Abstract The paper examines the seven classifications of crime listed in the Uniform Crime Reporting Program. The paper determines which crimes might be considered "mala in se", crimes that are inherently dangerous or "mala prohibita", crimes not inherently wrong, but are considered criminal because their prohibition is necessary to regulate the general welfare. The paper asserts that the crimes in which human life is lost, in threat of being lost or violated in any way, should be considered "mala in se." The paper posits that crimes in which property or belongings are lost or taking away, should be considered "mala prohibita" because property is less valuable than human life.
From the Paper "Murder and nonnegligent manslaughter, as defined in the Uniform Crime Reporting (UCR) Program, is the willful (nonnegligent) killing of one human being by another. (www.fbi.gov) There are some homicides that are reduced to a lesser crime because there was no intent evident in the act. The intent to kill is where the defendant consciously desired to cause death or where the defendant intended to cause great bodily harm. There are other crimes of murder that are justified or excusable. An example of this is if an intruder entered a home with a gun, the occupants could murder the intruder and not be charged with a homicide. The occupants could argue that they were protecting their family from being murdered by the intruder."
Abstract This paper deals with laws in place on Internet censorship and why they are unjust. The author discusses why the American government should not attempt to censor the Internet with emphasis on children's' rights.
From the Paper "The United States Constitution guarantees each American the right to free speech and a free press. Does the government then have the right to tell you that something isn"t appropriate to be said or published" No. Through control, regulation and censorship, it seems as if the only free place to publish is on the Internet. However, the government now wants to pass legislation concerning Internet content. Government officials should not regulate what can or cannot be found on the Internet."
Abstract This paper looks at privacy concerns as they relate to the Internet. The author takes a neutral position stating concerns from both sides and taking the position that more time is needed to figure out just what should be regulated, if anything, and how the government should go about doing this. Some previous court cases are sighted along with actual quotes from the Judge's decision. The author further looks at censorship issues in general and how those surrounding the internet would differ from those regarding other forms of media.
From the Paper "Ever since the United States Constitution was established, there has been a long-standing debate over the interpretation of the First Amendment. Now, with the emergence of more advanced technologies within the past few years, this debate has been extended into a new realm."
Abstract This paper provides an historical overview of the death penalty system in the United States. The author does not justify death penalty and argues that it is rather ineffective. The author uses statistical data concerning death penalty to support his opinion.
From the Paper ""One of the arguments most frequently used to justify the death penalty is deterrence. Proponents of the death penalty say that it is necessary to kill a condemned offender in order to set an example that will deter others from committing similar crimes.
If the death penalty did serve this purpose, however, if it actually did deter potential offenders from committing crimes, then states carrying out death penalties should certainly be found to have a lower rate of crime than those that do not execute their citizens."
Abstract This paper uses the case discussed in Jonathon Harr's book "A Civil Action" to explain the system of Anglo/American tort law--the workings and limitations of the system and the intended goals as opposed to real life actualities. It follows case facts and describes the outcome, while explaining all the ensuing legal factors. Also included is an account of the historical divergence of civil obligations and tort law.
From the paper:
"Harr's book relates the story of a type of case that is all too sadly familiar: A large corporation (in this case actually two large corporations) contaminate the environment because it is cheaper dump solvents than to dispose of them legally. The reason that corporations are supposed to be restrained from such cheap but illegal dumping is the threat of either criminal charges being made or of civil litigation. In other words, corporations are supposed to behave themselves because if they don?t then they will get sued. But the important catch to this argument, as this book shows, is that corporations do not in fact have a great deal to fear from civil litigation. All too often, the person who wins civil litigation is the person (or corporation) who can continue to pay for a lawyer longer than the other side. The results of civil litigation have less to do with right and wrong than with whose pockets were the deepest to begin with."
Abstract This paper examines prayer in the American school systems It bases its arguments on a recent request by a Virginian school for a minutes silence dedicated to prayer. The paper provides a survey of historical court rulings on this matter and proceeds to analyze opinions for and against the recent decision by the Virginian court.
From the Paper "Our constitution bans state-imposed religion and protects freedom of worship. The line between those two can be very fine, and last November 7, the Supreme Court drew that line by reinforcing a ruling in Virginia allowing a minute of silence in schools. During this moment of silence, students might pray, meditate, or simply remain neutral."
Explores constitutional issues in racial profiling and discrimination in the wake of 9/11. Examples of profiling are derived from general minority experiences and specifically Arab/Muslim discrimination after 9/11.
2,200 words (approx. 8.8 pages), 4 sources, 2001, $ 68.95
Abstract This paper presents a detailed examination of racial profiling. The writer addresses four scenarios and argues for or against their legal and moral foundation based on the 14th amendment of the United States Constitution. In addition to the writer's belief regarding each scenario, we are given key elements of the opposition's argument and the writer's rebuttal to that opposition.
From the paper:
"Following the attacks on America September 11, 2001, there were cries for revenge throughout the nation. Anyone who looked Muslim was endangered as Americans took their anger to the streets. Following the attack there were several instances in which pilots refused to fly planes until Muslim looking passengers were removed and angry residents threatened those who looked like one of "them". The initial rage died down and in its place we were given many new security measures that we have been told are for the good of national security. The measures boil down to legalized racial profiling in some cases. Racial profiling is not a new event. It has been around for many years. Racial profiling goes against everything the constitution of this nation stands for; yet in light of the attacks in New York, Americans are less vocal about it then they have been in the past. Now, instead of denouncing all profiling as unconstitutional and wrong, we find ourselves looking at individual profile scenarios and holding them against the constitution to see if we can slide them through. We have entered a new world since the attacks. It is a world in which we are trying to walk a much thinner line between protecting the safety of those who live here and protecting the constitution."
Tags: racism, profiling, 9/11, constitution, Blacks, Arab, Muslim
Abstract This paper examines the proposal for legalization of same-sex marriage, and how it is one of the most significant issues in contemporary American family law. The author discusses the potential consequences of legalizing same-sex marriage, both positive and negative, for children, parents, same-sex couples, families, and the social structure. Litigation and current laws regarding this issue are discussed. Arguments are made for the legalization of same-sex marriage.
From the Paper "Marriage has changed greatly throughout the years. In Western law, wives are now equal rather than subordinate partners; interracial marriage is now widely accepted, both in statute and in society; and marital failure itself, rather than the fault of one partner, may be grounds for a divorce. Social change has been felt in marriages in recent years as divorce rates have increased and have been integrated into upper class families. Proposals to legalize same-sex marriage or to enact broad domestic partnership laws are currently being promoted by gay and lesbian activists, especially in Europe and North America."
Abstract The following paper examines why many theorists reject the existence of natural law as well as why many agree to its being defined as a set of innate moral principles which are common to all human beings. It is the aim of this paper to identify and discuss the important similarities and differences that exist between the two theories making reference to the theories of Thomas Hobbes (1588 - 1679) and St.Thomas Aquinas (1224/25 - 1274).
From the Paper "Aquinas proposed that the essential quality setting human beings apart from the rest of the animal world was that of reason. In a development of Aristotle's theory.Aquinas asserts that all men naturally possess an internalized divine spark of reason,which serves as the guide to an autonomous and responsible decision making process."
A discussion on the Sherman Antitrust Act of 1890, on the basis of which the United States Department of Justice, along with twenty state attorney generals, charged the Microsoft Corporation with conducting illegal anti-competitive business practices.
Abstract The following paper discusses the controversial charges brought about by the government on Microsoft. The writer examines thoughts and opinions of people and companies that think that Microsoft and CEO Bill Gates are acting in violation of the anti-trust laws of the United States, while others think that the charges against Microsoft are damaging the free market. This paper examines the truth to both sides of the argument.
From the Paper "The Sherman Antitrust Act of 1890 was passed by the United States Congress in order to declare illegal "every contract combination in the form of a trust or otherwise, or conspiracy, in restraint of trade or commerce with several states, or foreign nations", meaning that any corporate action for the purpose of eliminating competition in an area of business and of controlling the market for a product, was declared illegal. (1) In May of 1998, the United States Department of Justice charged the Microsoft Corporation with conducting such illegal anti-competitive business practices. Microsoft, the largest and wealthiest software company in the world, was under fire because it was supplying, free of charge, it's version of an internet browser called Internet Explorer with the selling of the Windows operating system. The government stated "internet browsers are separate products competing in a separate product market from personal computer operating systems"?. (2) The government was calling for action to split the Microsoft Corporation into two separate companies: software and web browsing."
The paper presents the argument that a commitment to the separation of church and state does not mean that no religious sentiment, symbolism or ideal should emanate from government.
Abstract The paper shows how, for two millennia, church and state were either linked or joined. Examples are given from England, Russia, Germany and the American states during the colonial period. The paper describes how the separation of church and state first came about in America and how the term has been grossly misinterpreted as eliminating religion from secular life. The phrase in the First Amendment calling for a separation of church and state is discussed.
From the Paper "It must also be stressed that the phrase "separation of the church and state" does not appear in the Constitution but is the mere misinterpretation of our courts. Jefferson's mention of the "wall" referred only to that protection of the church from the state, not vice-versa (The Myth) so that the church could teach Biblical truths and values to people. It is not even one being protected from the other, but only the church being secure from the corruption and influence of the state, symbolizing the world."
Abstract This paper provides an introduction to family or domestic violence, including the cycle of violence from one generation to another. It defines several kinds of violence including physical, mental and sexual. The paper examines the effect of domestic violence on the community and shows what is being done (and what is not being done) about America's number one health public health problem.
From the Paper "There is rarely a single cause of domestic violence. However, one constant in most instances of domestic violence; those who abuse family members, either witnessed abuse or were abused as children. It is called the "cycle of violence", it is a behavioral pattern, and psychologists refer to this as "intergenerational violence", because it affects many generations of the family. The American Psychological Association states, "The strongest predictor of violence, is a history of violence within a family". Women who witness abuse as a child are at a greater risk of experiencing abuse as adults. Furthermore, men who witness abuse as a child are at a greater risk of abusing. To "them" it is an accepted part of a male-female relationship; they imitate and repeat what familiar to them."
Abstract Argues against institutionalizing single-sex marriages. Discusses societal views on legally sanctioned homosexual union. Benefits and problems for single-sex partners. Civil inequality involved. Changes in marriage over the years. Need to protect traditional marriage. Denfense of current marriage laws. Dangers of widening the definition of marriage structure.
From the Paper "This research provides a counterargument to advocacy of gay marriage. The research will set forth the cultural context in which the issue has arisen in recent years and then discuss reasons that prevent acceptance that institutionalizing gay marriage is either necessary to or desirable for the integrity or the benefit of American civil society.
An Associated Press poll conducted in 2000 found that by a thin majority (51%), Americans are opposed to single-sex marriage; 34% are said to approve of such marriages, while 41% are said to approve of single-sex "domestic partnerships." More than 50% of the poll sample supported the rights of homosexual couples to receive insurance, Social Security, and inheritance benefits from their partners (Barillas, 2001). Numbers may not suit the strongest advocates of gay marriage, but significant ..."
Abstract This paper puts forward the argument that prostitution should be legalized. It examines how up until now, banning prostitution has not only failed to eradicate the trade, but has transformed the trade into a seedy world of criminals, pimps, and disease-ridden prostitutes contributing to the health risks of society. It looks at the advantages of its legalization such as the savings by the government of a tremendous amount of time and money in their attempts to enforce prostitution laws which could be diverted to more serious crimes, such as homicides and how in a regulated setting, the government can also benefit from the taxes it collects from the prostitutes and the brothels. Most importantly, it brings the trade of the prostitution into the open, freeing it from the domination of criminals who govern the underground world.
From the Paper "Legalization of the prostitution industry will give the authority the upper hand to regulate it, thus issuing brothels licenses and guidelines, while eliminating undesirable elements. By implementing these laws, the government will be protecting the well-being of prostitutes, customers and society. Holland provides a good example with the legalisation of its prostitution industry. Under the regulations erected for this industry, licenses are issued to brothel owners who have registered their workers and complied with strict safety standards. The brothel owners are subjected to police screening, Those who employ under-age prostitutes or illegal immigrants risk being arrested by the authorities (Sissons, 1999, p. 27)."
Abstract This paper explains the extent of the U.S. Patriot Act. It discusses how civil liberties and legal defense groups are troubled by the cases and predict that the government will soon be using harsh anti-terrorism laws against ordinary lawbreakers. It explains that the U.S.A. Patriot Act has thus expanded the surveillance and investigative powers of law enforcement agencies. The American government may use this Act to fight terrorism in a more effective manner, but this Act will cost Americans much in terms of lost civil liberties and personal rights.
From the Paper "One of the worst, yet momentous events in U.S history occurred on September 11th, 2001. This event released a flow of patriotic fervor and a permanent fear among all Americans that they had also now become suspect to acts of international terrorists. This led to a lot of changes in the attitudes of the executive and legislative branches in the United States government. They came up almost immediately with new measures, which were supposedly against terrorism or terrorist threats. One of the principle acts passed by them was called ?Uniting and Strengthening America by Providing Appropriate Tools Required to intercept and Obstruct Terrorism Act of 2001,? also called the USA Patriot Act. This was signed and approved as law by President Bush on October 26th, 2001. This act is one of the most sweeping acts passed in the history of modern America. The Act affects the civil liberties of the citizens of USA and even non-citizens who are residing in America on a regular basis."
