Abstract This paper examines if the recommendation toward altering sentencing laws for the offense of armedrobbery is valid. It explains that this recommendation is viewed as a means of providing a stronger deterrence to the crime of armedrobbery, as well as providing the possibility of sending a message to offenders that this type of crime will not be tolerated throughout society. The writer notes that doubling the base sentence at this time would then set up a situation in which the final punishment is significantly greater than the crime. The writer believes that the intent to alter the basic sentence for armedrobbery be halted at this time. The writer further suggests that changes in the basic sentencing for armedrobbery may prove to be unconstitutional in relation to excessive sentencing, allowing the guilty to be released and the purpose of any type of legislation in regard to this issue to fail to meet its objectives.
From the Paper "Armed robbery is considered a serious offense because of the various factors that can be present during the process of the criminal act, to include loss of life due to the presence of a weapon. While there may be changes requested to the sentencing in relation to certain crimes, the Federal Sentencing Guidelines provide the basis by which judges may impose sentence, and until recently this document has served as a mandatory issue in the sentencing in relation to all criminal acts."
An examination of the existing laws and statutes of armedrobbery, what is defined as armedrobbery, and how it pertains to juveniles when they commit armedrobbery.
Abstract This paper examines the existing statutes for armedrobbery, defines armedrobbery and suggests proper retribution for juveniles who participate in this specific crime. The paper discusses a scenario of a 17-year old male committing a robbery in a department store with an unloaded weapon and focuses on whether or not the suspect is guilty of armedrobbery and what is an acceptable punishment in light of the fact that the suspect is a minor. The writer advocates that it does not matter anymore who commits serious felonies, even juveniles can and will be held accountable for their actions and with the number of increased violent crimes committed by juveniles, the criminal justice system will change also. The writer believes that in the scenario mentioned above, the 17-year old made a grave mistake and will have to deal with the consequences.
From the Paper "The Supreme Judicial Court of Massachusetts has stated that the gist of the offense of armed robbery is the commission of an offense while armed and it is not necessary to show the use of the dangerous weapon in proving the offense. All that need to be shown is that the defendant carried a weapon on his person while committing the robbery (Moenssens, Bacigal, Ashdown and Hench, 2003, p.850).
Based on our scenario it is unknown as to what state this armed robbery occurred in, and there is not any evidence as to how the store employee felt at the time of the crime. Much is left to be interpreted, however, the statements made by the Supreme Judicial Court of Massachusetts is an example of how different states define armed robbery."
Abstract This paper analyzes arguments against the right to bear arms and then, based on that analysis, counters those arguments and presents reasons why individuals should have the right to bear arms. The paper concludes that gun control laws do not make sense, and citizens must continue to be allowed to protect themselves with guns.
From the Paper "The basic premise of gun control is simple: it states that if people do bad things with guns, the simple solution is to eradicate guns. In turn, violence will end. While this sounds simple, it obviously does not make sense. Indeed, in putting aside all of the Constitutional arguments against gun control, even from a purely practical position, gun control is completely ridiculous. Moreover, it obviously cannot work; it cannot reduce the number of guns in criminal hands and it cannot reduce violence, especially because legislation will merely affect law-abiding citizens and not the perpetrators that are put forth as the reason for needing gun control."
A discussion on whether sexual assault during armed conflict should fall within the definition of torture as described in the United Nation's Convention against Torture.
4,500 words (approx. 18 pages), 10 sources, 2006, $ 178.95
Abstract As the women's movement has grown in recent decades, the debates it has pushed forward have changed the ways in which society views certain problems. Specifically, sexual assault during armed conflict is something which is a much more high-profile issue today than it would have been even a couple of generations ago. This paper examines whether or not rape during armed hostilities should be explicitly subsumed within the definitions of torture detailed in the United Nations' Convention against Torture. In a closely related vein, the paper also explores whether or not rape during the aforementioned type of conflict should be subject to the same international norms and procedures as those laid out in the preceding Convention.
Abstract This paper states that its research on the issue of civic engagement in global public policy confirms that citizens and peace activists all over the world have organized transnational networks in order to influence arms control policies and bring about change. Their efforts have produced mixed results, from remarkable success to complete failure. Ultimately, their influence on arms control policy depends upon their ability to generate public support for arms reductions, for public support translates into political pressure on government policymakers. The paper brings historical examples from the Cold War to illustrate this, such as the Cuban missile crisis, the Nuclear Test Ban Treaty with the Soviet Union, the Salt I Treaty, the Strategic Defense Initiative, and the START treaty. The paper concludes by stating that arms and militarism have been an inseparable part of every major empire or culture throughout human history and that this is a dilemma peace activists may not be able to resolve. The paper includes an annotated bibliography.
From the Paper "Civic engagement on arms control policy emerged in the aftermath of the Second World War in response to the development and deployment of nuclear weapons by the United States and the Soviet Union. After the fall of Nazi Germany and Imperial Japan in 1945, the United States and the Soviet Union amassed huge arsenals of atomic bombs, intercontinental ballistic missiles, strategic jet bombers, and ballistic missile submarines, and it seemed that conventional battles fought by massed armies of tanks and infantry would never occur again. The general consensus among government officials and the public as well was that possession of nuclear weapons was the new measure of any nation's military power."
Abstract This paper describes the impact of small arms proliferation in Southeast Asian region. It highlights studies that detail illegal activities that allow rebels access to small arms with which to perpetrate further chaos in the country by undermining vital aspects of basic human security.
Contents
Introduction
Small Arms Proliferation and its Impacts on Human Security in Southeast Asia
From the Paper "According to the "Small Arms Survey 2002: Counting the Human Cost" published by the University of Geneva, the total number of human lives lost to small arms has reached approximately 639 million worldwide. Relatedly, according to the United Nations, the current number of small arms around the world is estimated to be 500 million to 1 billion. Light weapons are found to be the principal cause of death in conflicts around the world with the vast number of casualties belonging to civilians. It appears that despite the numerous lives lost, small arms and light weapons remain largely available in the world.
Small arms proliferation and their subsequent misuse by criminal elements have not only caused massive deaths but also undermined the equally important aspects of human security. These aspects include economic security, food security, health security, environmental security, personal security, community security and political security. With the increasing level of small arms proliferation and the resulting instability and insecurity it causes, human security is threatened. It serves to prolong the violent intra-state conflicts, and worst, encourage the demand for more arms for more profit to arms peddlers and for self-defense of neglected civilians. It is in this context that human security is examined amidst the proliferation and misuse of small arms in Southeast Asia."
Abstract Since the hijackings of September 11, there has been a great deal of controversy involving the arming of airline pilots. Whether or not this is a good idea is the topic of this paper.
Abstract This paper is a literature review of a very important topic; namely, the relationship between the state of the European arms manufacturing sector and the harmonization of European militaries under the "aegis" of the European Union (Eurocorps in particular). The paper examines the statistical evidence available, EU documents that are available (many are not) as well as any interviews that have been conducted examining the issue. Ultimately, the pros and cons of the aforementioned relationship does not provide for easy answers.
Abstract The paper discusses the proposal to arm airline pilots. The paper looks at those in favor who argued that pilots needed the means to repel invaders into the cockpit. Those not in favor argued that it was dangerous for pilots to be carrying firearms and that doing so also put them in danger. The paper describes how the issue was considered as various legislation was proposed and as an increased effort was made to train air marshals for service to protect the flying public. The paper points out that the question is still often raised and continues to foster debate.
Abstract In this article, the writer discusses that the laws of ancient Rome gave way to the beginning of the law as we know it today. Roman law evolved law and gave way to both unwritten "natural law" and most importantly written law. The writer notes that written law made each law known and so it gave way to the idea of equality for all. The writer points out that the Romans were one of the first governments to actually have written law which helped to govern the people because they could prosecute everyone since each person was required to know the law and go by it. Without written law, our society would be one in chaos. The writer concludes that Rome's history of law through the centuries gave way to law as we know it today and played a very important role in our history.
From the Paper "This law was based on customs and applied only to Roman citizens. Since there were more than just Roman citizens in Rome, a set of laws were put in place titled jus gentium or law of the nations. These laws were set in place to govern both Roman citizens and foreigners. This set of laws would govern even magistrates and was a better alternative to jus civil. Generally, Roman had treaties with foreign states that would protect foreigners who ventured into Rome. For those foreigners whose state did not have a treaty with Rome, jus gentium would protect them as well. These laws would consist of three elements. The first would apply to an existing mercantile law and would be used by traders. The second part of the law would govern the Roman citizens and foreigners collectively and the third part of the law said that the magistrate would use his definition of what was fair and just."
Abstract This paper is a detailed discussion of Islamic criminal law, its sources, its application, and its conflict with international law and human rights. The author examines both primary and secondary sources of Islamic law, and describes Hudud, Tazir and Qesas crime and punishment. The paper also focuses on the historical background of Muslim law.
From the paper:
?Islam means "submission" or "surrender" to the will of Allah. For the more than one billion Muslims of the world, this means submission to a comprehensive code of law governing every arena of life: social, political, economic, and religious. In Islam there is no separation of church and state, no distinction between religion and politics; Government, law, and religion are unified. Some would argue that Islamic law is not fully practiced in any part of the Islamic world. While this may be true, twenty-three nations have either declared Islam to be the state religion or declared the religious writings of Islam to be the principal source of law.?
Abstract This paper discusses the similarities and differences between American law and Jewish law (the Halakha) in terms of change, obedience and morality. It discusses each legal systems' approach to obeying the law, law and change, and the nexus between law and morality.
From the Paper "In discussing the idea of law legal scholar Dennis Lloyd stated that contemporary law in Western society is very much the product of influences emanating from the ancient Greeks and Hebrews who individually brought a ..."
Tags: American law, Jewish law, common law, Halakha
Abstract This paper deals with the problems in implementing Megan's Law also known as community notification laws for sex offenders This paper lays out in great detail the problems this law presents to law enforcement officers. The author argues that Megan's Law has a lot of flaws and questions that must be addressed.
From the Paper " In the wake of the murder of seven-year-old Megan Kanka by a convicted sex offender, the State passed a series of bills designed to toughen the states handling of sex offenders. These bills Senate No. 13-1994 and Assembly No.85-1994, commonly known as Megan's Law, range in scope from requiring convicted sexual offenders to provide blood specimen's to a DNA database, to studying the effectiveness of the state's treatment center of sexual offenders. These bills address the danger of recidivism by sex offenders. It requires the registration of sex offenders to their local police. If their municipality does not have a local police department, they must register with the State Police. They must verify their address with the police every three months. The most controversial provision of Megan's Law is the community notification provision that provides notification when a sex offender will be let out of prison at least 45 days before they are released. The bills passed both houses by an unanimous vote. It was signed into law by Governor Whitman on October 31, 1994. (Dougherty)"
Tags: community, law, laws, megan, notifaction, offenders, sex
Abstract This paper discusses a criminal law, Public Law 104-132, that created disadvantage for the prosecution by preventing it from convicting a known terrorist supporter. The paper summarizes an article in Time magazine surrounding the case and provides an opinion as to what the law's weaknesses are and how the law should be addressed.
From the Paper "The nation's laws are intended to bring the guilty to justice and preserve the freedoms of the innocent. However the laws do not always accomplish these goals effectively. Some laws are so poorly constructed that they provide ..."
Tags: criminal law, terrorism, disadvantage, Public Law 104-132, Time magazine
Abstract It is indisputable that the natural law perspective has had a powerful influence on Canadian laws and lawmakers. However, some theorists believe that in today's multicultural and diverse societies, natural law is no longer relevant. It is argued in this paper that this is not accurate, and that the natural law perspective continues to have a powerful influence on Canadian laws and lawmakers. It shows, however, that other perspectives also have an influence.
