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
Abstract An examination of juvenile crime in the United States, focusing on schoolyard shootings. This paper argues that both young offenders and their parents should be held more accountable and receive harsher sentences than they do now, although every attempt should be made to rehabilitate the youngest offenders (those under the age of 12).
From the Paper "The issue of youth violence is one very much in the news since the Columbine High School shootings and the other incidents of schoolyard violence that have occurred with grisly regularity over the last several years. But while this such shooting sprees are perhaps the most striking example of people under the age of 18 intentionally committing violent acts against other people, Columbine and other school shootings are in fact only a very small element of the overall picture of juvenile violence. Indeed, both these school shootings and other, more common acts violence by young people can be seen as merely the natural development of other kinds of less lethal juvenile violence extending back as far as history is recorded."
Abstract The paper starts by outlining the background to the Texas vs. Johnson court-case of flag-burning that occurred in the U.S.A. It explains the conviction in the light of the First Amendment. It looks at the court's determinants and the consequences of the decisions of the court for future flag-burning offences.
From the Paper "The phrase "Symbolic expression" is usually used to explain expressions that are mixed with elements of behavior. Symbolic expression (or expressive behavior) can be protected by the First Amendment, according to The Supreme Court that has made it clear in a series of cases. Many of these cases have been highly controversial, but none has probably been so, more than Texas v. Johnson (1990) overturning the conviction of a man who expressed his utter displeasure with United States policies by burning an American flag."
Tags: First, Amendment, USA, court, consequence, determinant, symbolic, expression
Abstract The paper takes an in-depth look at the right of privacy of the individual in the context of a rapidly developing technological society. It explores the definition of the concept of privacy, cites legal sources of privacy rights and deals with moral and ethical bases for the right to privacy. Informational privacy is studied in terms of e-commerce and information technology.
From the Paper "Rapid developments in technology have created many new ethical and legal issues . One of these is the issue of the right of privacy of the individual. Developments in the field of information technology have opened up new vistas like e-commerce, which have led to new ethical dilemmas and associated problems and there is a need for discussion and research o the se issues in order to arrive at solutions and enactment of laws, and statutes to deal with the problems."
A study of the fourth amendment of the United States Constitution, which defends individuals' right to privacy and its potential conflict with law enforcement practices.
1,145 words (approx. 4.6 pages), 0 sources, 2002, $ 39.95
Abstract This paper examines the potential conflict with law enforcement practices with the fourth amendment of the Constitution, which provides the right to privacy. The paper illustrates this through the example of numerous court cases throughout the country. It provides circumstances that the fourth amendment is utilized by criminals in defending themselves in court when the practice of searches and seizure by the police are without a lawful search warrant.
From the Paper "The Fourth Amendment of the Constitution is designed to protect the right of the people to live in privacy. As such, it concerns itself with security against illegal or unjustified searches and seizures, as well as the inappropriate levying of warrants. However, the potential conflict that this amendment commonly incites against law enforcement practices causes much debate over specific application of its provision. "
Abstract This paper presents arguments pro and con the death penalty based on religious, political and social considerations. Factors against the punishment are that it is anti poor, racist, condemns innocent people to death, does not deter serious crime and that it is a cruel punishment. Factors for the death penalty include that it is not racist, that miscarriages of justice are unavoidable, it is feared as a punishment and that it is cheaper than life imprisonment.
From the Paper "I. There are five main reasons why the death penalty should be abolished throughout the world:
"It is racist. Statistics show that African Americans comprise 12% of the entire US population, yet 43% of those in the death row are Blacks. Figures also reveal that about half of all murder victims are Blacks, 83% of those who are now in the death row are there because their victims were white. (Campaign to End the Death Penalty 2002). And in 18,000 executions in American history, only 37% involved a white person who killed a Black person. Over 75% of those in the federal death row are non-white, and of the 156 federal death penalty prosecutions approved by the Attorney General since 1988, 74% of the accused were not white. (Campaign) The death penalty makes a crime out of being Black.."
Abstract This paper examines the use of forensic science in police investigations through the example of the JonBenet Ramsey murder case. The paper describes that forensic evidence is widely used by investigators in homicide cases, in order to gather clues from available physical evidence. It illustrates through the JonBenet case that apparently insignificant pieces of evidence found through forensic methods can help in pointing out possible suspects when no other tangible proof is available.
From the Paper "JonBenet Ramsey murder took place on Christmas night in 1996 but even after more than five years of investigations, no charges have been levied and no indictment has been made. During the initial investigations too, it was clear that police and other investigation agencies did not have ample evidence to find out who the real killer was, even though fingers were pointed at several people including the Ramsey family members. Due to insufficient tangible evidence, crime-investigation branches were forced to take help of forensic testing, something which many view with skepticism. Forensic evidence refers to detailed analysis of things found at the murder scene including apparently vague and elusive pieces of evidence such as hair, fingerprints, body fluids, handwriting etc."
Abstract The paper argues against the phenomenon of copy protection of CD"s, focusing on the technological inconveniences experienced by the CD buyer as a result of this protection. It studies the different technological methods used in copy protection and the disadvantages and inconveniences involved in employing these methods. It then moves on to the issue of media conglomerates" disregard for consumer interests and the infringement on the rights of the consumer. It takes a close look at American copyright protection laws and the controversy behind home recording rights. It concludes with a summary of the shortcomings of copy protection.
Outline
Introduction: "Four Charley Pride Fans" Anecdote
What is Copy Protection?
History
How It Works, and Doesn"t
Spy-Protection as Symptomatic in the Industry
Symptomatic of Disregard for Customers
Future Direction of the Problem
Legal Difficulties for Private Users/hackers
What the Law Says and Doesn"t
Right of Reproduction and Fair Use
Royalties from Recording Devices
What the Industry is Thinking
Appear to Lose Sales
Copying Actually Aids Sales
Misdirected Greed
Copy-proofing Is Useless
Ways to Get Around It
New Recording Devices Avoid It
These Discs are not actually CDs
Conclusion
From the Paper "Copy protection, the newest rage for sold-out record companies, causes CDs to only be playable by standard audio CD players, in order to keep them from being copied by the home music enthusiast. While this is supposed to help the companies make more money, it only does so by putting major impediments against the enjoyment of music by the people for which it is made."
Abstract This paper outlines how the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996" was implemented in order to better serve members of public assistance programs,welfare and social security recipients, child support recipients and foster families. The components of the legislation are presented and discussed, such as the requirement of state governments to implement an automated data collection system, requirements for companies related to wage information, laws of personal disclosure, and other means of ensuring that individuals and families receive money they are entitled to.
From the Paper "Changes in fiscal or organizational policy can have a significant impact on corporate and governmental outlook and effectiveness. This was the case with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. It caused major changes in the organization and role of the state governments. Its impact was significant.
"The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was enacted as a method of better serving members of public assistance programs including welfare families, users of SSI, foster children, and children of "dead beat dads". However, the Act made such large changes in the organization and fiscal systems between the federal, state and private organizations, which had a significant impact on individual state governments that were caught in the middle."
Abstract The paper discusses the case of Jose Padilla, arrested on May 8, 2002 because it was believed that he was conspiring with Al Qaeda Terrorist to detonate a radioactive "dirty bomb" within the U.S. The paper shows that Padilla's arrest and subsequent imprisonment has been the subject of an on-going legal debate and at the present time Padilla is being held as an enemy combatant, which means that he is subject to Military Tribunal instead of the civil court system and can be held without being charged until the War On Terrorism is over. The essay discusses both sides of this legal debate and determines which viewpoint is the most constitutional and credible.
From the Paper "Many legal experts believe that the U.S. does not have grounds to hold him as an enemy combatant. They contend that his imprisonment is unconstitutional because he is being held even though he has not been charged with a crime. Padilla's lawyer believes that he is in custody based on information that is circumstantial and that he should be released. They also believe that his detainment is based on the idea that he may be able to provide investigators with important information about forthcoming terrorist attacks on the country."
Tags: Attorney, General, John, Ashcroft, Quirin, Posse, Comitatus, Act
Abstract This persuasive essay argues why drug testing should be banned in the workplace, citing as its main reason the court case, Baron vs. City of Hollywood. Other reasons explored are lack of evidence that it results in higher rates of worker productivity unreliability of the tests and the high costs.
From the Paper "Imagine that you are hired as a temporary accountant through an agency for three months. Your duties range from preparing bank reconciliations of all accounts and preparing a database of all lease agreements with the city. After three months of hard work, you received praise for the quality of your work performance from the City's accounting managers and you were even hired as part of the city's accounting pool. However, shortly after being hired the city drops a bombshell saying that they are requiring all new city employees to undergo urine screening for drugs. This is the case of Thomas Baron, who refused to submit to the City's drug test due to principle. As a result of Baron's refusal, the city revoked its decision to hire him. Baron took the City of Hollywood to court and on April 13, 2000 the court declared that the City of Hollywood policy was unconstitutional. Judge Ryskamp stated that the decision from the federal court confirmed that highly personal and humiliating urine tests of employees, without suspicion that those employees were using drugs, was unconstitutional. Since drug testing was declared unconstitutional, I believe it is obvious that all drug testing in the work force should be banned except when there is suspicion of drug use. Drug testing should also be banned because lack of proof in effectiveness, inaccurate and ineffective drug testing programs, and the cost."
Abstract The paper describes the relationships between the Computer Fraud and Abuse Act of 1986 and the Codes of Conduct and Good Practice for Certified Computer Professionals as published by the ICCP.
Table of Contents
Introduction
Application of Computer Fraud and Abuse Act (1986) and ICCP Codes of Conduct and Good Practice
Violations of Proper Codes of Conduct
Computer Crime Prevention Techniques
Conclusion
Appendix A (Sample Organizational Security Plan)
References
From the Paper "It is estimated that as much as 90% of computer crime is unreported because businesses do not wish to make known the vulnerability it extends to customers, suppliers, and stockholders. A major concern is the threat of intrusion by employees, competitors, and others. The concern is that individuals may gain access to computer facilities, systems, software, and data to commit a variety of computer crimes, such as stealing data; damaging or vandalizing hardware, software, or data; using computer software illegally; or committing fraud."
Tags: crime, good, hacking, practice, password, Internet
Abstract This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes
From the Paper "This research paper discusses mediation as a form of dispute or conflict resolution, the powers a mediator must have, the steps he or she is likely to take and the skills a mediator should have in dealing with and facilitating the resolution of such disputes.
"Nature of Mediation and Powers of Mediators
"Hoffman (1994, Winter) defined mediation as "a process whereby a neutral third party assists disputing parties reach a mutually acceptable decision" (p. 848). The term mediation comes from the Latin verb mediare, to be in the middle. According to Folberg and Taylor (1984), "mediation is an intervention that is intended to resolve disputes and manage conflict by facilitating decision-making" (p. xi). Marcus et al. (1995) said the man or ..."
From the Paper "Robert Butler, the first director of the National Institute on Aging, coined the term "ageism" in 1969 and likened it to other forms of bigotry such as racism and sexism (Robinson, 1994). Butler defined ageism as "a process of systematic stereotyping and discrimination against people because they are old" (Robinson, 1994). Today, ageism is more broadly defined as any prejudice or discrimination against or in favor of an age group (Robinson, 1994)."
