Abstract Plea bargains are a form of negotiation used in many legal systems around the world. In general, a plea bargain is reached via an informal process of negotiation, in the course of which the prosecutor and the defense counsel reach an out-of-court settlement. Using plea bargaining has become an accepted practice in both Canada and North America, as well as in many other countries. However, just because it has become commonplace does not necessarily imply that it is right. This paper begins by describing the system of plea bargaining and then goes on to present arguments against such a system.
Abstract The question of an employee's right to privacy in the issue of drug testing presents a dilemma for employers in terms of the correct action to take in this regard. This essay critically examines this question, and argues the thesis that although ethical principles support employer's right to test in numerous cases, legal requirements constrain this right. The paper contends that the result is an ethical, legal and practical minefield for management. In this context, this essay recommends that a utilitarian perspective offers the best single ethical and legal guide to follow in this question.
Persuasive essay on how DUI (drinking under the influence) laws in America are too lenient and how the country would be better off if they were toughened up.
Abstract This essay starts off with a story of a fatal DUI accident in Salt Lake City. It then goes on to state many statistics on alcohol-related crashes and the number of recurring DUI offenders. It cites the negative effects of alcohol when it comes to driving and how the United States is significantly behind others when it comes to enforcing and creating harsher DUI laws. Furthermore, it gives many examples of counter-arguments and why some people are opposed to stricter laws.
From the Paper "For example, the legal BAC in Sweden is .02, compared with our legal limit of .08. Even in Japan, which also has a stricter BAC of .03, citizens can be, and often are, arrested for driving with as little as a few sips of alcohol in their system. Slovakia and the Czech Republic even surpass the strictness of Sweden or Japan--they have a zero tolerance limit for driving under the influence. There, absolutely no alcohol is allowed in a driver's system--none. Penalties all over the world are also far more severe than those we have in the United States."
Abstract This paper examines Anthony Lewis' "Gideon's Trumpet", which evaluates the Supreme Court case of Clarence Earl Gideon. Gideon was tried and convicted in the Fourteenth Judicial Circuit of Florida but maintained, under the due process clause of the Fourteenth Amendment, that he was entitled to counsel by the state because he couldn't afford his own. The author points out that the case on which the Supreme Court based its ruling was 'Betts v. Brady', and that it rejected the contention that due process under the Fourteenth Amendment provided a flat guarantee of counsel in state criminal trials. The paper relates that the rule of the case is simply that a person charged with a crime anywhere in the United States has the right to counsel, a right deemed fundamental and essential to any fair trial (Sixth Amendment), and, when the person cannot afford one, the state is obligated to provide one under the Fourteenth Amendment due process clause.
From the Paper "Ever since 'Betts' in 1942, the court struggled to apply the "special circumstances" aspect of the rule, and the legal problems inherent in the 'Betts' decision were all too evident. Professional comments on the 'Betts' decision, as maintained in law reviews following the decision, had at first been critical, and several Justices within the Supreme Court were already leaning towards its overruling. In fact, between the 'Betts' decision and the time Gideon wrote his letter, the Supreme Court held in favor of every state prisoner whose counsel claim it agreed to hear."
Abstract This paper discusses some of the attributes of the criminal group, the Hell's Angles. It discusses the organizational history of the motorcycle gang, as well as their structure and members. It then goes on to describe their criminal history and their more current activities. The paper also describes law enforcement strategies with regards to the Hell's Angles.
Table of Contents:
Introduction
History of the Hells Angels
Structure
Participants
Activities
Law Enforcement Strategies
Conclusion
From the Paper "Motorcycle gangs are known to have formed after WWII. Motorcycles were cheap in the 1940's, and former military personnel formed up on weekends riding and partying together. Two of the first such fraternities were the Pissed Off Bastards and the Booze Fighters, groups that established early the notoriety of the outlaw biker image. In 1947, at an American Motorcycle Association convention in the drowsy town of Hollister, Calif., the Pissed Off Bastards rode in drunk, wild and destructive, landing as if behind enemy lines with a belly full of TNT. (Jamison, 2000)."
Abstract This paper discusses how the basic definition of justice is the administration of law and the quality of being just, impartial and fair. It looks at how some achievements in justice follow this definition such as the inception of drug courts, community corrections and even the death penalty. The paper also looks at the court changes as a result of 9/11, the Patriot Act and the challenges the courts in the U.S. will be facing over the next 10 years.
Outline:
Introduction
Defining Justice
Promoting Justice
Successful Achievements in the Court System
Positive and Negative Changes in Post September 11th
Challenges Facing Courts within 10 Years
Handling the Challenges
Conclusion
From the Paper "Those who've committed heinous crimes usually do not show any remorse for the lives they've taken or remorse for the devastation they have caused others. If they are allowed to serve a lifetime of imprisonment, they receive three meals a day, exercise and some even get an education all on the taxpayer's dime. In essence, rather than the criminal being punished, it would seem the taxpayer is punished because of the cost of maintaining the prisoner. Thus, society still pays for the crime. Some, such as myself, regard the death penalty as a form of justice since the death penalty means that the victim's family does not ever have to worry about the individual being released to be able to commit more crimes in the future."
Abstract This paper explains that three strikes legislation mandates specific consequences when someone is classified as a habitual offender by having three strikes, convictions for a serious or violent felony crime. The author points out that the ideology behind three strikes laws is that criminals are guided by the expected utility principle theory, which states that the costs of their crime outweigh the benefits. The paper relates that the general goal of a three strikes law is to make punishment severe for repeat offenders in hopes that this will deter them from committing additional crimes and that, if they still choose to commit crimes, locking them up for 25 years to life is an effective means of incapacitation. The author underscores that the deterrence ability of three strikes laws is not accepted by many researchers and that this law has numerous negative side effects including increased homicide rates and prison overcrowding.
From the Paper "The federal version of the three strikes law is the Violent Crime Control and Law Enforcement Act, also known as the Federal Crime Bill, which was enacted by Congress in 1994. According to Schichor, the act mandates life in prison for criminals convicted of three violent felonies or drug offenses if the third conviction is a federal crime. In addition to the federal law, in a three year span from 1993 to 1996, 25 states adopted their own three strikes laws. Schichor (1997) believes this shift in criminal justice policy focuses more on "controlling aggregates instead of individual offenders" by sorting criminals into groups such as high rate offender and career criminal."
Abstract This grant proposal discusses the benefits of creating a program to prevent drug abuse among youths and and proposes an exact allocation of the grant money. The proposal also shows a timeline on how and when the author's department plans on spending the grant money and includes a detailed summary of all the costs involved in this kind of a program. The paper concludes that the overall benefits of this program will result in a noticeable reduction in drug abuse among the teenage population by disrupting the illicit drug trafficking organizations within the community, denying street dealers a customer base, reducing the number of emergency room admissions related to drug abuse and overdose, and establishing a strong anti-drug abuse program within all the schools within the community.
Outline:
Why and Where
How and When
Table: Cost Summary
From the Paper "Our department is committed to establishing, creating, and encouraging anti-drug programs such as D.A.R.E. in our communities at public and private schools, to home-school teachers and students, and to the general public. Our outreach program will start in the communities' schools; since a larger impact is imprinted in elementary, junior high, and high schools. We are committed to reaching out to children, teens, and the general public through flyers, pamphlets, meetings, seminars, and D.A.R.E. hotlines. Lastly, we are dedicated to inform children and teens of the dangers of drugs, gangs, and violence (encourage community policing); in addition to encouraging teachers, parents, and students to attend the 21st Annual D.A.R.E. International Training Conference in San Antonio, Texas on August 12-14, 2008 at The Alamo. The training conference teaches officials, schools, teachers, parents, and students on how to be leaders of the war on drugs in order to save the people."
Abstract This paper examines the mental faculty of recovered memory and the neurological mechanisms involved in retaining and recalling past experiences. It takes a particular look at the controversy among psychologists regarding repressed memory and whether or not it actually exists. The paper asserts that much scientific research supports the validity of repressed memory. The paper also points out, however, that this research does not address whether repressed memories are true or false, such as in the case of testimonies when dealing with abuses or crimes. The paper concludes that such accounts should indeed be taken very seriously and should be critically examined in relation to other evidence.
From the Paper "False memories are memories that were distorted or even created within and outside of the therapeutic context. Patients with psychological distress see a therapist as a source of help in their search for an "effort at meaning" (Clansy, cited in Furtado, 2003). Patients' memory is extremely susceptible that the subtlest suggestion made by a doctor can alter or create false experiences such as memories of abuse. They can be created by the use of several techniques, such as recovered memory therapy, hypnosis, guided imagery, and dream interpretation (Davis, Loftus, & Follette, 2001). An experiment carried out by Dr. Nader and Dr. Shafe may give a neurobiological insight into how memories are updated. Using the fear conditioning process, they trained rats to associate a tone with an electric shock. Once the memory was consolidated, they presented the tone and immediately injected a drug that would inhibit the production of proteins. The fact that the animals reacted instead of freezing at the sound implied that the memories became vulnerable to suggestions, and that the production of new proteins were needed to store them back into long-term storage (Blakeslee, 2000)."
A review of the events of the DC sniper shootings, including the preliminary shootings, the "Beltway" Attacks, the investigation during the attacks and the arrest of the two suspects.
Abstract This paper examines the timeline of the DC sniper killings that took place in October 2002. It explains the preliminary killings and the actual "Beltway" attacks. The paper then analyzes the investigation during the attacks, the arrest of the two suspects and the logistics and tactics used by the suspects. Finally, it discusses the whereabouts of John Allen Muhammad and Lee Boyd Malvo prior to their arrest.
Table of Contents:
Abstract
Introduction
Preliminary Killings
"Beltway" Attacks
The Investigation During the Attacks
The Arrest of the Two Suspects
Logistics & Tactics Used By the Snipers
Conclusion
From the Paper "The deadly string of shootings finally came to an end on October 24, when Muhammad and Malvo were found sleeping in their 1990 Chevrolet Caprice, at a rest stop near Myersville, Maryland. Police were given the information by a truck driver who noticed the parked car. A .223-caliber Bushmaster XM-15 rifle and bipod were found in a bag in Muhammad's car. According to CNN, the rifle was found behind the rear seat of the 1990 Chevrolet Caprice, which had been modified to allow the rifle to be fired from inside the vehicle. The Bushmaster rifle is a civilian, semi-automatic version of the Colt M-16 military rifle, which can be fired in fully automatic mode. Ballistics tests later verified the same rifle matched 11 of the 14 bullets recovered from the attacks."
Abstract This paper discusses the history of criminal law and how it can be a product of social engineering. It examines some laws as tools for social engineering and then describes certain laws that the writer would have enacted for a certain type of social engineering, including the legalization of the possession and use of marijuana and how this would benefit the public.
From the Paper "Sexually orientated businesses have always been the subject of social engineering laws. In December of 2005, the city council of Scottsdale, Arizona, passed a revision that requires dancers to stay four feet away from customers and outlaws all nude dancing. Jenna Jameson, one of the world's top porn stars, recently purchased an interest in Babe's Cabaret, a Scottsdale topless bar. Ms. Jameson intends to fight the city of Scottsdale because she believes the new regulations will put her out of business. As a Scottsdale citizen, it is interesting to note that Babe's Cabaret has been in business for many years without problems until Ms. Jameson purchased an interest in the club. Some people believe that the city of Scottsdale is attempting to clear out sexually orientated businesses regardless of who owns these clubs. This issue will remain in the news because Ms. Jameson and her high powered lawyers intend to fight this matter under First Amendment rights, Freedom of Expression."
Introduction
Pre- Trial Intervention
Drug Courts
Statutory Diversion
TASC Programs
Mediation Programs
Victim - Offender Mediation Programs
Community Dispute Resolution Programs
Alcohol Detoxification Centers
Manhattan Bowery Corporation
Decriminalization
Future of Diversion Programs
Conclusion
Works Cited Page
From the Paper In today's society it has become necessary for the criminal justice system to attempt to employ mores alternatives to the traditional prosecution of cases. It was from this need that Diversion Programs were born. These programs were set up to benefit both the offender and the criminal justice system.
There are several benefits for offenders that these diversion programs offer. It allows an eligible offender to be quickly evaluated and have intervention proceed. After identified as an eligible offender, personalized help can be offered. Help such as drug and alcohol counseling, medical care and different forms of education. Diversion also lessens the trauma to the offender, from an emotional and economic point of view, due to facing possible criminal prosecution. As a whole, these programs give offenders an opportunity to be diverted out of the criminal justice system and get a second chance to redeem themselves.
Examines new trends towards states rights seen in Supreme Court cases since 1992. Examination reveals that these Supreme Court cases have given more power back to the state rather than the federal government.
2,000 words (approx. 8 pages), 11 sources, 1998, $ 63.95
From the Paper "Supreme Court cases since 1992 have given more power back to the states rather than the federal government. In the history of the nation, the balance of power between the states and the national government has shifted many times. The Supreme Court has previously provided additional support to congresses obsessed with the further federalization of government control by upholding federal supremacy in almost every area. This is no longer so. The current Supreme Court under Chief Justice Rehnquist has supported the states in four recent and significant cases. Two of these cases, United States v. Lopez and Seminole Tribe of Florida, Petitioner v. Florida, et al., have ended the congressional practice of regulating local and intrastate affairs via the commerce clause in the Constitution. States' rights to local sovereignty reserved under the 10th Amendment were upheld by two other cases, New York v. United States and Printz, Sheriff/Coroner, Ravalli County, Montana v. United States. When considered together, these four cases as well as the nature of the opinions written about them present an overall trend towards states' rights."
Abstract This paper, written as if during these historic times, argues that the Constitution should not be ratified for the interest of this newly founded land and the people within. The issue is presented by listing the positions of Anti-Federalists and Federalists on various issues including: representation, power distribution between state and central government, voting rights, and the need of bill of rights in the Constitution.
From the Paper "Federalists argue that ratifying the Constitution will be an adequate and appropriate beginning of founding the country based on the idea of this proposed Constitution. However, if ratified, this Constitution will lead a number of people to suffrage from tyranny governmental, lack of say regarding representation for their opinion, and not having advantages of protecting themselves with human rights. "
An examination of the issue of trademark and the current domain name registration process, along with examples of recent legal cases of domain name abuse.
3,570 words (approx. 14.3 pages), 14 sources, 2001, $ 99.95
Abstract This paper discuss the problem of cyber squatting along with specific legislation and organizations' rights over their business identity. The issue of trademark is examined and the current domain name registration process is analyzed. Examples are stated involving recent legal cases of domain name abuse.
