A comparison between civil wrongs or torts, and crime.
Comparison Essay # 96551 |
1,291 words (
approx. 5.2 pages ) |
3 sources |
MLA | 2006
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$ 26.95
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Abstract
This paper takes a look at the issue of a civil wrong versus crime. According to the paper, a civil wrong is also referred to as a tort, which is covered by the tort law, a branch of civil law. The paper further reports that a crime is the violation of a public law and covered by criminal law.
From the Paper
"In the case of Bill and Joe, Bill's action fulfills all the four elements required to prove a criminal threat. If Bill became successful with his threat, he could have killed or severely injured Joe with the bat. His words conveyed his intent to kill Joe. The intent was clear and complete from his utterance. The threat was fatal. Second, Bill's utterance expressed a specific intent to kill Joe and that he meant Joe to receive it as such. Bill may or may not have been able to carry his threat out, but his intent was clear and complete from his very statement. Third, the context and circumstances in which Bill made the threatening statement also convey the same fatal intent. Bill had been giving Joe a hard time about the latter's tardiness for several days. Bill could have taken suspected that Joe intentionally retaliated when Joe accidentally hit him with a ball. And fourth, the verbalized threat was unmistakably clear, unconditional, immediate and specific. The words were precise and to the point. They sounded immediate, as Bill already held the bat in his hand and charged at Joe. The threat of death or grave bodily hard was specific upon Joe. Bill's clear words and the act of charging Joe and with the bat in hand also presented the factor of immediacy. The weapon was present and visible and accompanied the verbal threat. Bill need or need not demonstrate the immediate ability to carry out his threat. But the words he used were of an immediately threatening nature and conveyed the immediate performance of the fatal or serious threat. Bill's verbal threat and act of charging Joe with a bat were enough to evoke sustained fear in Joe. The conditions were enough to prove a criminal threat against Bill."
Tags:manslaughter, criminal, crime, homicide, killing, misdemeanor, felony, Battery, defamation, privacy
An examination of the nature of habeas corpus, analyzing whether it is more a civil right or a civil liberty.
Analytical Essay # 132514 |
3,250 words (
approx. 13 pages ) |
15 sources |
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Abstract
This paper explores the origins of the writ of habeas corpus from is early manifistation that predate the Magna Carta through its present day applications in the release of prisoners exonerated by DNA evidence. The nature of habeas corpus being a civil liberty rather than a civil right and the differece between the two will also be explained. Also present day implications, including the legal concept's impact on wrongful conviction cases, are explored.
From the Paper
'bstract This paper shall explore the origins and history of habeas corpus, from its roots that predate the Magna Carta through the present day where it is being employed to the benefit of hundreds that wrongly languished in prison. The distinction between civil right and civil liberty will be explain, and which applies to habeas corpus. Habeas corpus has had its historic ups and downs, and has a unique place in the Constitution, separate from provisions contained in the Bill of Rights. Habeas Corpus - Civil Liberty or Civil Right? You have the body, Habeas corpus, an order to release a person from ..."
Tags:sentence, reverse, wrongful, conviction, innocent, appeal
This paper reviews and analyzes "Chicano! The History of the Mexican American Civil Rights Movement" written by Francisco A. Rosales.
Book Review # 68121 |
956 words (
approx. 3.8 pages ) |
1 source |
APA | 2006
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$ 20.95
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Abstract
This paper details the content of Rosales' book which uses testimonies from the past in the form of personal narratives, as well as historical documentation of the often difficult relationship between Mexico and America. The author contends and explains why it's imperative for America to right old wrongs and for Caucasians, Chicanos and Latinos across the nation to become more active in securing greater recognition and political enfranchisement for Chicano workers. This paper examines and details the prejudices chronicled in the book that still resonate today. Rosales' book is structured along four basic parts, which chronologically illustrates the Chicano movement. Part 1 explores the beginnings of the Chicano movement and its place in Mexican-American history. Part 2 reviews the birth of the Chicano civil rights struggle and its association with Cesar Chavez. Part 3 discusses the urban dimension to the struggle for Chicano rights. Part 4 describes the creation of the La Raza Unida Party and its impact on political power and rights.
From the Paper
"Part 4, "Fighting for Political Power," concludes the book. It describes the creation of La Raza Unida Party as a third party force for political power and the importance of political rights. But the 1972 election and the Raza Unida convention of that year resulted in an eventual fragmentation of the party at the height of its membership and recognition, and unfortunately drew the first chapter of the Chicano movement to kind of a close, as older alliances began to drift away, and the American nation as a whole began to lose interest in some of its political concerns. After the Vietnam War wound down, many Americans became less politically interested and mobilized."
Tags:latino, rights, perception, literature, review, cesar, chavez, history, prejudice, political
A discussion as to the validity of Socrates' argument for civil obedience as stated by him in "Crito".
Argumentative Essay # 91230 |
1,734 words (
approx. 6.9 pages ) |
3 sources |
MLA | 2006
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$ 33.95
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This paper is a criticism of Socrates' argument for civil obedience, as presented in the "Crito". The paper attempts to disprove Socrates' points that one should never do wrong and that it is always wrong to disobey the state. The paper concludes that Socrates does not provide solid or reasonable evidence to support the claims he makes in "Crito", and therefore, his argument for civil obedience invalid.
From the Paper
"A similar inconsistency is seen when Socrates argues that the opinion of the many should be disregarded because the many do not know what is right or wrong, just or unjust, good or evil, or honorable and dishonorable. The problem is that Socrates is accepting the law as knowing what as best, without proving that the law is based on right and wrong. Since the law represents the opinion of the many, it is especially questionable that the law would know right from wrong. This is an idea asserted by Plato where he argued that the leaders of society do not know what it right or wrong or what is good. Based on this, he said that "the right sort of state cannot exist unless philosophers rule it" (Irwin 107). This shows that the law should not be accepted as right, but should be proven as being right before it is completely accepted. Socrates does not make this attempt, which represents a flaw in his thinking."
Tags:assumptions, dependent, law
An analysis of civil liberties and civil rights and which of them applies to habeas corpus.
Term Paper # 102677 |
3,137 words (
approx. 12.5 pages ) |
15 sources |
APA | 2008
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$ 54.95
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Abstract
This paper explores the origins and history of habeas corpus, from its roots that predate the Magna Carta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper
"Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
Tags:legislature, supreme court, society, magna carta
This paper compares and contrasts gay rights with civil rights.
Argumentative Essay # 99299 |
880 words (
approx. 3.5 pages ) |
1 source |
MLA | 2007
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$ 18.95
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In this article, the writer discusses whether homosexuals should receive rights guaranteed in the Bill of Rights. The writer questions whether gays should receive rights compared to civil rights. The writer argues that while it is true that gays and minorities are often mistreated, the difference is in the ability to make a decision. The writer maintains that gay rights are different than civil rights because homosexuals make the decision to be gays and even the Bible shows that it is wrong, but African-Americans are born "black" and the Bill of Rights guarantee rights to "all men". The writer then points out that the Civil Rights Act was passed to guarantee that all African-Americans be treated equally with other Americans. The writer argues that comparing gay rights with civil rights shows that gays make a decision to date or love another person of the same sex, while African-Americans are born with their skin color and they should be given the same rights as any American.
From the Paper
"Before determining whether gays should have rights it is important to look at the definition of homosexuals. The definition of homosexuals will show that it is defined as a sexual orientation with romantic love and sexual desire of the same sex or gender. When a person falls in love with another person, a decision must be made to love the person. Homosexuality is a decision. The gay person decides to fall in love with another person of his or her same gender. This is the same as if a person decides to never date a person or if a person decides to fall in love with another person of a difference sex. Since it is a decision, people should not receive certain rights because they make a decision. Many homosexuals and minorities are rejected jobs and other freedoms so many people believe they should have rights as guaranteed by the Bill of Rights. However, it is important to remember that homosexuals decide whether they want to have a love life with a member of the same sex."
Tags:color, sexual, choice, decision
An argument on the differences between gay rights and civil rights.
Argumentative Essay # 129425 |
750 words (
approx. 3 pages ) |
0 sources |
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$ 16.95
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Abstract
The paper argues that gay rights are different than civil rights because homosexuals make the decision to be gays and even the Bible shows that it is wrong, but African Americans are born "black" and the Bill of Rights guarantee rights to "all men". The paper compares gay rights with civil rights to show that gays make a decision to date or love another person of the same sex, while African Americans are born with their skin color and they should be given the same rights as any American.
From the Paper
"In a recent survey, people were asked whether same-sex relationships between consenting adults be legal with the results showing 48 percent saying yes and 46 percent saying no (Page 2003). While this close margin shows many people are lenient toward homosexuals, the question is whether they should receive rights guaranteed in the Bill of Rights. Should gays receive rights compared to civil rights? What is the difference? While it is true that gays and minorities are often mistreated, the difference is in the ability to make a decision. Gay rights are different than civil rights because homosexuals make the decision to be gays and even the Bible..."
Tags:african, american, homosexuals, rights
An analysis of the behavior of people from the North and the South during the Civil War.
Term Paper # 99776 |
1,648 words (
approx. 6.6 pages ) |
6 sources |
MLA | 2007
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$ 32.95
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This paper examines the human face of the American Civil War, focusing on the state of Tennessee. It describes the course of the war and the cause of the war and shows that both are historically contested. The paper refers to primary source evidence to show that the excesses of war led to actions on the part of both sides that could be construed as morally wrong and that there were ordinary, innocent people in the Southern state of Tennessee who suffered greatly for their beliefs.
From the Paper
"Of course, it is necessary to consider the veracity of the source. Williamson was only 16, and she was not a first-hand witness to the event she describes. However, if we refer to secondary sources, we find ample evidence that she was probably correct. Paine was so well known for brutality and sadism, that he was removed from his command by the Union leadership, and placed in charge of bridges near Nashville. Even there, he managed to misbehave, and was investigated, found guilty by a congressional inquiry, and punished with a reprimand. This scarcely seems adequate for his murderous deeds. However, the point is that war is often horrific, and there are no sides that are "good." This is too simplistic a view, as attested to by Williamson's disturbing Diary. (Special Collections Library, Duke University.)"
Tags:congress, slavery, abolishment
The real threat to big businesses of tort law and punitive damages.
Book Review # 3881 |
1,410 words (
approx. 5.6 pages ) |
2 sources |
2001
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$ 28.95
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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."
Tags:Harr, environment, punitive
This paper discusses the problem of wrongful convictions in the criminal justice system especially in Canada and specifies two cases.
Essay # 102723 |
2,835 words (
approx. 11.3 pages ) |
11 sources |
APA | 2008
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$ 50.95
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Abstract
This paper stresses that the criminal justice system is a form of theater in its subjective flourishes, which can very much alter what happens to the accused. The author points out that an innocent person can be falsely convicted and spend years in a correctional institution based on his looks and behaviors. The paper relates that Stephen Truscott's wrongful conviction demonstrates the absurdity of what can go wrong when an innocent man refuses to confess to a crime he did not commit. The author underscores that the issue of wrongful accusation and conviction points to possible errors by the police, the courts and the handling of evidence. The paper urges that this issue should be examined in the context of Canadian civil culture, which disdains the criminal, especially in cases where the accused is allegedly responsible for sexual offenses and homicides involving children.
Table of Contents:
Introduction
Stephen Truscott's Failure to Demonstrate Remorse
Culture and Criminality
The Wrongful Conviction of Guy Paul Morin
Implications
From the Paper
"In October of 1984, Morin was falsely accused of the still unsolved sex murder of 9 year-old Christine Jessop, his next-door neighbor" in Queensville, Ontario. Morin was then aged 25. When Jessop was reported missing, the Durham Regional Police responded and questioned members of the Morin family. It was observed that Guy Paul Morin showed no reaction, looking ahead, as was noted by police as suspicious. This reaction however is seen as one of several typical if unexpected reactions to police questioning, part of what Gudjonsson analyzed as part of the psychology of interrogations, of all kinds, as may produce extreme evasion or non-acceptance that a crime has taken place, as well as unwanted false confessions."
Tags:remorse, homicide, culture, record, evidence