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Nternational and Domestic Efforts Essay

… Finally, Priscilla Hayner's 1994 article, "Fifteen Truth Commissions" contextualizes what very well may have set the precedent for the ICC, truth commissions. This article provides the reader with vital information by explaining how truth commissions were initially set up, strictly to detail information and history regarding human rights violations that occurred in the past, and by presenting highly detailed synopses of the investigations and findings of several influential truth commissions that occurred before 1994. The primary conclusions that one can draw from this article is the severe limitations of the truth commissions, which are largely at the mercy of a host nation to provide evidence and documentation for its history of human rights violations.

One of the most salient points of all three readings was…. [read more]


Effects of Supreme Court Decisions Essay

… ¶ … Supreme Court Decisions

The Nature and Purpose of Counseling

Effects of Supreme Court Decisions

Effects of Supreme Court Decisions

The major tenets of criminal procedure are widely known and accepted by Americans. Criminal procedure can be defined as the rights that must be afforded to all suspects and defendants in the criminal justice system (Luna, 1999). It can be viewed as the manner in which the government imposes criminal law. Criminal procedures exist on many levels including local, state, and federal government, each of which has its own criminal codes and definition of crime (Luna, 1999). Federal crimes are typically viewed as those which impact federal interests or involve activities that are outside of the scope of the boundaries of the particular state.…. [read more]


Criminal Justice System Australian Essay

… The result is that over the last two decades of the "War on Crime" we have witnessed an erosion of the principle that juvenile offenders should be treated more leniently than adults (Sallmann & Willis, 2003). The "get tough" movement has tried to include these juvenile offenders within the ambit of the adult criminal justice system. An example of this "get tough" movement is legislation from California [Proposition 21].

The populist response to crime by juveniles has consisted of an attempt to dismantle the separate system of justice that has been created for juvenile offenders. Populist politicians have used the fact that juveniles receive mitigated punishments (compared to adults) to argue that juvenile sentences are too lenient, as though the adult disposition were the norm…. [read more]


Comparative Study of Justice Thesis

… ¶ … Justice

"Each country has different views on parenting, and we are studying how to resolve the issue"

Foreign Minister Katsuya Okada (Okada, as cited inYamaguchi, 2009).

"Japan to keep TN man in custody longer for snatching own children," the October 10, 2009 headline of an article published in the Tennessean, written by Mari Yamaguchi, Associated Press writer, sets the stage for this comparative study of justice paper. After attempting to bring his two children back home to the United States where he, not his ex-wife, Noriko, has legal primary custody, Christopher Savoie, of Franklin, Tennessee, was incarcerated in Yanagawa, located in the southwestern part of Fukuoka, Japan. In this comparative study of justice paper, the researcher evaluates and discusses components of this child…. [read more]


International Court of Justice and Its Stance Essay

… ¶ … International Court of Justice and Its Stance on Resolution of Legal Disputes Connected to a Broader Political Dispute

This work examines the International Court of Justices' stance in relation to its avowed non-refusal in resolving legal disputes that are connected to or part of a broader political dispute. This work focuses on the critical analysis of whether the International Court of Justice (ICT) has adopted a convincing and consistent approach to this issues of justicability. The International Court of justice handles two types of cases: (1) Advisory proceedings - on legal questions referred to it by UN organs and agencies; and (2) Contentious proceedings - when the dispute is brought before the Court by a unilateral application filed by one state against another…. [read more]


Causes of Juvenile Delinquency and the Best Strategies and Interventions Designed to Stop Term Paper

… Juvenile delinquency is a term that has many meanings throughout time and it is one that is often misused. In its technical sense juvenile delinquency is a term utilized to describe a lawful violation by a youth (Smith, 2008). Many of these law violations only exist for youth and are considered to be status offenses such as truancy, disobedience, running away, and violating curfew. These are only violations of the law when committed by youth but would not be unlawful if committed by an adult. Yet there is also an increasing amount of serious crime committed each day by juvenile offenders, particularly those between the ages of 15 and 19. Prevention and intervention strategies have done little to curb the continued rise in crime by…. [read more]


Deportation as a Crime Against Humanity Thesis

… Deportation as a Crime Against Humanity

General considerations on crimes against humanity

The judicial concept of crimes against humanity has always been historically difficult to define, because of several reasons. Both main terms in the concept are hard to place in a certain context and in a framework that can have general acceptance of the elements that, put together, could be indicted on a charge of crimes against humanity. Starting with the end of the 19th century and the beginning of the 20th century, the concept of humanity and related terms such as humane or inhumane (treatment or approaches) came to develop the general perspective on what could later be termed as crimes against humanity and the conditions that a crime would need to meet…. [read more]


Anticipatory Self-Defense in International Law Term Paper

… Anticipatory Self Defence in International Law

The concept of anticipatory self defence in international law has become more prominent and has grown to be a dominant topic of discussion in recent years. The attacks on American soil on September 11, 2001 can be said as the primary reason behind the growing importance of anticipatory self defence. The event saw the passenger airlines being hijacked and used to target the destruction of important and strategic New York and Washington buildings i.e. The World Trade Center and the Pentagon. It wasn't a surprise that the U.S. reacted with aggression and force by initiating the war on terror under the reign of President Bush. This war was launched against the territories and nations that were known to have…. [read more]


Juvenile Death Penalty Term Paper

… Juvenile Death Penalty Sentencing Is Cruel and Unjust Punishment

In America, twenty-five states permit the execution of juveniles, twenty-one states set the minimum age for execution at 16 and four states at set it at 17. No other Western country, no other industrialized state, and in fact no other democracy in the world allows juveniles to be executed. In fact, since 1990, the United States joins only Iran, Nigeria, Pakistan, Saudi Arabia and Yemen as nations that have executed children. With nine executions of juveniles since the year 1990, the American criminal justice system executes a larger number of children than the rest of the Earth combined. In fact, just the state of Texas, with five juvenile executions since 1990, executes more children than any…. [read more]


Grand Corruption Is a Serious Thesis

… 63, 2). One of its tasks will be to "review periodically the implementation of this Convention by its States Parties" (Argandona, 2007)."

The monitoring process is a long-term program that must be modified to meet the needs of changing situations and the learning processes of the parties (Argandona, 2007). This process must possess an elevated rate of State Party cooperation along with a competent, appropriately resourced Secretariat (Argandona, 2007). It is essential to encourage the compilation and publication of data concerning anti-corruption efforts in various nations (Argandona, 2007). This information is needed to promote transparency during different stages of the process (Argandona, 2007). Additionally sensible restrictions must be established concerning what can be achieved (Argandona, 2007). The States Parties must create political support for the…. [read more]


Overcrowding in Prisons: Impacts Research Paper

… And conversely, when those African-American men are released from overcrowded prisons (in certain cases some inmates are released prior to the time they were sentenced for because they were not convicted of violent crimes and judges have ordered prisons to reduce crammed facilities), the "vast majority will return to the same communities" (smith, 388). This in turn puts "additional strain on already scarce resources" in the communities they came from and want to return to.

In other words, the PIC has a recent legacy of overcrowding, and in the process the PIC "exploits African-American men by extracting their labor" below fair market wages, and then by returning them to their communities where socioeconomic resources are already depleted (Smith, 389). On page 389 the authors use…. [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]


Law and Social Justice Term Paper

… ¶ … Social Justice -- Kantian Paradigm

The United States Supreme Court made a judgment in 1976 to allow the fifty states to reinstate capital punishment if they wish to. The state that has put the most convicted criminals to death is Texas. A New York Times article in October, 2011, points out that in his 11 years as Texas Governor, Rick Perry -- a candidate in the Republican Party for president of the United States -- there have been 236 people put to death through capital punishment. Although the governors in Texas do not have a firsthand role vis-a-vis decisions about who dies in Texas' capital punishment cases, Perry made one very controversial decision in 2004. He refused to commute the death penalty for…. [read more]


Death Penalty Evolution Essay

… The court's reasoning was that juveniles have less culpability than adults and, as a result, the goals of the penal system such as retribution and deterrence are not met by executing minors (Roper v. Simmons, 2005). The Supreme Court's decision in Roper v. Simmons (2005) indicates the court's willingness to consider the value of capital punishment in serving the objectives of the penal system.

The Supreme Court has heard numerous cases regarding capital punishment in the past 50 years and it is unlikely the cases are going to stop while the death penalty is still in existence. The Supreme Court originally focused on refining how capital punishment was administered with cases such as U.S. v. Jackson (1968) and Witherspoon v. Illinois (1968). When it first…. [read more]


Privacy Rights Term Paper

… Privacy Rights

In the case of Wilson vs. Layne that was argued in March 24, 1999, and was decided in May 24, 1999, the privacy rights of the citizen, Charles Wilson were challenged when he was interacting with the police, and he was filmed during the act by the media. In fact, Charles Wilson challenged the constitutionality of the arrest procedure that was conducted on his own son by the federal and the state authorities. His claim was that the police had in fact invited the 'media ride-alongs' to watch the fun, so to speak, when the officers would produce their arrest warrant, and when they would subsequently arrest the son. Charles was of the opinion that the officials had violated his Fourth Amendment Rights…. [read more]


Peacemaking Criminology Term Paper

… Peacemaking Criminology

The first difficulty in assessing peacemaking criminology (PMC) begins with identifying a clear, reasonably encompassing definition, or even isolating a group of precepts that binds adherents. The PMC perspective is not a theory, because it lacks an identifiable core of readily testable postulates or claims, contains more vision than explanation, and does not seem amenable to modification when confronted with contentious factual or other challenges. In fact, many advocates of the perspective seem to avoid addressing criticisms. It is not a systematic philosophy, because it contains no well-articulated premises or rigorous method for critiquing, testing, or advancing knowledge. Although identified with the discipline of criminology, peacemaking criminology is not a discipline, because it possesses no integrating set of systematic theories or method or…. [read more]


Imposition, Abolition or Return Term Paper

… Crime prevention campaigns should be a regular fare in schools, communities, offices and homes. Everyone should be made more aware and more involved. By getting both the law enforcers and the private citizen cooperating, there will be greater vigilance towards crimes, especially serious ones. Crime reporting should be made easy, immediate and fast for everyone.

Congress should legislate on the exemption of youthful offenders from capital punishment. Judges and justices must update and upgrade their expertise, reason and knowledge of the law and everything else that will further reduce their margin of error in judgment. They should also exercise even greater caution in the appointments they make to the lower courts so as to avoid corruption and inefficiency.

The death penalty should be retained, but…. [read more]


European Courts Relating to Free Speech Research Proposal

… ¶ … EUROPEAN COURTS RELATING to FREE SPEECH and DISCUSSING MEIN KAMPF or NEO-NAZI IDEAS or ORGANIZATIONS, COMPARING to U.S. APPROACH and DISCUSSING POLICY IMPLICATIONS

The objective of this work is to discuss cases in European courts relating to free speech and discuss Mein Kampf or neo-Nazi ideas or organizations, comparing to U.S. approach and discussing policy implications. "Mein Kampf" was a work written by Adolf Hitler and is a work, which incidentally was and still in banned for sale in Germany. There is an "ongoing struggle over this 'vile text'" according to Paschal (2001) in the work entitled: "Unbanning Hitler." Paschal states of this work in writing that it would likely "...Certainly, it would offend many survivors if Mein Kampf were to be on…. [read more]


Practice What Examples Article Review

… In Tucson, Arizona, refugees who have experienced torture could received a furnished residence, rent subsidies, health care coverage, food assistance, English language classes, job training, access to local schools for children, and legal services. In Tucson, three groups were recently cited for littering the desert, as a way to discourage members from providing water to illegal immigrants. These groups, No More Deaths, Tucson Samaritans, and Humane Borders, argued that they were trying to save a few of the hundreds that die every year while attempting to cross the desert from Mexico into Arizona.

References

Cipes, Robert. (1966 Sep.). Crimes, confessions, and the Court. Atlantic Monthly. Retrieved 9 Apr. 2012 from www.theatlantic.com/past/docs/unbound/flashbks/oj/cipesf.htm.

Finn, Janet L. And Jacobson, Maxine. (2008). Just Practice: A Social Justice Approach to…. [read more]


Immigration and Customs Enforcement Thesis

… Immigration and Customs Enforcement

THE LONG ARM of the LAW

Immigration and Customs Enforcement or ICE is an agency of the Department of Homeland Security, which protects national security and promotes public safety (ICE 2008). It targets criminal networks and terrorist organizations hounding the immigration system and other criminal elements in the borders, federal facilities and other law violators elsewhere. Its mission is to make and keep America safer and more secure (ICE).

The organization performs this full range of responsibilities through five operational divisions (ICE, 2008). These are the Offices of Detention and Removal Operations, Investigations, Federal Protective Service, Intelligence and International Affairs. Fiscal Year 2007 was particularly outstanding in the implementation of its responsibilities. Its comprehensive interior enforcement strategy on handling illegal, criminal…. [read more]


English Right of Set-Off Term Paper

… And, according to the Court of Appeals, claims that are merely contingent at the relevant date, but are not "due" are not employed in a set-off.

The right of combination differs from the right of set-off because, unlike set-off which assumes independent obligations between parties, combination allows full balancing of all liabilities. Unless there is an express or implied agreement to keep accounts separate, even accounts that are different in nature have been considered to be automatically combined in determining the final balance upon insolvency. The cases do not seem to offer a perfectly predictable rule, but generally there is an implied agreement that a loan account in debit and a current account in credit should be treated as separate. Unlike the right of set-off,…. [read more]


Inter-Parliamentary Union and Its Role in Enhancing International Law Term Paper

… Inter-Parliamentary Union and Its Role in Enhancing International Law

Legal Status of the Inter-Parliamentary Union

The Development of the International Institutions

The Public International Unions

The Private International Unions

Historical background of the IPU

Brief Overview of the IPU Statutes (Assemblies and Committees, Members,

Functions, Goals and Activities)

The Relationship between the IPU and the United Nations

Beneficial Cooperation between the IPU and the United Nations (Common

Goals, Agenda and Concerns)

The Importance of the Recognition of the IPU Contribution

The Role the IPU Played in Implementing Decisions taken by the Assembly of the United Nations and the Implementation of the Millennium Development

Goals

The UN as a Framework of International Machinery for the Peaceful

Settlement of Disputes

What Role can the IPU Play in…. [read more]


Death Chamber Indeed Term Paper

… "

U.S. Death Penalty: Victims Seize the High Ground")

Indeed, it is not incorrect to say here that the above expressed belief of the anonymous family member of the victim is brutal, harsh, and, in many aspects, almost medieval. Nonetheless, the reality is that that may be truly how he feels, and, in a certainly light, while it may not be an enlightened or particularly caring form of feeling or belief, it may be a perfectly reasonable and justified understanding of the situation. Indeed, while it seems cruel to think of this family member wanting the killer to be humiliated, it makes sense, given that the killer's victim was most probably frightened and humiliated before being murdered as well. Thus, while it sounds strange the…. [read more]


Palestinian and Israeli Conflict in International Law Term Paper

… Palestinian and Israeli Conflict in International Law

History by itself and the differing views of history possibly play a very significant role in the conflict between the people of Palestine and Israel. Thus historical accounts and the interpretation of these accounts are made use of in the claims and counter claims of the parties in the dispute. "No two historians ever agree on what happened, and the damn thing is they both think they're telling the truth" (a Brief History of Israel and Palestine and the Conflict)

History of the Conflict from the Time of Creation of Israel

The UN General Assembly agreed to a plan November 29, 1947 for the division of Arab lands into the three parts of Israel Palestine and an internationally-administered…. [read more]


Capital Punishment and Sexual Crimes Term Paper

… Capital Punishment and Sexual Crimes

Sexual crimes and its impact on victims

Sexual crimes are a kind of crime involving forced sex, rape, child abuse, human trafficking, sexual harassment and sex with animals. Every country has differing levels of punishment for sexual crimes. Western countries are in general more tolerant to mild forms of sexual crime than other countries. A commonality when it comes to punishment is that there are stringent laws in every country to protect children and minors from sexual crimes and strict punishment is awarded to offenders.

Irrespective of the age of victim, sexual crimes have a profound impact on the victim's emotional health. Many child abuse victims end up with multiple personality disorders, extreme violent behavior, psychotic behavior, depression and other…. [read more]


Code of Ethics in the Department of Justice Term Paper

… Code of Ethics as Applicable to the Department of Justice

The topic of ethics from the aspect of a professional and scientific viewpoint has emerged as a topic of significant concern in recent years, both for the Department of Justice and for other organizations as well. Ethics is generally a term used to describe a set of values that describe what is right or wrong, good or bad. As a result, guidelines and discussions surrounding ethics should be applicable to a broad range of cases, as conflicts are likely to arise between ethical principles. Any system of ethical principles is derived from philosophical reasoning, and research in this area indicates that if we have a system of a few principles that apply in all cases…. [read more]


Death Penalty for Juvenile Term Paper

… Simmons is itself controversial.

References

"Death penalty for minors: Cruel and unusual." (September 27, 2004). American Medical News. Retrieved on May 14, 2005 from http://www.deathpenaltyinfo.org/article.php?scid=38& did=884#amn 'Recent Public Opinion on the Juvenile Death Penalty." (n.d.) Death Penalty and Information Center. http://www.deathpenaltyinfo.org/article.php?scid=27& did=883

Richey, Warren. (March 2, 2005) "Juvenile death penalty abolished." Christian Science Monitor.

Retrieved on May 14, 2005 from http://www.csmonitor.com/2005/0302/p01s01-usju.html

Wallis, Claudia and Kristina Dell. (May 10, 2004). "What Makes Teens Tick." Time magazine. Retrieved on May 14, 2005 from http://www.deathpenaltyinfo.org/article.php?scid=27& did=977

According to the evidence presented in the court

Warren Richey. Juvenile death penalty abolished (2005) Christian Science Monitor

A Time Magazine article dated May 14, 2004 quotes a study at the National Institute of Mental Health which reveals that "the very last…. [read more]


Death Penalty Annotations Annotated Bibliography

… Although many legal players seem to dislike the plea, few have taken on its reform." (Appleman, 2010, p. 732) Babcock, in an interview with a legal expert who had served as a public defender the legal expert,

Contemptuously, denounced the common advice, given by appointed lawyers without investigation or regard for the individual situation, to "earn consideration by 'saving the county expense,' and throw[ing] himself on the 'mercy of the court.'" (313) Foltz found this plea-bargaining disgusting: "[t]hink of the spectacle of a court remitting part of a criminal's legal punishment for a money consideration!! [sic] And yet who has not witnessed it?" (314) (Babcock, 2006, p. 1267)

Capital punishment seems to most people in the modern world to be the last vestiges of an…. [read more]


Death Penalty the United States Term Paper

… Death Penalty

The United States is one of the only wealthy industrialized nations in the world that still practices capital punishment. The subject of innumerable debates and central in America's political discourse, the death penalty seems like a cruel and outdated method of punishment. In a judicial system that claims to be transparent, unbiased, and egalitarian, the death penalty stands out like a gross anomaly. The death penalty is not practiced in all 50 states but in some like Texas and Florida it is executed with relative frequency. Beyond the ethical issues that surround capital punishment, research suggests that the death penalty is not feasible financially and may even cost more than keeping that individual behind bars for life. Moreover, statistical analysis reveals a disturbing…. [read more]


Business Comparative Law Essay

… If the contract is agreed to by all parties concerned then, even though the place of business is not located in the country of origin, the location can be governed by the laws of the country of origin (Davis, et al., 2001).

Conclusion

Disputes can occur with any contract when one party or the other believes that they have been wronged. Of course this is complicated when the law of two separate countries is involved. Sometimes, unfortunately there is no clear law from one country or another, and in that case the court of the originating country can make precedent. This is a case where "Whenever a Court has felt what it believed to be the pangs of justice gnawing at it, the Court has…. [read more]

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