Abstract This paper examines how in the matter of Christine Busalacchi, nurses and nursing organizations in Missouri and Arkansas asked for permission from the Missouri Supreme Court to submit an amicus curiae (friend of the court) brief. Busalacchi suffered serious injuries in an automobile accident that left her in a persistent vegetative state (PVS) and dependent on a feeding tube for nutrition. It looks at how they wanted to fight the decision of her father (Guardian) to have the feeding tube removed, which would result in Busalacchi's death. The nurses, some of whom were providing care to Busalacchi, objected to the father's request to stop providing food and water. It explicates the nurses? reasoning and the decision that the author would have reached if he had been a justice on the Missouri Supreme Court.
From the Paper "The nurses highlighted the distinction between terminal patients and "non-dying patients" (NDP). Withdrawing treatment from a terminally ill patient simply hastens death, and such an action is not at all controversial. Indeed, withdrawing treatment from terminally ill patients does not require court approval. But Busalacchi is not dying, and the nurses are not providing any life-saving treatment that could be withdrawn to hasten her death. The food and water that Busalacchi receives do not delay her death, but rather sustain her life."
Tags: amicus, curiae, persistent, vegetative, state
Abstract This paper analyzes the issues concerning mandatory minimum sentencing, created by politicians convinced that crime was out of control. It looks at how the public wanted something done and that one aspect of the problem was that judges were exercising too much discretion and not sending enough people to prison for a long enough period of time. It discusses how mandatory minimum sentencing began as a tool in the drug war in 1986 when House Speaker Thomas P. "Tip" O'Neill Jr. ordered his Democratic committee chairmen to produce a crime bill that toughened penalties on drug dealers.
From the Paper "There is considerable public support for the idea that criminals need to be given harsher punishment and almost none for the idea that some other means should be taken to reduce crime. Those concerned about crime can point to a number of statistical studies to show that crime is increasing and is not being punished at the level the public would prefer. A National Punishment Survey conducted by the Population and Society Research Center at Bowling Green State University in 1987 showed that the public recommends prison sentences for a variety of violent and other serious crimes that would be approximately three times longer than offenders actually serve."
Abstract This paper shows how both the United States and Singapore derived their criminal justice system from the British system, though the U.S. system has diverged considerably while the system in Singapore remains deeply rooted in the British forms. The writer explains however that today, the immediate source for the criminal justice system in each country differs in that American law is constitutional, while criminal law in Singapore is entirely statutory and based on an adopted Criminal Code. It looks at how common law is a feature of both systems, standing as the accepted customs of many legal systems.
From the Paper "American citizens derive their rights from the Constitution and particularly from the Bill of Rights. These ten articles were influenced largely by George Mason, Thomas Jefferson, and James Madison, with much of the final language based on Mason's "Declaration of Rights" for Virginia's Constitution of 1776. There were originally twelve, but two were eliminated as the final ten were adopted in 1791 (Hall, 1992, 70-71). Article VIII states: "Excessive bail shall not lie required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." These simple words have engendered reams of interpretation, for the Constitution does not say what constitutes either cruel or unusual punishment or how to make such a determination. Other provisions have similarly been argued throughout our history, and judicial determinations up to and including the supreme Court form a body of case law on which the police, prosecutors, and courts rely."
Abstract This paper looks at how bias against overweight and obese individuals is perhaps the last form of acceptable discrimination. It shows how overweight people are subject to both subtle and blatant forms of discrimination, from childhood to adulthood and how discrimination occurs in family, social and professional situations as well. It takes an interdisciplinary approach to the issue of obesity and discrimination, drawing on diverse literature from fields including psychology, law, pediatrics and economics. The extent of discrimination is explored through a critical survey and integration of current research on the social and professional effects of obesity.
Outline
Introduction
Definition of Terms
Statistics on the Overweight and Obese
Effects of Weight-based Discrimination
Reasons Behind the Discrimination
Advocacy for the Overweight and Obese
Conclusion
From the Paper "Roehling (1999) believes that most weight-based discrimination stems from the fact that we "tend to blame overweight people for their condition." Discrimination based on weight is seen as more acceptable because, unlike race or gender, people see bodyweight as a choice, not an immutable characteristic (Roehling 2002). This argument stems from the misconception that obesity is a voluntary condition, that overweight people could lose weight simply if they stopped eating and shored up their willpower (Solovay 2000). However, research has since shown that this is not true, and that obesity is caused by a variety of genetic, psychological, physiological and even environmental factors. These could include a deficiency in leptin hormones and the "thrifty gene." In fact, trying to lose weight is often accompanied by significant health risks (Roehling 2002)."
Abstract This paper looks at the issue of rent control in cities in America. The writer looks at the benefits of rent control for tenants and cites that many cities do not have rent control and some tenants' and liberal groups believe it should be instituted. The paper then provides the counter argument, from the landlord's point of view.
From the Paper "Rent control is an idea with great appeal for the beleaguered tenant who feels that rents are too high and that there has been no government effort to correct the problem. Advocates see it as a way of imposing fairness, but in truth it imposes unfairness and disparity between people who have rented for a long time and new renters. It reduces the incentives landlords have to repair their buildings and to make improvements. It takes the profit out of being a landlord, and it effectively eliminates competition in housing in urban regions. In many cases, it has also created a black market in sublets, with those paying little for rent because they have rent-controlled apartments renting them for higher prices to others illegally. An interview with a 50-year old male, referred to as the Landlord, with experience of the rent control situation in santa Monica, illuminates the landlord side of the issue, while it is usually the renter's side that is represented in arguments for rent control."
Abstract This paper attempts to study several aspects of the case within the context of environmental pollution and law, or more specifically toxic tort litigation. It also studies the impact of group or community pressure. The paper concludes by discussing the impact of this case upon the environment, environmental health and the legal system within the context of environmental litigation.
From the Paper "The idea that the environmental pollution, caused by W .R. Grace and Beatrice Foods was the probable cause of leukemia in children in Woburn, first came to the mind of the Anderson family, who had moved to Woburn, a working class Boston suburb, in 1965. Only after few years of the move of the family, their 3-year- old son, Jimmy, was diagnosed with acute lymphocytic leukemia as diagnosed by Dr. John Truman, an eminent pediatric oncologist at the Boston Children's Hospital."
Abstract This paper examines Edward J. Larson's "Summer For All the Gods" , a non-fiction account of the famous Scopes ?monkey trial.? The Scopes trial refers to a turn of the century courtroom battle in American history, when a supposed high school teacher named John Scopes was put on trial for violating a Tennessee state law that prohibited the teaching of Darwinian evolutionary theory in the public schools. It evaluates how Larson's account presents an historical, unsentimental version of the Scopes trial which is in direct conversation and contrast with how the trial has entered into popular mythology, as a battle between rationality and irrationality, between justice and injustice.
From the Paper "Three central themes drive the Summer for All Gods. First, there is the idea that science is never pure and factual, it is always filtered through politics in the real, lived life of American historical drama. Secondly, Larson must deal with the fact that quite often a historical event, even of recent date can become quickly tainted in the collective American mythological memory as a battle for free speech and justice fought and won, rather than something that continues to be waged in America's present. As a last and third important corollary to the truth versus fiction theme, Larson notes that no courtroom drama ever has one side that is on the side of "truth" purely and simply. It is true that Tennessee's legislature did attempt to prohibit the teaching of evolution in schools. However, this is a practice of ideological management that still takes place today, when states attempt to influence textbook manufactures as to the content of what is included and not included in texts."
Abstract This paper reviews the famous criminal investigation of the murder of a 6 year old girl in America, on Christmas Eve, 1996. The writer uses the book by Steve Thomas called "JonBenet: Inside the Murder Investigation" which provides an in-depth look at the murder and the investigation. The incident became a national obsession, featured day after day on network news, television tabloid programs, talk radio, newspapers and magazines.
Contents:
Introduction
Facts of the Case
Prosecution Evidence
Defense Evidence
Conclusion
From the Paper "The book gives a thorough account of the murder and investigation. Thomas develops the argument from the outset and presents it clearly in the book with examples of the effective techniques of the investigation and how to approach a complex case like JonBenet?s. According to him investigations must be carried out before evidence are mishandled or removed as in the case of JonBenet. A delay in investigation often tends to mislead investigative directions, creates difficulty in gathering evidence and creates a loss in the credibility of the testimonies. For example in the JonBenet case, the lack of cooperation on part of John and Patsy Ramsey, the parents of the murdered child compounded the difficulties. The police began treating the parents as the primary suspects."
Abstract Reviews Durkheim's view that there are essentially two types of law that exist in a society-- repressive law which deals with penal law and restitutive law which consists of restoring relationships, which have been disturbed, back to their normal state.
From the Paper "On the issue of law and how it pertains to crime and society, Durkheim concludes that "crime is necessary" (Durkheim 23). If there were no crime, it would be evident that change was not possible. Crime is both functional and dysfunctional role in society (Durkheim 22). It is functional, or necessary because when crime and deviance are recognized, the community imposes punishment against such behavior. Punishment reminds society about what it should and should not do as well as heightens awareness of the shared moral sensibilities and community identity."
Abstract The paper looks at the new direction in which crime is moving, with the use of cyber-technology to carry out illegal activity and the problems this causes for law enforcement agencies. The paper discusses the international nature of cyber-crime, since the internet does not recognize national boundaries. The paper also examines ways of overcoming these challenges, such as using computer forensics and sophisticated monitoring systems.
From the Paper "During the last century, crime was fought much as it had always been, in reality, banks were robbed in person, embezzlement was usually committed by employees, and mail fraud involved the postal service (Radcliffe pg). Today, however, the criminal is unseen and unknown. Although, computers and the Internet have opened a new world of communication for consumers, it has also opened a playground for criminal activity. Felonies are now committed thousands of miles from the actual crime scene. Criminals are using computers to embezzle corporations and financial institutions, launder money, traffic drugs, and distribute child pornography (Radcliffe pg)."
Tags: identity, theft, software, hackers, communication
Abstract The first part of this paper studies the state-based laws that restricted abortion from the 1960s to the 1970s. The second part then examines how the women’s movement and reproductive rights supporters successfully challenged these state-based laws with the passing of Roe vs. Wade. It also studies how reproductive rights groups have successfully used "Roe vs. Wade" and Constitutional Law to protect abortion and reproductive rights. The third part of the paper focuses on the anti-abortion groups. Particular attention is given to their shift from noisy “shaming” campaigns and protests to legal arguments regarding fetal rights. It evaluates how the anti-abortion crusade has framed their campaign on the personhood and the rights of the fetus. In the conclusion, this paper assesses the future of reproductive rights, in the face of the many legal challenges being mounted by anti-abortion groups.
From the Paper "In 1973, through the landmark case of Roe vs. Wade, the Supreme Court made first trimester abortions legal in the United States. The decision struck down a host of state anti-abortion statutes and was hailed as a landmark of women's reproductive rights. It also gave birth to a vocal umbrella movement of anti-abortion groups that continue to challenge Roe vs. Wade both on moral and legal grounds. Almost three decades later, the issue of abortion remains the greatest moral flashpoint facing America today. More than any other moral issue, the question of abortion has divided communities, determined the outcome of many elections and incited quiet citizens to become activists."
An examination of the case of Lionel Tate, a twelve year old convicted of murdering a little girl, and how his life-sentence gave rise to a debate about the length of conviction for juvenile crimes.
Abstract This paper briefly discusses the crime and sentencing of Lionel Tate, who brutally murdered a six-year old girl. It discusses the arguments for and against Tate being tried like an adult and receiving the life sentence. It cites arguments from Amnesty International, as well as other human rights groups, that support reduced sentences for children. It also looks at the tougher stances being taken by the courts in light or more serious juvenile crimes being committed.
From the Paper "In 1999, a six year old girl weighing only forty-eight pounds was murdered. Her name was Tiffany Eunick. Tiffany's autopsy revealed that she had suffered a crushed skull, broken ribs and more than thirty internal bruises. Her liver had been shredded and pushed through her rib cage. Yet, despite the heinous nature of this crime, the Broward State Attorney's Office in Florida is now being criticized for trying and convicting the killer, Lionel Tate, as an adult because he committed the crime when he was only twelve years old. Now, the whole issue of how to treat children that are violent criminals is under attack without facing realities of the increases in violent crimes by juveniles, the number of repeat offenders, and the need to implement adequate punishment. "
Abstract This paper discusses that crime on college campuses has been evident for many years but historically has been under-reported. This paper analyzes types of college crime, particularly date rape, civil liability, architecture and its role in prevention, and campus security mission and focus to understand campus crime. The author believes that security teams, students, faculty and administrators need to further the collaborative nature of the solution to campus crime.
From the Paper "One particularly heinous aspect of campus crime is associated with the growing phenomena of date rape or acquaintance rape. Though it is clear that stranger assaults do occur frequently upon college campuses, it is also clear that the more common form of rape is acquaintance or date rape. Acquaintance rape is often closely associated with drug and alcohol use, another troubling aspect of campus life. Linking the two together is a string of both experience and statistical evidence. "In the United States, researchers have often demonstrated through self-report and victimization surveys that sexual assaults are endemic on university campuses." Not only are the recreational use of drugs and alcohol associated with the occurrences of rape but also there is an alarming trend associated with the crime that resonates the seemingly un-punishable offender state that has been created by the aforementioned institutional environment."
Abstract This paper presents a detailed examination of the history of the police department in America. The writer explores why the nation determined police departments were necessary and how they began their ascent to various cities.
From the Paper "Before one can understand the current police departments in America it is important for one to understand how the police came to be viewed as something that was needed. Police departments in America origins have been traced back to early English Society. Before the Norman Conquest there were no police forces that were formally administered and implemented. Instead society depended on something called the pledge system which entailed a type of code of honor. This code said that each village member pledged to protect the entire village against crimes such as thieves and murderers. If any member of the village saw something occurring they were honor bound to make such a fuss that the rest of the village would be alerted. They as well as the village members that they had alerted were honor bound to pursue and deal with the criminal in question. While this system was considered successful for many years as villages grew larger it became necessary to design a more organized system. This is when the tithing system came to be. A tithing was ten a ten family group in a village. The ten families banded together and worked with the honor system of before, but the tithing was also overseen by one person that was called a constable. Constables have since been considered the first real police officer in the world(Police History and Organization History of Police
http://www.uaa.alaska.edu/just/just110/police1.html). "
Abstract Thurgood Marshall, America's leading 20th century radical, led a civil rights revolution that forever changed the history of American society. Thurgood Marshall eradicated the legacies of racism and segregation by using the courtroom, which had an even more profound and lasting effect on race relations than the efforts of his contemporaries, Martin Luther King and Malcolm X. This paper looks at Marshall's life in the active black community of Balitmore and how he became the architect of American race relations in the twentieth century. The paper then focuses on Marshall's unique leadership style and examines how he demonstrated his visionary leadership throughout his career.
From the Paper "Because of these injustices, organizations such as the NAACP (National Association for the Advancement of Colored People) were created. The NAACP was probably the most significant of these foundations led by chief legislator Thurgood Marshall. During his years spent with the NAACP, Thurgood developed a strategy to fight racial segregation throughout the United States. Without Thurgood breaking new ground in the courtroom, the Civil Rights Movement would not have existed. The only way for change to occur was by altering the constitution, and Thurgood Marshal was the only Civil Rights leader using the law as means of change."
