HelpWriting.net ...
  • 42.
  • 43. Essay on Courtroom Procedures and the Role of the Prosecution During a trial, there are many rules, procedures, and codes of conduct that must be observed. These are in place to allow a trial to proceed more efficiently and fairly for both the defense and prosecution. According to one author, "Police, prosecutors, and criminal court Judges see too much crime, so they tend to see crime everywhere. We need rules to control their conduct, Judges to carefully apply those rules, and other Judges to review those decisions (law–article.net)." Courtroom procedures are important because, without them, defendants and prosecution alike could be treated unfairly. These procedures give a standard format for trials that must be followed to ensure that all parties have an equal opportunity to present their ... Show more content on Helpwriting.net ... Courtroom procedures begin before the day of the trial arrives. In a criminal case, the pre–trial proceedings vary based on the severity of the crime. With a simple misdemeanor case, which could only result in minor jail time or a fine, the pre–trial procedures are short and simple. Usually, the defendant is called to a pre–trial hearing where they are read the charges pressed against them and are asked to give either their plea of guilty and be given a sentencing date, not guilty and be given a trial date and bail amount, or to plead no contest (American Bar Association). However, in a felony case that could lead to a serious incarceration sentence, the procedure becomes more complex. There is a first hearing that is similar to that of a misdemeanor, except that a plea is not given. This is done at the second preliminary hearing to determine if there is actually enough evidence to charge the defendant with a crime. If there isn't enough, the charges are dropped, but if there is, the case moves along in the process (American Bar Association). Also prior to the trial, a jury of 6 to 12 people must be selected. Each jury member must go through a screening process to ensure that they have no connection to the trial, or any preconceived opinion of it that could keep them from being impartial to either side. A juror can be removed if they have any connection to the trial, and the defense ... Get more on HelpWriting.net ...
  • 44.
  • 45. Essay on Anna Marie Hahn Vallen Alleyne Mr. Beese Business Law I February 10, 2015 Women on Death Row: Anna Hahn Anna Marie Hahn, also known as "Arsenic Anna" was born on July 7, 1906 in Bavaria, Germany. She moved to America–Cincinnati, Ohio to be exact–in 1929 at the age of 23. Her first marriage was to a doctor from Vienna, whom she had a son with named Oskar. Her husband died shortly after arriving into the United States. She decided to stay with her aunt and uncle in the Cincinnati German District, where she can start fresh on a new path. She met her 2nd husband, Philip Hahn, a telegraph operator, at a community dance at the Hotel Alms. Desperately wanting to leave his job, the Hahn's decided to open up two delicatessens, and they received the ownership to ... Show more content on Helpwriting.net ... It turns out that Anna approached Wagner, saying that she was his long lost niece, when he knew for a fact that he had no living relatives but decided soon decided to let her help him with things around the house. Neighbors of Wagner claimed to have spent several hours in Wagner's apartment after his death. Moving onto the next victim, Anna befriended Olive Luella Koehler, an elderly lady who lived in the same apartment building as Wagner. Investigators learned that Anna became friends with her, which included her bring her ice cream cone treats. After consuming one of the treats, Mrs. Koehler had to be admitted to the hospital. It is not surely known if the ice cream had anything to do with her becoming sick, but oddly while she was in the hospital, some of her valuables had been stolen from her residence. As the case is coming along, the investigators suspect Anna that she is poisoning her elderly patients to steal their money and valuables. In the year of 1937, right before Anna was to take a trip to Colorado, another mysterious death had presented. 67–year–old George Gsellman died in his room, suspiciously right after his last visit with Anna. Investigators jumped to the case quickly, taking the opportunity to do a full autopsy to find out the reason of death. Metallic poison was found in his body, croton oil, which was a home remedy back then. It is not ... Get more on HelpWriting.net ...
  • 46.
  • 47. Judge Pyncheon Analysis In a passage from Nathaniel Hawthorne's novel The House of the Seven Gables, he reveals the complex character that is Judge Pyncheon. Hawthorne suggests that the virtuous appearance Judge Pyncheon exhibits covers the immoral reality that lies behind his lies. Hawthorne leads the reader to speculate on Judge Pyncheon's questionable character through his skeptical tone and syntax. Hawthorne conveys a speculative, yet suspicious tone as he questions the morality of Judge Pyncheon's actions. The author tells the reader of the "splendid rubbish in [Judge Pyncheon's] life" that covers up his secrets. The term "splendid rubbish" paints the reader a picture of rubbish that has been masked to look a certain way, but eventually the true nature of the ... Show more content on Helpwriting.net ... To begin the passage Hawthorne engages the reader by using an exclamatory sentence fragment followed by a cumulative sentence. The exclamatory fragment alludes to elsewhere in the novel by giving the reader a "train of remark" without a reference to what "it" actually is. The vague fragment piques the reader's interests with the hope that they will find the missing subject while they read the long cumulative sentence. In the cumulative sentence Hawthorne makes a claim, but slowly loses direction as the it continues. By using parallel structure in his writing of Judge Pyncheon's "faithfulness of his public service... devotedness to his party... remarkable zeal as president of a Bible society... benefits to horticulture" Hawthorne showcases his alluring writing just as Judge Pyncheon allures people with all his notable actions. However, later in the sentence Hawthorne strays away from the appealing parallel structure as he describes Judge Pyncheon's actions as "a lifting of the hat, a nod, or a motion of the hand." The author makes his final point that there is no room for dark traits "in a portrait made up of lineaments like these." This action is similar to Judge Pyncheon's character; it appears genuine and straight forward, but Hawthorne observes that Pyncheon "was conscious of, [his actions] in the progress of every day" life. The different responsibilities that Hawthorne shares ... Get more on HelpWriting.net ...
  • 48.
  • 49. Celia, a Slave Essay Celia, a Slave is the epitome of the relationship between slaves and their owners and also the slaves and other whites in the 1850's. This is based on her interactions with her owner Robert Newsom and her reactions mainly with the community involved in her court case. These relationships affected more so the women slaves rather than the men slaves because of their weaker nature as perceived by the sexual differences of the time period between men and women in general. Slavery is questioned by the morals of the Northerners and some Southerners though it is common in the South so most Southerners reinforce the ideas of slavery with their own morals, believing slaves as meaningless because of their difference. Celia was bought by Robert ... Show more content on Helpwriting.net ... Though her story was that of defense from her master: she had acted alone, struck her master to stop his advances, and had not intentionally killed him, Missouri's pre–Civil War court system was unable to protect her claims because she was a slave and they were unwilling to change their beliefs about slaves and how they should be viewed and treated in society. (as proved previously in the case Dred Scott vs. Sandford.) These were the most frequent reactions of the Southerners; however a man named John Jameson took her side and defended her and her actions toward Robert Newsom as acts of defense against his advances, and claimed she had the right, by law, to use deadly force to protect herself against rape, regardless of her previous sexual relations with him. Though, because of the southerners' hate of the slaves and their desire to treat them as inferiors, they did not deliver the evidence necessary to acquit her for her "crime." Having lost the trial, Celia's attorneys filed a motion to request a new trial on October 11th. However, Judge Hall denied the motion on October 13th and Celia was sentenced to be hung on November 16th. She was given this time before being executed to birth her child, as law stated that pregnant women could not be executed. This shows that there is a bit of equality between women when dealing with court systems at this time, ... Get more on HelpWriting.net ...
  • 50.
  • 51. How To Judge Pyncheon Family In Nathaniel Hawthorne's The House of Seven Gables, the unfortunate life and history behind the once– wealthy and cursed Pyncheon family is exploited. Due to selfishness and greed over a plot of land to build what is known as the House of Seven Gables, bad blood came about between the Pyncheon family and the Maule family. The novel picks up over a century after the murder of the man who stole the plot of land from the Maule family, Colonel Pyncheon. The main character, Hepzibah Pyncheon, lives alone in the House of Seven Gables while her brother, Clifford, is in jail for the framed murder of their uncle. Jaffrey Pyncheon, their cousin, is the wealthy yet greedy judge that accused and framed Clifford for this murder. Regardless of the negative reputation that sits with the Pyncheon family, characters such as Clifford, Hepzibah and Phoebe all act as silver lining to this preconceived negativity; this emphasizes that society must understand that individuals have the power to shape their own destiny rather than to simply accepting a predetermined fate. ... Show more content on Helpwriting.net ... Innocent and confused, Clifford begs to be left alone yet Judge Pyncheon continues to threaten him. The contrast between Clifford's innocence and Judge Pyncheon's greedy actions goes to show that a "curse" or a negative family history has no direct effect on an individual. Although Judge Pyncheon is carrying on the trend of a tainted family name through his selfishness, the reality is that Clifford's innocence goes to show that individuals have the power to the direction of their ... Get more on HelpWriting.net ...
  • 52.
  • 53. Essay on law: leaving behind the inquisitorial system Leaving behind the Inquisitorial System 29/11/2012 In the modern world, competition is the bond that holds society together. Every person can relate to it whether that competition is within a sport, video game, or a court hearing. The Canadian legal structure operates on the adversarial system. Neil Brooks defines an adversarial system as one in "which the parties and not the judge have the primary responsibility for defining the issues in dispute and for carrying the dispute forward through the system" (Brooks, The judge and the Adversary system.p.341–353). Within the adversarial system the judge has less of a role. He's passive due to his lack of participation in the fact–finding. Its opposing system is the ... Show more content on Helpwriting.net ... The second aspect of party–autonomy is that the parties have the responsibility for defining their dispute (Brooks, The judge and the Adversary system.p.341–353). The judge will not insist an anterior dispute that might further the case. For instance, if the offender is charged with recklessness, but he should be charged for manslaughter then the judge will not insist the victim change the dispute. Party–autonomy reflects the laissez– faire philosophy, in a sense which it is free from government control. The second branch is party–prosecution. Within this premise the parties are able to choose the manner they wish to present their case (Brooks, The judge and the Adversary system.p.341–353). There are two big assumptions associated with party–prosecution. Firstly, the legitimacy with adjudication is enhanced if it's used within the adversarial system, and secondly, the more accurate fact–finding would take place since the parties would be operating on motivation (Brooks, The judge and the Adversary system.p.341–353). Both principles are legitimate because it's in line with the liberal idea that every individual should be left alone to operate on his own accord (Brooks, The judge and the Adversary system.p.341–353). The inquisitorial system differs from adversarial in 5 different ways. The ... Get more on HelpWriting.net ...
  • 54.
  • 55. Masciantonio Case Note and Critique Essay Case Note & CritiqueMasciantonio v The Queen (1995) 183 CLR 58 Case Note Appellant: Mr. Giovanni MasciantonioRespondent: The Queen Court & Year: High Court of Australia 1994 – 1995 Relevant Facts: Appeal from the Supreme Court of Victoria. 19 June 1991 Giovanni Masciantonio had a heated altercation with his son–in–law Maurizio Femia. Altercation resulted in Mr. Femia's life. Fatal wound being a severed aorta (known as wound 5). Giovanni Masciantonio was convicted of murder in the Supreme Court of Victoria. O'Bryan J trial judge. The defence argued provocation. An appeal was put before the Court of Criminal Appeal Victoria. Reason for the appeal was that the judge had failed to mention provocation to the jury ... Show more content on Helpwriting.net ... Brennan, Deane, Dawson and Gaudron JJ concluded that the appeal should be allowed and a retrial ordered. Issues: Whether an ordinary person could have regained the self–control in the time between the first and second stage events? Why did the trial judge not direct the jury to the option of provocation as a defence from the jury's consideration during the second stage of the event? Was there a miscarriage of justice? Decision: Appeal Allowed Retrial Ordered. Ratio: The trial judge inadvertently or not, effectively withdrew from the jury's consideration the issue of provocation at the second stage of events and since the appellant's loss of self–control may have continued to that stage, there cannot be said to be no miscarriage of justice. Obiter: That a reasonable jury could conclude the appellant was acting under provocation. Upon the evidence it was open to a jury, properly directed as to the law, to reach that conclusion. Majority Judgments Brennan J Deane J Dawson J Gaudron J Minority Judgments McHugh J Critique The case of Masciantonio v The Queen (1995) 183 CLR 58 ('Masciantonio') is a High Court of Australia decision from 1995 that deals with jury direction and provocation and whether the original trial judge caused a miscarriage of justice when he 'inadvertently or not, effectively withdrew from the jury's consideration the issue of provocation' or whether 'provocation ought not to have been left to the jury at all.' Another issue ... Get more on HelpWriting.net ...
  • 56.
  • 57. Special Treatment for Celebrities: The Law Should Apply to... Ever picked up a newspaper and read about a celebrity drive while being drunk, then they get pulled over are accused of being offensive to the arresting officer and other people. then several weeks later you hear about this same person being only charged with a minor offense when you remember it was a DUI (driving under the influence). Why does the law help these celebrities. Being a celebrity exposes them to the public, and many celebrities take advantage of this in many ways. from endorsing sportswear to sunglasses, sometimes you even see them supporting politicians. Regardless of their interest this is important because they are trusted by their fans and are believed to be a person with morals and integrity. Sometimes you can turn on ... Show more content on Helpwriting.net ... After the officer finishes and declares that you are driving under the influence you are charged with DUI and placed under arrest. A DUI arrest can lead up to at least 6 months in county jail, $500 to $1000 dollars fine, 12 months of probation, vehicle impound and license revocation from 6 months up to a year. and sentencing gets tougher if there is a minor in the vehicle with you(Tager Law Firm) . Now what do you think happens when a celebrity is charged with DUI, same laws should apply but the truth is it does not. Many have been the cases that involves a celebrity in a DUI and they get away with ridiculous reasons, such as Khloe Kardashian served less than three hours of her 30 day sentence for overcrowding reasons. I am well aware of the overcrowded jail problem, but I refuse to believe that she was next in line to be released(people.com). Not only some of these celebrities receive lesser sentences some also act like they are above the law. Not showing up to court is punishable by law and yet you can see them missing them all the time. why is this not enforced, what is the message our justice system. enough people think that this justice system is a joke, and sometimes it really seems like one. Makes one if all it takes is an autograph and a picture to get off the hook. thing like that angers the American population ... Get more on HelpWriting.net ...
  • 58.
  • 59. Important Characters in “Abina and the Important Men” by... Do you think besides literature have another ways to display history? Can historians show you the picture about the historic event instead of imagining them by yourselves? "Abina and the Important Men" is a graphic history book, so the authors not only gives readers literal record but also give images to illustrate the history. The story happened in west Africa in 1876. In story includes phenomenon of the society, and certain African cultures. Abina Mansah, Quamina Eddoo and William Meltonare most important characters in the story because they represent different hierarchies in the society and display different condition in these hierarchies. Abina is a main character in the story. She reflects most African girls living in a low social status. The first reason that she is a very important character in the story is she escaped from her master to find help. In that period, British issued a law that slaves are repealed. Because British controlled West Africa, the citizens needed to comply with the law. However, Abina was sold to Quamina Eddoo by her older master even though she did not see money transactions. When her new master compelled her to marry his servant, she escaped and find James Davis. She was a bright girl. She understood what the law was, so she did not surrender her master instead of found help. Even though she was in the lowest social status, she still ran for her right. Secondly, she prosecuted her master in a British court. Taking master to court was an ... Get more on HelpWriting.net ...
  • 60.
  • 61. The Work of the Magistrates Court and Magistrates Essays The Work of the Magistrates Court and Magistrates In the legal system there are many different types of courts. This essay talks about the Magistrates Courts and the Magistrates themselves. The office of magistrate dates back to the 12th century when Richard 1 appointed "keepers of the peace". They have performed judicial functions since the 13th century and the term, justice of the peace was being used as far back as 1361. Magistrates were in charge of the police up until 1839. Paid magistrates have existed since the late 18th century and they have had to be legally qualified since the mid 19th century, when it was decided they must be barristers. Lay magistrates in England and Wales, except in ... Show more content on Helpwriting.net ... There are five key qualities that are looked for in those applying to be magistrates, these are, understanding and communication, sound judgement and commitment, maturity and sound temperament, social awareness and reliability. They must also possess a good character and personal integrity. Before applying to become a magistrate you must visit a magistrates court when it is in sitting, at least once. If an applicant is employed, they must establish with their employer that they will be allowed to take a reasonable amount of time off work, to undertake the duties of a magistrate. Magistrates are not professional lawyers, in fact they may have little or no legal knowledge as they will receive training before and after their appointment. Also a court clerk always sits with the bench to advise them on relevant aspects of the law. Three magistrates sit at each case and there is no jury. The three magistrates are referred to as 'the bench'. One of these magistrates is called the chair and will always speak for the bench. The magistrates will hear issues on fact and law and then decide the final verdict and sentence. A magistrate must live in the local area of the court they would like to be considered ... Get more on HelpWriting.net ...
  • 62.
  • 63. Is there truly any justice in the novel The Stranger,... Is there truly any justice in the novel The Stranger, written by Albert Camus? Is there truly any justice in the novel The Stranger, written by Albert Camus? This is a question that naturally protrudes throughout the novel, as it is not abundantly clear what Meursault, the protagonist, was, in fact, put on trial for. At the beginning of the second part of the narrative, it is understood that he is put on trial for the murder of an Arab; however, it later comes to our attention that the murder was not the primary reason of his trial, and perhaps not even an essential one for that matter. The fact remains that Meursault was undoubtedly put on trial, not for the murder committed, but for being the way he was: unemotional through ... Show more content on Helpwriting.net ... The answer is simple: it does not relate to the murder of the Arab. Being the representative of society, the jury opposes Meursault and accuses him of not conforming to society's natural ways, and being what we nowadays refer to as the "odd one out". They exclude him from society for his odd clear–cut and sincere demeanor, and for his manifestation of an inexpressive character. Another example is the moment in which the magistrate, a local member of the judiciary having limited jurisdiction, especially in criminal cases, questioned Meursault. In this particular scene, the magistrate changes the topic rather abruptly from his love for Maman, to which he responded he loved "the same as anyone"(p. 67), to the murder scene. What followed was a vast discussion on Meursault's belief in God, which he felt rather apathetic about; however, the magistrate, waving a crucifix to his face refers to him as the "antichrist" (p. 71). And later, during the trial, the judge and the prosecuting attorney seem more intrigued by the fact that Meursault did not grieve at his mother's funeral and got involved with Marie the day after it, than the actual act that had been committed: the assassination of a man. The majority of the witnesses that had been called only supported the argument of his callous nature, as they very well knew that Meursault was frighteningly candid, and could not, or would not, create a ... Get more on HelpWriting.net ...
  • 64.
  • 65. Essay on Distinguishing Features of the Major Court Systems Distinguishing Features of the Major Court Systems Katie Van Alstine University of Phoenix Distinguishing Features of the Major Court Systems There are two kinds of courts in the United Stated – state courts and federal courts. Each one possesses their own distinguishing features. We will look at the key players at each level as well as jurisdictional rules, interpretation issues as well as the effect of evolving technology on court proceedings at each level. State courts are established by each individual state and within the state there being local courts that are established by cities, counties, and other municipalities. Federal courts, however, are established under the US Constitution and their main focus is to decide ... Show more content on Helpwriting.net ... Federal courts are limited to the types of cases that are listed in the Constitution and specifically provided for by the Congress. The types of cases mentioned above that are not permitted in the state courts are therefore tried in the federal courts. The defendant in the Commonwealth vs Huguely case was from the state of Maryland but the crime of Murder in the 2nd degree was actually committed in Charlottesville, Virginia, therefore the jurisdiction for prosecution lies with the Charlottesville County Circuit Court. George Huguely V was originally charged with murder in the first degree which he was acquitted of but later found to be guilty of murder in the 2nd degree and grand larceny. State courts handle a much larger volume of cases and have more contact with the public than the federal courts do. While federal courts do hear a much smaller number of cases, the cases they do hear tend to be of national importance. John G. Roberts, Jr. is currently the Chief Justice of the United Stated Supreme Court. In addition to Hon. Roberts, there are also Associate Justices, which may be a set number of individuals fixed by Congress. Currently that fixed number is eight Associate Justices. The power to nominate these individuals lies with the President of the United Stated and the appointment is made with ... Get more on HelpWriting.net ...
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  • 67. Presidents' Power to Persuade Essay Presidents' Power to Persuade The president of the United States of America is seen around the world to be the most powerful man on Earth. However, many believe that his only real power is the power to persuade. The checks and balances of congress and the Supreme Court over the president are great, and without their support he has relatively little power. A president cannot get any legislation passed if he does not have the support of the senate and or the house of representatives. If a president wanted the US to sign a new treaty, the senate would have to ratify it with a 2/3 majority. If a president wanted new legislation, he must submit it to congress and persuade both houses to vote for it. The ... Show more content on Helpwriting.net ... The president also has the power to appoint judges at district, appeal and Supreme Court levels. This is argued as an important power, but it has its limits. After the nomination to the supreme court which is the most superior of all courts, has been made, then the senate begins it's confirmation process. If the senate does not reach a simple majority, as seen with Bork for example in 1987. With this in mind, the president's power comes down to one thing: persuasion. This may be done in a variety of ways. The most sucessful way is to telephone individual congressman and try and pursuade them that way. President Raegan was extremely good at this. Another way is helping with legislation, i.e passing one piece of legislation and not vetoing it if congress passes his legislation. A simple trade. However, in actual fact the president has much more than the power to persuade. He has many options in a lot of areas, though one of them is persuasion, and is the main power under the circumstances of late Clinton for example, the others play a major part if a president has control of the senate and or the house of representatives. The most important power a president has is the power to appoint Supreme Court judges. This gives a president the chance to have their image in place for a long period of time, after they are ... Get more on HelpWriting.net ...
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  • 69. court analysis Essay Introduction The following assertion intends to provide an in–depth insight into my personal experience observing a trial in the Supreme Court of Victoria. This paper will outline a selection of many pressing issues noticed throughout my observation, more specifically those regarding the law and language in legal arenas along with symbolic and architectural traditions that reinforce prejudice towards those from a low socio– economic background and ethnic minority groups. Furthermore, it will argue how symbolism, architecture and practices within a court are in place to create a power dynamic and reinforce the courts British–'western' sovereignty and royal–like wealth which in turn intimidates members of the community especially from ... Show more content on Helpwriting.net ... The two most notable observations I made on my visit to the court were; Firstly, The traditional architecture and British symbolism which reinforced a segregation and exclusion of certain racial groups and economically disadvantaged individuals. And secondly, The technical legal language used within the trial and its consequences of exclusion for those who are uneducated, ethnic, from a low socio–economic background or those who are not legal professionals. pose these questions; How can a multi cultural society relate to, and have faith in, a legal system that has inbuilt prejudice stemming from a strong British–monarchical origin, and how can its laws enforce the illegality of racism?; Why would a system insist on truth transparency when it has created a loop hole to its own rules, by making their public conversations private through the creation of legal language? British Symbolism reinforcing Racism Ubiquitous throughout all court rooms and hoisted above the very entrance to the court was a symbol that intrigued me. It was a bold royal logo that I soon learned was the 'Royal Arms'. This pictorial symbol has been modified many times over nine centuries until Queen Victoria adopted a simplified version of the Royal Arms which are still in use today(Supreme Court of Victoria website). A crowned lion and a chained unicorn balance a shield which has on it, symbols derived ... Get more on HelpWriting.net ...
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  • 71. Essay on Juvenile and Adult Courts Juvenile and Adult Courts: A Comparative Analysis Zanetta Eave, Tasha Harris, and Lee Blackmon CJA/374 July 29, 2013 Cory Kelly Introduction The "Juvenile and Adult Courts: A Comparative Analysis" paper will compare juvenile courts with adult courts. This paper will present an overview of the juvenile justice system, a point–by–point comparison between juvenile and adult courts. The adjudication process by which a juvenile is transferred to the adult court system. This paper will also discuss the implications of the following for youthful offenders: The trend of increasing the use of waivers, and the trend of remanding juveniles to adult court for processing. The last topic addressed in this paper will be the societal implications ... Show more content on Helpwriting.net ... If a plea agreement is not reached, the case may go to an Adjudication Hearing (also called Fact–finding. All parties to the case, including the prosecution witnesses and defense witnesses, will be subpoenaed (summoned) to testify before a Judge. Witnesses may be excluded from the courtroom until they are finished testifying (Clallam County, 2011). The argument for this rule is to ensure that a witness is not influenced by the testimony of another witness. If you are a victim, you have the right to be present throughout the hearing. Since there are no jury trials in juvenile court, the Judge will determine whether or not the juvenile is innocent or guilty of committing a delinquent act after hearing the facts of the case. At the Adjudication Hearing, the prosecution and the defense may make opening statements to the Judge to explain the case. The Juvenile Prosecutor then presents the case against the juvenile respondent. It is the responsibility of the State to prove "beyond a reasonable doubt" that a delinquent act was committed and the juvenile respondent is guilty of committing the act (Clallam County, 2012). To meet this burden of proof, the Juvenile Prosecutor presents evidence and calls witnesses to testify. Witnesses are required to testify under oath and may be cross–examined by the juvenile's defense attorney. After the prosecutor presents the case against the juvenile respondent, the defense ... Get more on HelpWriting.net ...
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  • 73. Lokpal Bill KONERU LAKSHMAIAH UNIVERSITY SEMINAR PRESENTION TOPIC: LOKPAL BILL SUBMITTED TO: SUBMITTED BY: Dr. V.SARADA B.SEKHAR BABU M.C.A [2ND YEAR] Lokpal Bill is not a new word for Indian people. It is frequently used against corruption. Anna Hazare creates a new ... Show more content on Helpwriting.net ... As a part of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India and Lokayukta of Karnataka, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement drafted an alternate bill, named as the Jan Lokpal Bill (People's Ombudsman Bill) with more stringent provisions and wider power to the Lokpal (Ombudsman). Hazare has started a fast up to death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint committee of the representatives of the Government and the civil society to draft a new bill with more stronger penal actions and more independenceto the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by the Prime Minister of India Manmohan Singh. The movement attracted attention very quickly through various media. It has been reported that thousands of people joined to support Hazare's effort. Almost 150 people are reported to join Hazare in his fast. He said that he would not allow any politician to sit with him in this movement. Many social activists including Medha Patkar,Arvind Kejriwal and former IPS officer Kiran Bedi have lent their support to Hazare's hunger strike and anti–corruption campaign. This movement has also been joined by many people providing their support in Internet social media such as twitter and facebook. In addition to spiritual leaders Swami Ramdev,Swami ... Get more on HelpWriting.net ...
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  • 75. Inherit The Wind Essay In Jerome Lawrence and Robert E. Lee's tense drama, "Inherit the Wind", three strong characters express powerful opinions: Bertrum Cates , Henry Drummond, and Mathew Harrison Brady. First, Bert Cates, the defendant, is charged with teaching "Darwinism" to his sophomore class . Second, Henry Drummond, the defense attorney for Cates, displays his beliefs of the right to think. third, Mathew Harrison Brady, the "big– shot" prosecuting attorney, illustrates his bigotry of creationism. To conclude, these three essential characters are fighting for their personal beliefs. Primarily, Bert Cates, a 10th grade teacher, struggles to obtain his right to have an open–mind, and encourages others to do so. The defendant, simply tries to teach a lesson ... Show more content on Helpwriting.net ... He clearly values this when he explains to the judge "I am trying to establish, Your Honor, that Howard – or Colonel Brady – or Charles Darwin – or anyone in this courtroom– or you, sir – has the right to think!". Drummond feels strongly that the right to think is very much on trial and hopes that justice will be reached. In summary, Henry Drummond values deeply every human's right to imagine or give credence to anything. In addition, Mathew Harrison Brady, the prosecution, gives a strong opposing viewpoint to the morality of the issue. He believes every word of the book of Genesis, and can not comprehend any other possibility to the beginning of life. As he is unusually testified, he states, "Everything in the Bible should be accepted, exactly as it is given there". This rules out any other likelihood that something similar to Darwinism could have ever been imagined. Ultimately, Brady keeps an open and shut opinion to anything germane to life, morality, or creationism. In conclusion, the play "Inherit the Wind" is strongly influenced by characters Bert Cates, Henry Drummond, and Mathew Harrison Brady. Bert Cates is first given the guts to stand up for what he believes in, and peruse it throughout all of its hardships. Second, Henry Drummond helps defend Cates, establishing the fact that he and everyone else has the right to think. Lastly, Mathew Harrison Brady, displays his opinion that there is only one ... Get more on HelpWriting.net ...