Abstract This paper discusses why the Miranda Rule is well-tailored to guard against constitutional violations and presents an argument for the Miranda Rule. The Miranda Rule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. The paper explains that, while some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda Rule was created with a solid foundation to help ensure a suspect's rights are not violated, and the information from any suspect is admissible in court. It argues that the Miranda Rule guards the criminal justice system just as well as it guards against rights violations and, because of this, it is vital to the quick and efficient trying of cases.
From the Paper "The Miranda Rule was created in 1966 as a result of the Supreme Court case "Miranda vs. Arizona." The court required law enforcement officers and agencies making an arrest to inform a victim of his rights, in accord with the Fifth Amendment, which guarantees freedom from self-incrimination. The Miranda statement (often simply referred to as "Miranda") is usually a version something like this, read to detainees before they are questioned: "You have the right to remain silent. If you give up the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney. If you desire an attorney and cannot afford one, an attorney will be obtained for you before police questioning" (FindLaw). Miranda has become common knowledge to most Americans because of its' constant use on most police and detective television shows. Just about everyone knows about Miranda, but not everyone knows why it is such and effective tool for law enforcement agencies and the criminal justice system."
Tags: arrest, criminal, justice, lawyer, attorney, rights
Abstract This paper explains that the Sarbanes-Oxley Act (July 2002) is a weak attempt by Congress and the Securities and Exchange Commission to make meaningful changes in the oversight of public companies. The paper relates that the future of the accounting profession will be different under the Sarbanes-Oxley Act because auditors will report to an audit committee, not management; auditors will no longer be allowed to offer many non-audit services to the client; and the lead audit partner and audit review partner must be rotated every five years. The author has serious reservations regarding whether or not Sarbanes-Oxley does enough to change the underlying root cause of accounting irregularities and believes that more research is needed.
From the Paper "Although many department chiefs already are stepping up Sarbanes-Oxley Act compliance activity throughout their organization, most say they feel like they are just going through motions. And, few finance executives believe Sarbanes will do much to restore investor confidence. In a PricewaterhouseCoopers survey, eighty-four percent of executives reported that Sarbanes has changed control and compliance practices at their companies?though not significantly. And, more than half contend the new law simply formalizes what their company had been already doing anyway."
Abstract This paper discusses how America's working environment might be if the Civil Rights Act of 1964 had not been enacted. Title VII is one section of the Act that prohibits employers from discriminating on the basis of race, sex, color, religion, or national origin. This paper highlights the evolution of Title VII, its impact in the workplace, discusses who is covered and who is not, and examines what types of policies a company should implement to avoid violations of Title VII.
From the Paper "This act protects all employees, regardless of classification or managerial level, in both the private and government sectors. In 1991, the act extended to all U.S. citizens employed by American employers outside the United States, except where it violated the law of the hosting country (Bennett-Alexander et al., 2003). In addition, it also protects foreign nationals employed within the United States and its protectorates. Unfortunately this act does not cover everyone. Employers with less than 15 employees are not require to follow the guidelines set by Title VII."
Abstract This paper examines how HLA Hart, a legal positivist, developed his theory on the notion that for a legal system to exist it should comprise entirely of rules and how within this legal system, Hart states that rules are divided into either primary or secondary rules. It looks at how Ronald Dworkin's theory, on the other hand, is founded on criticisms of Hart's theory. It seeks to analyse Hart's Postscript to "The Concept of Law" and determine to what extent has Hart successfully defended his theory against his critics.
From the Paper "The basis of Dworkin's theory is founded on criticisms of Hart's theory. Dworkin pictures law as a "gapless" legal universe in which there is always a right answer. He suggests that there is much more to the law than just rules, contending that the Positivist view of a system of rules ignores the important roles of other standards which are not identified as ?rules.? Dworkin maintains that principles and policies play a crucial role in judicial reasoning, particularly when the existing rules of law prove controversial in a case, as evidence in Riggs v Palmer (1889). This case example provides an intuitive sense of Dworkin's idea of principles."
This paper discusses the USA PATRIOT Act, which gives the American government the power to fight terrorism in a more effective manner, but might cost Americans the loss of civil liberties and personal rights.
1,740 words (approx. 7 pages), 8 sources, APA, $ 56.95
Abstract This paper explains that the USA PATRIOT Act has given 'terrorism' a new and much wider meaning and defines a new category called "domestic" terrorists as compared to international terrorists. The author points out that the new Act has defined a number of new money laundering crimes, as well as amendments and increased penalties, including confiscation of all of the property of any individual or enterprises that plans or carries forward an act of domestic or international terrorism. The paper stresses that the Act can be misused for the purpose of prosecuting political dissidents of many types and might be seen as a violation of six of the ten original elements of the Bill of Rights: the 1st, 4th, 5th, 6th, 7th, 8th, and 13th Amendments.
From the Paper "USA PATRIOT Act originated from a consultation draft, which was circulated by the Department of Justice, and was modified and amended substantially by the US Congress. The Act is to be used for helping the law enforcement officials to find out and punish those responsible for the attacks on September 9th and to protect the people against such attacks in the future. This Act has given the federal officials extensive powers to trace out and intercept the communication channels used by the terrorists. This tracking can be used for both law enforcement and foreign intelligence."
Abstract This paper discusses the differences between disparities and discrimination within the court systems and criminal justice system as a whole. The paper defines the differences between discrimination and disparity and gives examples of how they have been used in the past in the United States. It particularly focuses on areas of race, women and juvenile justice.
Table of Contents:
Introduction
Discrimination v. Disparity: Definitions
Examples of Discrimination and Disparity
Conclusion
From the Paper "The juvenile justice area of criminal justice is another area where disparities are seen. In an adult court, preferential treatment may be given to those who have jobs in terms of how they are sentenced. (Rivera, 2006). However, the goal of sentencing in juvenile justice is geared more toward rehabilitation rather than retribution. Therefore, the opposite case may be seen here in terms of how a juvenile maybe sentenced. By this what I mean is, let's say that two juveniles have committed the exact same crime except one juvenile has a stay at home parent and the other one has a single parent who is working one or more jobs. The juvenile with the stay at home parent maybe allowed to go home because the parent has stated and demonstrated that they have the ability to monitor the juvenile. The juvenile with the working parent may not be afforded the same option because of the fact that he or she is in fact working and does not have the same ability to monitor the juvenile."
Abstract This paper is a research paper about the Constitutional guarantee of separation between church and state. The paper uses the Bill of Rights, as well as other studies, to show the effects and impact of mixing religion in public schools.
Abstract This paper deals with the shortcomings of the current measures taken to curb the rising problem of drug abuse in America and how legalizing drugs would change the role of the police from the enforcer, to the protector. A discussion of the question of getting current abusers to stop their self-destructive ways and ways to prevent new drug abusers is given with a realistic looks at how the current systems tries to solve these problems. Also a short dissertation on how DARE has failed to prevent new drug abusers is also given.
Abstract This paper looks at how juvenile delinquency is linked to the families the offenders come from. Links are examined in regards to the abuse of children during childhood, low levels of family affection and high levels of family conflict, the use of ineffective or inconsistent disciplinary practices and the structure of the family.
From the Paper "The first and most obvious cause in the family is most probably the lack of parental affection or parental rejection. This happens mostly in families whereby the parents are very busy, broken homes or those where arguments are part of a daily routine. Cernkovich and Giordano (1987) found that ?delinquent behavior in a large sample of high-school students was associated with parent-adolescent conflict, low parental acceptance and low parental caring and trust.? Children that feel rejected or unloved may sometimes find ways to attract attention. The ways children do so varies from just crying all day long or calling their parents every single second, to committing crimes. This is why some children of rejecting parents display aggressive behavior. Interactions between parents and child are also important to prevent the child from feeling rejected. J. Pincus said, ?Parenting that promotes interpersonal and communicative relations, academic and professional skills, as well as encourages the development of normative values and positive behavioral standards in children.? This positive interaction between parent and child is important in establishing a strong bond and the formation of appropriate behavioral characteristics in children."
Abstract The following paper discusses the abundance of medical and scientific evidence in support of the damage caused by Environmental Tobacco Smoke (ETS), or second-hand smoke. This paper proposes that, there is now sufficient medical evidence to support a legal ban of smoking in public places.
From the Paper "One of the major functions of our country's legislation is to protect all Americans from being injured or killed as a result of the irresponsible and illegal behavior of others. There are specific laws in place to protect us from someone who drives recklessly or under the influence of alcohol and there are laws designed to shield us from those who may wish to harm us with violence."
Abstract This paper explains in detail the consumer benefits of trading music files over the Internet on the Napster web site. It provides a historical overview of the growth of the company and its enormous popularity. It touches upon the copywriting controversy being fought in court.
From the Paper "The Napster is one of the most controversial and popular systems produced by the Internet. Unlike the many dot.com companies that have fallen by the wayside in droves, the controversy surrounding the Napster rages on and its popularity continues to grow. Still, the question remains, is it a form of artistic piracy? Or is it the greatest way for consumers to explore the wide range of musical forms and musical talent in the world and on the web?
The history of the Napster began in January 1999, making it fairly old in terms of Internet chronology. Shawn Fanning created it while he was a nineteen-year- old student at Northeastern University. At present, Shawn Fanning lives in San Mateo, California, just a few minutes from the Napster offices. He rooms with Sean Parker, the twenty-year-old co-founder of Napster Inc. (Rollingstone.com) Their invention allows students to download songs for free from the Internet without buying the band's album, without paying any royalties to either the music company or the musicians who produced the music. At the end of 1999, 20 million Internet surfers had made use of the technology. By 2000, the number increased to nearly 70 million. (CNET News.com)"
A discussion about whether the Electoral College system of electing the President of the U.S. should be abolished and whether this system is undemocratic.
Abstract This paper paper shows the arguments for and against the abolishment of this electoral system. It discusses the history of the electoral system in the United States and presents arguments by both parties on why this system is a non-democratic, unrepresentative one. It shows how in the recent Presidential elections, some may argue that the winning candidate was not the one who got the most votes.
From the Paper "The Electoral College system for electing the President was widely examined and often criticized following the November, 2000 election. Two times in recent history we faced the possibility that a Presidential candidate would get most of the popular vote and yet lose in the Electoral College. The Electoral College interferes with the individual voter's opportunity to express a preference for one candidate over another because only the Electoral College votes really count."
Abstract This paper provides a definition of cyber crime and explores different forms thereof. It asks questions such as - Who commits cyber crime and what is being done to prevent it. It examines the most common crimes committed via the Internet such as software piracy and credit card fraud but also analyzes the scarier crimes such as child pornography and security hacking.
From the Paper "Cyber crime is probably the most talked about form of crime in North America. Parents worry about pedophiles using the Internet to access their children. Businesses spend enormous amounts of money to protect their computer systems from hacker attacks. Many individuals will not use the Internet to shop because they are worried about how secure their credit card information is on the Internet. Is all of this worry, sometimes verging on hysteria justified? Or is it simply a case of fear of a new technology."
Abstract This paper looks at the way in which juvenile offenders were punished as harshly as adult offenders and were subject to corporal and capital punishment, prior to the 1800's. It discusses how the current American system of juvenile justice is based on hundreds of years of legal traditions, some of which are discussed in brief in this paper.
From the Paper "In the early 1800's, people were starting to see children in a different light, as persons at a unique level of human development rather than little adults; with equal moral and cognitive capacities. Several alternatives to imprisonment came about during the 1800's. The cottage system eliminated large congregate living situations and placed smaller cottage-like buildings together. The placing out system placed adolescents from urban slum areas with families in rural areas to teach them how to work and learn under the guidance of a family. Upper class, troubled adolescents were sent to military school to learn discipline. In the late 1800's and early 1900's, juvenile and family courts were established to separate juvenile delinquents from adult criminals. The child-saving movement was started at this time and the juvenile system was changed to include juvenile, courts, probation, child guidance clinics, truant officers and reformatories."
Abstract This paper is an analysis of the many different issues and arguments that occur when the topic of physician-assisted suicide is discussed. The paper looks at some of the ethical questions raised on both sides of the debate and looks at how other countries worldwide have dealt with similar issues. he author presents arguments in support of euthanasia, including its use in cases of patients who are terminally ill, or have suddenly suffered a debilitating handicap, such as a brain or spinal cord injury that prohibits them from being able to function in society. According to the author, these patients feel that they have the right to choose when and how they will live, or die. The Oregon's "Death with Dignity Law," is an example of how one state has dealt with this pressing issue. The author argues that those who oppose this type of law fail to recognize that they are a way to prevent its reckless abuse, and therefore protect the patient.
From the Paper "Next, supporters of euthanasia and physician-assisted suicide argue that individuals suffering from advanced terminal illnesses experience a total loss of quality of life due to incurable, protracted medical conditions (Humphrey). Traditional forms of suicide often concern individuals who decide to terminate their life because of short-term emotional, financial, and/or psychological difficulties. However, with euthanasia and physician-assisted suicide, the difficulty which has caused an individual to consider ending his or her life, i.e., an advanced terminal illness, is not a short-term problem for which a cure or resolution exists. While numerous medical advances have been made with respect to certain diseases and illnesses such as AIDS, cancer, multiple sclerosis, and Parkinson's disease, the fact is that there is no cure in sight for any of these diseases or illnesses. Thus, it must be asked whether it is ethical or morally right to prolong an individual's life simply for the sake of life itself."
