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International Law V Torture in Post-War Iraq Thesis

… International Law v Torture in Post-War Iraq and U.S.' Liability

International and U.S. Law Against Torture and Other Ill-treatment

International and U.S. law expressly forbids torture and other forms of ill-treatment of any person in custody and in all circumstances (Human Rights Watch 2004). This law is applies to the United States' territory and anywhere else it has control. It is operational in times of peace as well as of armed conflict or a state of emergency. It protects any person, whether a citizen or a non-citizen, a prison-of-war, a "protected person," a "security detainee," or an "unlawful combatant." The law against torture and ill-treatment is, thus, absolute and this is set forth by the International Humanitarian and the Geneva Conventions, the Human Rights Law…. [read more]


Justice and Security Free Balance Essay

… Changes in technology and mass communication with the effects these have on the justice and security areas

Issues involving individual's rights and the needs of the justice system when maintaining order and public safety have been a controversial topic for many years. The Constitution has many who think it should be written to today's requirements in the world. The First Amendment is one of the hardest hit when it comes to public safety and individual's rights. When a person is out protesting, they could cause a riot due to the words they say. The two topics that this happens with are religion and abortion. Many street preachers who will say the God's words to any who will listen and many do not want to listen…. [read more]


International Commercial Arbitration Term Paper

… International arbitration settlements might prove to be cheaper compared to litigation as well, particularly if several nationwide legal courts are providing their services and input. Generally, international arbitration expenses are a lot more than the local arbitration proceedings though. However, this structure of international arbitration will probably be more affordable compared to worldwide litigation structures (Philip, 1997).

International arbitration usually is actually much less adversarial compared to international litigations structures and could much better in conserving company human relationships and networks as well due to its open and honest nature of discussions (Rozas, 2005).

Arbitration is actually progressively approved, accepted, through the majority of countries from the globe. Arbitration was formerly seen in the past in the U.S. (as well as within some other countries)…. [read more]


International Criminal Law Term Paper

… International Crime Law

The objective of this work is to Interpret Article 41 of the Vienna Convention on Consular Relations as it relates to the United States and other countries. Included will be a brief history of Article 41 of the VCCR and the courts ruling prior to Article 41. Also inclusive will be coverage of issues that have arisen from Article 41 with case examples. Lastly an analysis of the future of Article 41 will be performed by the author of this work as well. The question of why the U.S. has certain sentiments concerning these laws will be explored.

The States Parties to the present convention states that historically even since days considered ancient, consular relations have been the norm between peoples of…. [read more]


Law Enforcement Differences Between Various Essay

… FBI should use its expertise to focus on specific criminal activity (e.g., cybercrime, financial crime, identify theft) that affect multiple jurisdictions, and possibly reduce its emphasis in large cities, and in consultation with local law agencies, on bank robberies, violent crime, gangs and street-level drug sales (Raine, 1994). The tenure of an FBI Special Agent in Charge (SAC) in field offices should be increased to five years to provide stability and expertise to oversee long-term efforts. The FBI should also develop a best practices guide for SACs on building local partnerships and succession planning. Local law enforcement personnel must be trained on state laws and ordinances that would limit intelligence collection and retention efforts. SACs need more resources and flexibility in determining investigative priorities. FBI…. [read more]


Criminal Justice Administration Mainly Focuses Essay

… Despite the existence of these assorted challenges, most judicial institutions have managed to forge cordial relations and cooperation towards realization of justice to all criminals in a state or country (Gaines & Miller 2013).

My decision to choose the manager for the interview came about owing to his vast knowledge in matters of enforcement of criminal justice. Administration of justice to criminals must follow due process of the law (Neubauer 2011). Hence, the manager notwithstanding his experience and expertise in this unit is more candid to provide information without apprehension. Under the administration of criminal justice, only personnel with vast knowledge and experience in matters of law and criminal justice have direct consent or permission to comment and even proceed to give sensitive information (Neubauer…. [read more]


Criminal Justice: Corrections Essay

… Criminal Justice: Corrections

The objective of this work is to briefly explain the background of the military commission controversy including relevant supreme court cases and to determine whether the U.S. government should get rid of military commissions, close Guantanamo Bay and place 'the enemy combatants on U.S. soil with full regular criminal trials' and then to explain this position.

The Facts

The New York Times states in its May 9, 2009 article entitled: "Military Commissions" that the military commissions "…rose to new prominence after the September 11th attacks due to President George W. Bush's decision that terrorism suspects would be considered enemy combatants who would be tried by military tribunals rather than in civilian courts." The system of tribunals was created by the Bush administration…. [read more]


Criminal Investigation Investigative Task Force Research Paper

… Once the item has been collected, it has to be stored properly (Burgess, Roberts, & Regehr, 2009). Failure to store the item in the proper manner can damage the investigation, and even render the evidence unusable (Deflem, 2006). The chain of custody must be clearly transferred from the person who collected the evidence to the person responsible for storing the evidence, in order to establish that the evidence has not been damaged or tampered with in any way (O'Hara & O'Hara, 2003). During the time the evidence is stored, it will be considered to be protected, but if anyone on the task force or from any agency needs to take the evidence out of storage for examination, testing, or other study, the chain of custody…. [read more]


Criminal Justice Field Research Paper

… Criminal Justice Field

Define what an experiment is and how it is useful in the field of criminal justice research.

Since the beginning of the discipline, quantitative methods have supplied the primary research methods for studying the division and causes of crime. Quantitative methods provide many ways to attain data that is useful to many facets of society. The use of quantitative methods such as survey research, field research, and evaluation research can help criminologists to assemble dependable and valid data. The data can be used by criminologists and other social scientists in order to make causal statements about variables that are being researched (Weisburd, 2000).

Some scholars think that experimental research is the best kind of research to use to evaluate cause and effect.…. [read more]


Justice System Juvi Death Penalty in Roper Term Paper

… Justice System Juvi Death Penalty

In Roper v. Simmons the Supreme Court of the U.S. struck down the juvenile death penalty, making it unconstitutional for any American body including state and federal justice systems to utilize the death penalty in any penalty phase of a trial that's defendant was younger than 18 at the time of the commitment of the crime that warrants the death penalty. The court in the majority opinion, written by Justice Kennedy stated that the decision was heavily weighted by international legal opinion.

The opinion of the world community, while not controlling our outcome, does provide respected and significant confirmation for our own conclusions." -- Justice Kennedy, writing for the majority in Roper v. Simmons (1)"[T]his Nation's evolving understanding of human…. [read more]


International Law Assess the Legality Seminar Paper

… International Law

Assess the legality of the 2003 American invasion of Iraq in the context of the United Nations Charter provisions governing the use of force. Does the legal position adopted by the United States on the Iraq war a signal the emergence of new norms governing the use of force under International treaty or customary law? Make sure to incorporate the relevant assigned readings into your answer

invasion of Iraq was in violation of Article 2 of the UN Charter. This states, "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations."

When you apply this…. [read more]


International Law and Human Trafficking Thesis

… International Law and Human Trafficking

Human Trafficking in the World

Human trafficking is the forcible transport of persons to other countries to render sexual or other services (Herro 2006). About half of those abducted are girls of minor age. Despite the reluctance of many governments to admit involvement in human trafficking, the U.S. State Department said 600,000-800,000 men, women and children are trafficked worldwide. A 2006 United Nations report said that almost all countries in the world are affected or involved. Director Carol Yost of the Asia Foundation's Women's Empowerment Program described human trafficking as ultimately a human rights issue. She also said, however, that the campaign against this violation had achieved some gains in Asia, initially through raised awareness through the media. Laws in…. [read more]


Criminal Court System Evolution Term Paper

… More often, the prosecutors' role is to facilitate prompt adjudication by drafting an offer known as a plea bargain, pursuant to which the defendant (usually through his attorneys) agrees to plead guilty to a lesser (usually included) charge of the criminal complaint in lieu of a trial on the substantive issues of guilt or innocence.

The United States Supreme Court:

The United States Supreme Court retains (ultimate) appellate jurisdiction over all other civil and criminal courts, in addition to original jurisdiction over disputes between states and exclusive original jurisdiction over all matters concerning foreign consuls, ministers and ambassadors. Another essential function of the Supreme Court is to reconcile different state's supreme courts' interpretation (and procedural application) of federal laws and the Federal Rules of Criminal…. [read more]


Criminals Face Court Every Term Paper

… Several studies have determined predictor variables that help determine which defendants are competent or incompetent. In a study by Hubbard, (2003), he states: "The analyses suggest that none of the three sets of predictor variables -- demographic, criminal, and psychiatric -- taken alone significantly outperforms the other. However, psychiatric variables performed slightly better than demographic and criminal variables in correctly classifying unrestorable defendants" Hubbard, 2003, pp. 145-155). These variables together help "speed up" the process as well as more efficiently determine the mental state of defendants. There are other measures in place to assist with the process of determining.

One such measure is due process. "Due process also requires that defendants not be tried if they do not have a sufficient present ability to help…. [read more]


International Court of Justice Essay

… After the positions have been articulated by both parties and all the evidence produced and examined the court supplies a ruling on the issue. The decision is usually a majority opinion. It is also possible that judges may produce dissenting opinions when they disagree with the ruling of the court or they may give a separate opinion when there is discord on the reasoning of the court. There is no mechanism of appeal to a decision of the ICJ.

The ICJ has two types of jurisdiction over its members. It may give rulings in contentious cases or it may provide advisory opinions to members. When there is a contentious case before the court it is there because the member countries could not resolve the dispute…. [read more]


Criminal Law Summarize Case Study

… The jury had to find reasons as to why they returned. Evidence of the defendants being submitted to harsh conditions should have been submitted to the jury (Robinson, 2009).

Define disorderly conduct.

Disorderly conduct is a situation where a person gets involved in a fight, makes unnecessary noise even when asked to stop, and interrupts with lawful assembly of people intentionally and knowingly.

Part 2

Will the government be successful and obtain a conviction? Explain your answer.

In this case, a threat has been communicated through email. Under the federal law, it is a serious crime to issue threats to government officials. This crime is categorized as a class D or C. felony: it attracts a maximum penalty of 10 years. When such threats transcend…. [read more]


Legal Environment of Business Term Paper

… Legal Business Environment

Legal Environment of Business

Modern businesses have to operate under a variety of laws and regulations. The business manger has to ensure that all federal and state mandate laws are followed to avoid litigation and penalties. In addition to the laws on the books the businesses also have to be sensitive to the public opinion and ethics. Some of the ethical issues are covered by law but others may be related to the public image of the company and may be of equal importance to some businesses.

TRENDS IN LEGAL DECISION-MAKING

Interaction between Ethics and Law

As ethics and law increasingly become interwoven, it is becoming more and more difficult to create distinction between the two. Both ethics and law deal with…. [read more]


International Relations Political Science Term Paper

… International Relations -Political Science

The issue of the international law, of the human rights, and of international justice is one of the most debated areas of discussion in the world right now. This is largely due to the fact that the 9/11 terrorist attacks raised a different set of questions related to the issue of human rights as opposed to the right of self-defense. The facilities from Guantanamo Bay in Cuba are relevant for pointing out the fact that there is a need for a coordination of factors that would enable the U.S. Administration to better deal with the issue of terrorism. At the same time however, human right are the doctrine of the new century; in this sense, the prison in Guantanamo poses serious…. [read more]


European and International Environmental Laws Essay

… RCRA, like CERCLA, has provisions to require cleanup of contaminated sites that occurred in the past.

The E.U. Strategy

According to a paper prepared for the conference on European Management of Globalization (Feb.23, 2007 at Princeton University) by R. Daniel Kelemen of Rutgers University, called, Globalizing EU Environmental Regulation, globalization has generated two main threats to environmental policy in Europe.

Firstly, there is the so-called race-to-the-bottom pressure. EU member states have among the world's toughest environmental standards, and those rules impose costs on European firms that their competitors in non-EU jurisdictions do not encounter. Ibid.

Thus, the further liberalization of trade between EU member states and environmental laggards around the world, it is argued, will generate a regulatory 'race-to-the-bottom', coercing EU member states to devolve…. [read more]


International Law in the Modern World Term Paper

… International Law in the Modern World

The role of international law has become more imperative and important in our world than ever before. Possibly one of the most prominent issues and the greatest threat to world peace today is the problem of nuclear proliferation. This is one of the areas of particular concern for International law and international legal institutions. In an article entitled Building Global Peace in the Nuclear Age by David Krieger (2006), the author correctly states that, "The Nuclear Age has made peace an imperative. If we fail to achieve and maintain global peace, the future of humanity will remain at risk" (Krieger). The maintenance of global peace is the fundamental task and challenge of internationals legal institutions

However, this is not…. [read more]


CJ 205 Juvenile Justice Term Paper

… Juvenile Justice System

Do you believe there is a growing common consensus that juveniles are somehow less culpable for their crimes since they have not been in this world as long as an adult or do you believe that there is growing common consensus that juveniles are just as guilty as an adult when they make a conscious decision to commit a crime? Explain.

From the early stages of the development of criminal justice system in the United States, there has been a distinction between adult justice system and the juvenile justice system. Otherwise, there would be no need to talk about juveniles as a separate category. The issue for a long time was different in practice, juveniles being punished in the same way adults…. [read more]


Criminal Justice Juveniles Research Paper

… (Johnson and Tabri, Page 2 -- 3)

People think that juveniles with life sentences would improve their health and their character if the possibility of parole existed to be something for them to work towards while imprisoned. LWOP is another form of death. Others who argue against LWOP for juvenile declare that LWOP diminishes the health of juveniles in many ways, many of which, lead to premature death.

According to Monahon (2009), juveniles are vulnerable because of their size, lack of experience in the system, and lack of peer support groups. Compared to youth in juvenile facilities, juveniles incarcerated in adult prisons are five times more likely to be sexually assaulted, and almost twice as likely to be attacked with a weapon by inmates or…. [read more]


Gun Control Laws Research Paper

… " (Liptak, 2008, p.1) According to Professor Kleck, the "period it studied was too short and the suburbs were a poor point of reference. The place most like D.C. is Baltimore…It's a virtual twin city." (Liptak, 2008, p.1)

Krouse

The work of William J. Krouse (2012), a specialist in Domestic Security and Crime Policy, entitled "Gun Control Legislation" reports Congress has debated the efficacy and constitutionality of federal regulation of firearms and ammunition, with strong advocates arguing for and against greater gun control. In the wake of the July 20, 2012, Aurora, CO, theater mass shooting, in which 12 people were shot to death and 58 wounded (7 of them critically) by a lone gunman, it is likely that there will be calls in the…. [read more]


Incorporating Restorative and Community Justice Into American Sentencing and Corrections Article Critique

… Restorative Justice

Evidence

Evaluation

Bibligoraphy

In criminal justice, new interventions targeting crime control and reduction are constantly being developed and implemented. The recent intervention that is notable is Restorative Justice. This paper will thus critique this particular emerging intervention and focus on answering questions like: What is Restorative Justice? What is Community Justice? Should Restorative and Community Justice Be incorporated into the Criminal Justice System?

In criminal justice, new interventions targeting crime control and reduction are constantly being developed and implemented. The recent intervention that is notable is Restorative Justice. Regardless of the enhanced attention provided recently to the concept of restorative justice, the principle still stays rather bothersome to specify as many feedbacks to criminal habits could fall under the supposed corrective umbrella. The…. [read more]


Law Enforcement Benefits of GIS Essay

… Mapping for tactical purposes is more for immediate uses. This technique is defined as "An analytical process that provides information used to assist operations personnel (patrol and investigative officers) in identifying specific and immediate crime trends, patterns, series, sprees and hotspots, providing investigative leads and clearing cases" (Johnson, 2000). Tactical policing helps police map out the crimes an individual has committed over a short period of time and attempts to "place" the individual or group in a centralized location.

Geographic profiling is another use for GIS that closely mirrors tactical uses. It is a more immediate use for the technology that can assist agencies with "forecasting an offender's residence or next crime target based on history and patterns" (ESRI, 2007). This technique allows law again…. [read more]


Evolution of Commercial Law From the 18th Century to the Current International E-Commerce Era Research Paper

… ¶ … evolution of commercial law from the eighteenth century to the current international e-commerce era, with an eye towards specific crises and responses that led to formation of the current system of general commercial law. These crises include the conflict between national law and the law merchant during the eighteenth century, the emergence of negotiable instruments in the early nineteenth century, the importance of new forms of insurance during the middle of the nineteenth century, the consolidation and monopolization of the Industrial Revolution, and the global effects of the internet on commerce and copyright. Tracing these crises and the legal system's response allows one to better understand how the evolution of commercial law is constituted by a mixture of disruptive change and long-standing legacies,…. [read more]


Corporate Civil Procedure and Constitutional Law Term Paper

… Gilbert Law Summaries: Constitutional Law by Jesse Choper

The United States Constitution is the foremost legal authority for laws created in the United States. Though the Constitution is a federal document, it applies to all laws at every level in the United States. Therefore, any law that fails to comport to constitutional standards is illegal. The Constitution specifically prohibits certain types of laws and also dictates which branch of government has the power to enact certain types of legislation. This essay provides a brief overview of several of the key factors in constitutional law, including the areas where a practitioner is most likely to encounter constitutional issues.

Powers of the Federal Government

While the Constitution appears to establish the supremacy of the Supreme Court's decisions,…. [read more]


Harmonization of International Civil Procedure Term Paper

… 3] [12: Garnett (2009) p.4] [13: Garnett (2009) p.5]

V. Civil Procedure

The principles of Transnational Civil Procedures are principles stated to be "equally applicable to international arbitration, except to the extent of being incompatible with arbitration proceedings. The court and judges are reported as being required to hold judicial independence to hand down a decision on the dispute in accordance to the facts and the law and to be free from improper internal and external influences.[footnoteRef:14] Judges should have "reasonable tenure in office. Nonprofessional members of the court should be designated by a procedure assuring their independence from the parties, the dispute, and other persons with an interest in the resolution. The court should be impartial and the individual holding decisional authority should not…. [read more]


International Court Thesis

… ¶ … United States Accept/Reject International Criminal Court

Abstract the International Criminal Court has been empowered with the authority to prosecute crimes against humanity, war crimes, aggression, and genocide. The creation of the court as an international body instilled with powers to prosecute these crimes followed the extensively documented acts of genocide in the former nation-state of Yugoslavia, and Rwanda. While the Clinton Administration took the initial steps in 1998 by signing on to endorse what is the authorizing power of the court, the Rome Statute, President George W. Bush repudiated Clinton's signature on the basis that participation in an international court would circumvent U.S. courts, and would cause U.S. citizens to lose the rights afforded them under the Bill of Rights of the U.S.…. [read more]


Criminal Justice Legal Issues International Law Term Paper

… Criminal Justice Legal Issues

International Law

Legal Systems

There are four types of legal systems in existence in the modern world: civil law, common law, customary law, and religious law. All four types of legal systems have lengthy histories and share some common elements. In addition, one can see the overlapping influence of different legal systems in each different type. In fact, some countries actually have hybrid legal systems. The most common pure legal systems are those based on civil law, which derived from the Roman system of law and is associated with much of Europe and lands that were once under European control. The least common pure legal system is the religious system, though religious influences can be seen in almost every other type…. [read more]

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