Abstract This essay reflects on the way in which the the war on drugs is a losing battle in the United States. It suggests a strategy that focuses on the adverse medical affects of drugs on the body, rather than a militaristic one.
From the paper:
?The lawful government of Panama gave its permission for the United States to invade their country to achieve military objectives that were in the interest of the U.S. government. Once the U.S. armed forces invaded Panama, agents of the Drug Enforcement Administration arrested Noreiga and extradited him to the U.S. for trial.?
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper concentrates on the evolution of American government since the beginning of the republic. The historical model is discussed as well as the transition to the modern form of government. Subsequently, the modern form of American government is analyzed with particular attention paid to the differences between the traditional and modern forms of government. Each specific branch of government is explored as well as interest group politics.
From the paper:
?Although a relatively new country, the United States of America has a political system rich in history. In many ways the Founding Fathers were political pioneers, attempting to establish a form of government that would successfully balance the desire for strong personal liberties with the obvious need for a reasonably strong central government. The system they established was unique and, although very resistant to change, continues to provide solid guidance for government 200 years after its origin. Nonetheless, the United States political system has necessarily evolved to meet the changing needs of the Republic. This evolution of government can be clearly seen by examining the old system of politics as well as the new era of government.?
Abstract This paper discusses the three presidents: Lincoln, Roosevelt and Nixon and their use of their executive powers during their presidency. The extension of executive power has typically created a positive for a president. For example, Abraham Lincoln and Franklin D. Roosevelt, despite the extension of their executive powers, are considered great presidents. However, Richard Nixon's abuse of this same power, proving his imperial tendencies, showed the necessity of curbing this potential force. The paper details the ways in which executive power was extended by these three presidents, and argues that President Nixon not only abused his powers but tried to cheat the American people and therefore was not considered a great president and was impeached.
From the Paper ?Human beings, Abraham Lincoln noted, wished to protect both life and limb. ?Yet often a limb must be amputated to save a life; but a life is never wisely given to save a limb.? If the execution of the of the whole of the laws should require the violation of a single law, "are all the laws but one to go unexecuted, and the Government itself to go to pieces, lest that one be violated"?? (Schlesinger 59) Over the past hundreds of years, many presidents of the United States have extended their executive powers. The extension of executive power has typically created a positive for a president. For example, Abraham Lincoln and Franklin D. Roosevelt. These two men, regardless of any of their actions that could be considered an extension of executive powers were great presidents. However, Richard Nixon's abuse of this same power, proving his imperial tendencies, showed the necessity of curbing this potential force. If no actions had been taken against Nixon, what would the next president have done? Richard Nixon extended his executive powers too far, and had to be made an example of."
Abstract The paper begins identifying the flaw in tradition free exercise of jurisprudence and discusses its original understanding. The paper looks at how this understanding has been applied to traditional religions like the Amish, Mormons and Native Americans in an inconsistent manner. The paper resolves that the Supreme Court needs to consider their own biases and look more towards the harm caused by the practice as opposed to the practice itself if it is to be protected.
From the Paper "The First Amendment to the Constitution provides that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof"? However, since Reynolds v. United States, in 1879, the Supreme Court has been struggling to understand the limits of free exercise. This paper will examine a historical conception of how the Supreme Court has viewed and misunderstood religion by examining three cases that best mark free exercise jurisprudence in the United States."
Abstract This paper examines the history of the legalization and prohibition of marijuana. It discusses the arguments for and against legalizing marijuana, and along with this, the legality of alcohol and cigarettes' consumption. This paper recommends the legalization of marijuana in exchange for making alcohol and cigarettes usage illegal.
From the Paper "The debate over whether to legalize marijuana has been one of the most controversial issues dividing courts, the federal government, state governments, and voters. In 1996, Arizona and California voters overwhelmingly approved the legalization of marijuana for medicinal purposes. Propositions 200 and 215 represented a dramatic shift from a previously united federal and state front against illegal drugs to one where state governments and voters are now at odds with the federal government over the medical use of controlled substances. Rather than focusing on how to improve and maintain the long-standing war on drugs, the policy issue has now become: who controls America's drug laws- courts, the federal government, state governments, or the voters? In addition, the legalization of marijuana poses other questions: Does legalizing marijuana undermine the seemingly endless federal war on drugs by moving towards greater tolerance of marijuana and other drugs? Is more research necessary to determine the benefits or hazardous effects of marijuana? Would legalizing marijuana open the floodgates to legalizing other controlled substances such as heroin or LSD?"
Tags: illegal, drugs, state, governments, war, on, drugs, federal, government, marijuana, heroin
Abstract This paper focuses on six Supreme Court cases in the history of search and seizure, and explores how the concepts evolved through these cases in trial and error fashion. The author discusses such landmark cases as Terry v. Ohio, Adams v. Williams, and INS v. Delgado. The paper looks at what now constitutes reasonable searches, totality of the circumstances, and probable cause.
From the Paper "Search and seizure is protected by the Fourth Amendment of the United States Constitution. A series of cases, beginning in the 1960s and continuing to the present, have dealt with the United States Supreme Court's interpretation of the Fourth Amendment involving citizens? rights in search and seizure cases."
This paper is an analysis of Cornell West's book, "Race Matters", providing an interesting critique of current black society and the way in which it is trying to become a part of dominant white society.
Abstract This analysis of Cornell West's book, 'Race Matters', examines the current situation of black society primarily in the United States. This book gives the reader an understanding of the damage that contemporary liberalism actually does to the black community and the inherent self destructive nature of black America. It states Cornell West's ideas of improving race relations which promise some possibility for success. Cornell West's argument centers around a censorship of the market forces which is like a herald for the utter loss of freedom and the enslavement of capitalism to politically correct liberal ideologies. This book encourages black people and their leaders to work among themselves to shrug off the spirit of depression and irresponsibility, so that a future policy of reconciliation and mutual respect may actually exist.
From the Paper "One would be hard put to disagree that the black culture in America currently seems to be largely one of nihilism, despair, and cultural unrest. Black women are more likely to give birth to out of wedlock children, and to try to subsist on public aid. Black people in general are far more likely to commit serious crimes and serve serious time. In fact, a majority of black men have served time in prison for one reason or another. Black neighborhoods are more likely to have high crime rates and be plagued by sweeping urban decay. Graffiti is more common; the houses are less likely to be kept up, the yards less likely to be groomed, and the entire appearance of the neighborhood is sure to be more dirty and unkempt. This lack of respect and concern for public and private property is one of the surest signs that this cultural depression does exist. In the same way that clinical depression and mental illness is often accompanied by laziness and lack of personal upkeep, so cultural depression surely results in a mass refusal to beautify and clean up the neighborhoods. Artistically as well, black culture is represented by lyrics and music that defies conventional morality, religion, and hope. Rap lyrics are far more likely than any other popular music to glorify violence against women and outsiders such as ?faggots,? and even more likely to promote black on black crime and gang warfare. Black "art" tends to promote not only rabid violence, but also drug use, irresponsible sexuality, a lack of family concern, and poor usage of the American language."
Abstract This paper examines why courts may dismiss cases on a "technicality" and why the American legal system has afforded technicality dismissals to accused defendants. The author looks at reasons for dismissals, such as failure to provide counsel, unreasonable searches and seizures, and failure to Mirandize the accused.
From the Paper "It is certainly true that cases are often dismissed during a preliminary hearing or at some other early point of a trial. This may be because evidence has come to light between the time of the arrest and the time of a preliminary hearing. But charges may well also be dismissed because of "technicalities". The next question must thus be what the nature of these technicalities is. They vary widely from case to case, of course, given that every case is different, but they can be generally categorized."
Abstract This paper examines the issue of holding prayers in public schools, whether they are mandatory or not. It examines the legal and moral aspects of this issue from the point of view of the three major religions. It details the First Amendment and several cases dealing with this matter and their outcomes. It details different ways of dealing with this problem and ways that are legal to implement it.
From the Paper "In 1947, when the Supreme Court was debating the issue of the separation of church and state, Supreme Court Justice Hugo Black remarked, "The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable." With the case of Lee v. Weisman, the Court drew a distinct line between what is constitutional and what is unconstitutional. The case involved the practice in Providence, Rhode Island, of having a short prayer at the beginning and end of public school graduation ceremonies (an invocation and a benediction). The audience at these ceremonies was made up primarily of students and parents. The Court had to decide whether this short prayer was like the prayers recited to open legislative sessions, or like the daily prayers in public school in front of impressionable schoolchildren. This was not an easy decision to make. Four justices thought that the prayers at public school graduation ceremonies were more in the nature of a formality at a public event. These justices believed that the prayers were part of a long tradition, like prayers at legislative sessions, and could not be seen as an attempt to indoctrinate children in a particular religious belief. The other five justices did not agree and ruled that such prayers violate the Establishment Clause of the First Amendment. Justice Kennedy, who wrote the majority opinion, held that while attendance at public school graduation ceremonies is not required, few students would want to miss the ceremony. While the children could absent themselves from the part of the ceremony that contained the prayer, that would be difficult for them because of the very nature of the graduation process. There would also be peer pressure to participate and to not "make a fuss" about the prayer. The Court ruled that because the graduation ceremony is part of an official public school event, prayers cannot be allowed. (CARELLI 2000)."
Abstract This paper discusses the history and constitutional development of the "Automobile Exception" to the search warrant requirement of the Fourth Amendment which originated in 1924. The automobile exception allows police officers to search and seize a vehicle without a search warrant. It cites several relevant cases such as New York vs.Belton, California vs. Camey and their legal precedents.
From the Paper "A woman and a man are sitting on a park bench chatting. A police officer approaches and notices a syringe in the man's shirt pocket. The officer asks the man why he has a syringe, and the man replies that he uses it to take drugs. The officer seizes a handbag that is close to the woman; he proceeds to search the handbag and removes the contents including her wallet and identification. Under the current law, this search would violate the Fourth Amendment since the officer did not first obtain a search warrant. However, in Wyoming v. Houghton', the United States Supreme Court held that a similar search was not a violation of the Fourth Amendment. The only difference was that the man and woman were in an automobile, and the search fell under an exception to the Fourth Amendment, commonly called the automobile exception", which was created in 1924 in the case Carroll vs. The United States. The automobile exception is an exception to the Fourth Amendment which eliminates the need for a search warrant when there is probable cause to believe that an automobile contains contraband or instruments/evidence of criminal activity. This paper will examine the history of the automobile exception and important cases that have involved and shaped this constitutional exception."
Abstract This paper discusses the role of the paparazzi. When do the paparazzi cross the line from merely taking photographs of celebrities to invading their privacy? This paper asks if a 1999 privacy law that allows victims of the paparazzi to press charges, if they feel it necessary, threaten ones freedom of speech? .
From the Paper "They are aggressive and patient. They are hard working and enterprising. They are informed and competitive. They know their market and when and where to catch an image. They are the paparazzi and for better or for worse, they have become a part of the modern culture (Wiemer A32). "Paparazzi" is said to have evolved from a character named Paparazzo in Italian film director Federico Fellini's 1959 movie ?La Dolce Vita.? It is a fusion of two words that mean "flashbulb popping gnat" (Ehrlich 11). And as long as there is a demand for pictures of celebrities and other high profile people, there will be paparazzi (Ehrlich 11)."
Abstract This paper takes a thorough look at the drug MDMA (ecstasy). It characterizes the types of people who use it and uses case studies and medical data to explain the effects of the drug and dangers of its use. The writer also explores the problems in controlling its distribution.
From the Paper "A large proportion of young people in the world today are users of the drug MDMA, or ecstasy, for a simple reason: it provides them with access to an experience that they value. Yet the majority of first-time users has no access to reliable information about the drug and relies on folklore for guidance; many regard the drug as completely harmless, sometimes even beneficial. Unfortunately, ecstasy use can prove fatal, as it has on many occasions. Besides the fact that the drug itself causes several unfavorable short- and long-term effects, many of which remain unknown, the actual content of doses sold on the streets is questionable. The processes of manufacturing and distributing ecstasy are quite inexpensive, and hold much appeal for criminals seeking out a lucrative niche in the drug market. The difficulties in classifying the drug ecstasy have caused complications in creating legislation for the control of its distribution and use; the number of abusers is constantly growing. Ecstasy is one of the most popular, yet dangerous drugs on the underground market today."
Abstract This paper examines the ways in which Capital punishment has been imposed throughout history. It discusses traditional historical methods of execution and the abolition and reinstatement of capital punishment. The writer draws on arguments and evidence against the alleged deterrent effects of capital punishment, the financial costs and the ineffectiveness of lawyers representing capital defendants as well as the lack of judges who are truly impartial towards capital defendants.
From the Paper ?Capital punishment has been imposed throughout history for numerous crimes, including blasphemy, murder, petty theft, and treason. Ancient societies that accepted the notion that particular crimes deserved capital punishment include the ancient Assyrians, Egyptians, Greeks, and Romans. In addition, both Jesus and Socrates were executed. Likewise, Britain brought the death penalty and brought it to the United States.Traditional historical methods of execution included: (1) beheading or decapitation; (2) breaking on the wheel; (3) burning; (4) crucifixion; (5) drawing and quartering; (6) garroting; (7) hanging; (8) peine forte et dure; (9) shooting; and (10) stoning. Such forms of capital punishment are now regarded today as barbaric, cruel and unusual, ghastly, and unthinkable. In the United States, the death penalty is now carried out in one of five ways: (1) electrocution; (2) firing squad (rarely used, yet the law remains on the books in certain states); (3) gas chamber; (4) hanging; and (5) lethal injection. The two most commonly accepted and implemented forms of capital punishment are the gas chamber or lethal injection.?
Abstract A paper which calls for an abolishment of insanity defense in the legal systems due to it being antiquated and illogical. The author of the paper argues that the insanity defense poses two antithetical schools of thought ? psychiatry and the law ? against each other and they do not complement each other: rather, they devour one another. The paper uses several court cases to illustrate its argument.
From the Paper "The insanity defense extrapolates this argument and allows a man who points a gun at another man, pulls the trigger and kills him to go free if lawyers and psychiatrists can convince the jury that he was insane at the time of the act. The accused need not be insane during the trial or even immediately after the act; he only need be insane during the act itself. It all comes down to deciphering what was in the accused's head at a particular moment in the past. ?These defendants go free because some lawyers and some psychiatrists are willing to manipulate juries and the criminal justice system precisely in those areas where judgment is most difficult: where judgment is based upon imagining what was in a person's mind when he committed an act.? (Winslade 2) The jury must decide in some states only one thing: did he do it? This determination will encompass both whether ? in a traditional sense ? he did it, and also whether he didn"t do it because at the time he performed the crime, he was insane and therefore didn"t legally do anything. He didn?t have actus reus. Other states use a bifurcated system in which the fact-finder determines whether ? insanity aside ? the man is guilty, and then whether he was insane at the time. If he was insane at the time, he was not guilty."
Tags: Daniel, M?Naghten, Durham, psychiatric, testimony, actus, reus, mens, rea
