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Law vs. Justice, 2005.
This paper examines three legal cases to explore the issue of law versus justice.
2,070 words (approx. 8.3 pages), 5 sources, MLA, $ 65.95
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Abstract
This paper explains that justice is defined as conformity to moral rightness in action or attitude, the upholding of what is just, especially fair treatment and due reward; whereas, law is a body of rules and principles governing the affairs of a community, the condition of social order and justice, created by adherence to a fixed legal system. The author points out that justice and law both aim at order and stability in society and the promotion of the highest welfare of the individuals in that society. The paper relates that the philosophy of law, which applies to Ann Hopkins' case, is stated by Oliver Wendell Holmes: Justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation; however, a set of rules is needed to make society function and these rules must be carried out.
Table of Contents
Case # 1: Paul Cronan vs. New England Telephone Company
Case # 2: Ann Hopkins
Case # 3: Ashland Oil, Inc.: Trouble at Floreffe
From the Paper
"Law is founded on the natural law and positive law. Natural law deals with the doing of good and avoidance of evil, in keeping promises, telling the truth, compensating for injuries. Its standards are fairness and justice. Positive law is the set of rules agreed upon by the authority. It derives from common legal heritage, the court system and decisions, executive decrees and orders, legislative rules and laws and resolutions issued by the bureaucracy. It focuses more on order and stability and less on fairness and justice. However, natural law and positive law sometimes come in conflict, as in the issues of slavery, ownership of property, voting restrictions and racial segregation."
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Law and Justice in Literature and Film, 2004.
An analysis of how the issues of law and justice are presented in works by Martin Cruz Smith, William Shakespeare, Karl Marx, and the film, "Casablanca".
1,275 words (approx. 5.1 pages), 4 sources, MLA, $ 43.95
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Abstract
The 1980's crime novel, "Gorky Park", by Cruz Smith, Shakespeare's 'problem' play, "Measure for Measure," Marx and Engels's political manifesto, "The Communist Manifesto", and the World War II Warner Brothers motion picture, "Casablanca", all ask, at their respective narrative and philosophical hearts, the fundamental human question: What is justice? The paper shows that all grapple with the issue of how best to create a truly just society rather than one that is only superficially just. They ask, for example, whether just men and women or a just system of laws produce fair and equitable societies. Also, whether a fair code of laws or good people attempting to do what is right within any particular moral context is more important. The paper shows that, despite having been produced during different times and for different purposes, these four works form a textual unit that may be analyzed as argument by the critically inquisitive reader. Taken as a whole, this package of textual materials argues that the formulaic construction of law and government are meaningless, and the acts of good human beings alone can construct a truly just society.
From the Paper
"Marx and Engels called upon the reader, the member of the working proletariat, to respond to the text out of the outrage of his or her unjust experiences within the capitalist systems. The system must be changed, these authors counsel the reader. However, even these supreme advocates of systemic rather than personal and psychological change, must call forth within the reader a sense of sustained emotional outrage within his or her breast, without which no change would be possible. "All that we want to do away with is the miserable character of this appropriation, under which the laborer lives merely to increase capital, and is allowed to live only in so far as the interest of the ruling class requires it." (Chapter 2)"
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Law and Popular Justice, 2004.
This paper explores the relationship and differences between law and the people's concepts of justice.
1,640 words (approx. 6.6 pages), 4 sources, MLA, $ 53.95
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Abstract
This paper explains that laws reflect, not universal, natural conditions, but particular cultural and social constructions. The author argues that one of the reasons that laws exist is to impose an artificial simplicity and order onto human behavior and human belief. The paper points out that, in a democracy, the law shifts from one era to the next, trying to reflect and create as great a consensus as is possible, but always leaving a large number of people outside of that consensus.
From the Paper
"Let us take a recent example of this. Ira Einhorn, who had been convicted in absentia in 1993 of killing his girlfriend, had fled to France. When U.S. authorities determined that he was living in that country, they asked French officials to allow them to extradite Einhorn back to the United States when he could be retried and sentenced. Both France and the United States have as a part of their culture and their laws a prohibition against murder. However, in France, this prohibition against murder includes executions (which opponents often refer to as state-sanctioned murder). In the United States (at least at the federal level and in many of the states), the legal and cultural prohibition against murder does not include execution."
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Law and Justice, 2005.
This paper discusses law enforcement and how it changed after September 11.
1,575 words (approx. 6.3 pages), 3 sources, $ 62.95
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Abstract
The paper examines a number of issues. Specifically, the paper provides a definition of justice as it pertains to law enforcement and it examines the extent to which justice and American policing co-exist peacefully. The paper also examines the controversy surrounding various police practices in recent years and explores the issue of whether or not 9/11 is wholly responsible for the changes which have taken place. Finally, the paper briefly concludes with what the challenges facing American law enforcement are in the years ahead and what can be done to overcome these challenges successfully.
From the Paper
"Law enforcement in America is inextricably linked with the administration of justice. For example, if law enforcement is weak, then justice will not be served for victims and for their families. The following paper will define justice as it relates to law enforcement and outline three current practices of law enforcement which demonstrate the "successful achievement" of the aforementioned definition. The paper will also examine whether or not all parties would agree with the contention that the above practices demonstrate the proper administration of justice; additionally, the paper will consider the possibility that they may, in fact, lead to injustice. Proceeding onward, the paper will note how law enforcement has changed since September 11, 2001, whether these changes have been positive or negative, worthwhile or necessary and whether or professionals within the field have been concerned by their emergence."
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Combined Law Enforcement and The Criminal Justice System, 2005.
Investigates the option of combining all the law enforcement agencies under one umbrella organization in the United States.
3,879 words (approx. 15.5 pages), 31 sources, APA, $ 106.95
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Abstract
This paper addresses the issue of the United States combining all police agencies into one national police organization, as well as the consolidation of the criminal justice system, based on the current threats of terrorism and other dangers to the United States. Issues discussed in this paper include the role of the police in U.S. society, duplication of laws (between state and federal statutes), local control of police function, training and education of officers' issues, discretion issues and corruption issues.
Table of Contents
Introduction
Dangers to the United States
Combining of Police Agencies to form one National Police Organization
Effects of Consolidation on the Criminal Justice System
Role of Police in U.S. Society & Jurisdictional Issues
Duplication of Laws (State & Federal)
Training & Education of Officers
Control of Local Police Functioning
Discretion & Corruption Issues
State and Federal Judicial and Correctional Systems
References
From the Paper
"Currently the role of the police in the United States is to protect the community, and maintain order while enforcing the laws that have been written. Further the police are responsible for detecting and preventing crime, arresting individuals that have committed a crime and seeking justice for their victims. Police endure specific training in regards to the laws set for the state and community in which they are to enforce the law. This training not only teaches them how to fight crime but how to maintain the safety of all citizens at all times within their abilities."
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Social Law and Statutory Law, 2006.
An overview of the juvenile justice system in the U.S. and how it deals with juvenile delinquency.
932 words (approx. 3.7 pages), 3 sources, APA, $ 33.95
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Abstract
This paper examines the juvenile justice system in the United States, explaining the reasons why it is separated from the regular crime system and how it is influenced by the political and social conditions of the state. Particular attention is paid to the juvenile justice system in California and how the system has increasingly focused on incarceration rather than rehabilitation. Finally, the paper discusses evidence indicating that mental health services at an early age are highly effective in treating potential juvenile offenders and turning them away from a life of crime.
From the Paper
"The main object of separating the juvenile justice system from the regular crime system had been on the assumption that minors were different from adults in their ability to make decisions and understand consequences, "The juvenile justice system has evolved over the years based on the premise that juveniles are different from adults and juveniles who commit criminal acts generally should be treated differently from adults" (Roberts, 2005). It was observed that the younger the offender, the more likely that a repeat offense would be stopped and a change in behavior would be observed. It was, therefore, thought that youngsters should be given the benefit of the doubt and should not be treated as adult offenders."
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International Criminal Justice System, 2006.
An outline of a model for a global system of law enforcement and justice.
2,376 words (approx. 9.5 pages), 5 sources, APA, $ 72.95
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Abstract
This paper proposes that an International Criminal Court based upon already existing working models of criminal justice systems could and should be established. Next, the paper examines some of the existing models of law enforcement and explains how they could be expanded and combined in order to create a global system of law enforcement that would supercede the current national systems in operation, rather than be subordinate to them.
Outline
Argument against International System
European Model Already Exists
Lessons from the International Criminal Court
Positive: It Pre-exists Incidents
Negative: It has Limited Jurisdiction
Historically, Global Investigation of Financial
Misdeeds Useful for New Organization
UN Crime Conferences Establish Grounds for Action
UN Already has Mandate
Interpol Already has Experience and Good Reputation
Combine These, Use Facets of Each
From the Paper
"There is a major argument against forming a true international justice agency often cited by opponents, that in creating such an entity, individual states would lose a portion of their sovereignty. However, there are already components of such an agency, from finding and arresting criminals to bringing them to justice, in place. Expanding them, at a time when sending information across national boundaries is instantaneous and universal, seems essential, more essential, in fact, than was the creation of the European Union, once a seemingly impossible concept as well. It was, for example, unthinkable that European nations would relinquish their own currencies in favor of an international standard, at least among those nations."
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Meaning of Justice, 2007.
This paper examines the meaning and the connotations of justice.
1,200 words (approx. 4.8 pages), 8 sources, MLA, $ 41.95
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Abstract
In this article, the writer discusses what exactly justice means and how it applies to a criminal justice professional. The writer explains that justice, as such, refers to a sense of fairness and impartiality, an even-handedness, righteousness, and also objectivity and independence in making up one's opinions. Further, the writer notes that justice is the concept which must predominate when laws are being made, and for a layman, justice would mean that he would be safe and secure in the knowledge that he would be protected adequately by the law, and by the sense of justice that the law must uphold, no matter what. The writer concludes that although justice may have several different connotations, the bottom line is that the criminal has to be punished, and the victim awarded respite and retribution for the crime that he has suffered.
From the Paper
"When one wished to search for the true meaning to justice, one must first decide the method that he wished to use to search for it, because this would provide a rational answer to the problem. The meaning of justice can perhaps be taken therefore, from its use in legal theory, and thereafter, combining it with a concept of ethics. For a criminal justice professional, he would study social control, penal law, criminal procedures, social law, evidence, criminology, victimology, and various other components of the justice system. Each area of study is equally important, and unless all the areas are given equal justice, the professional would not be able to practice law in all fairness. He must be able to implement as many types of justice as are humanly possible in this world, and concentrate on being fair and just in all his judgments of criminal and social behavior."
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Jerome Skolnick's "Justice Without Trial", 2005.
A review of Jerome Skolnick's book "Justice Without Trial: Law Enforcement in Democratic Society".
891 words (approx. 3.6 pages), 1 source, MLA, $ 31.95
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Abstract
This paper summarizes and reviews author and criminal law professor Jerome Skolnick's book on justice in a democratic society. The paper explains the main thesis of Skolnick's book that the first line of defense in the protection of personal safety and property in any democratic society is that of effective law enforcement and then explains why Skolnick see this as inherently problematic.
From the Paper
"Skolnick wrote in 1966 that despite the appearance in the instutitionsal fabric of American society, of a disinterested justice ethic, the systemic focus upon clearance rates in the then-current American policy model of criminal justice encouaged police to merely create an appearnce of doing their job. Police, Skolnick argued when he first wrote the article that became the text under discussion, that the police were pursuing convictions rather than seeking truth at any price. Police were willing to see the innocent convicted, at the price of justice itself, merely to 'do their job' and they thought, to create a more secure society."
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Weaknesses in the Criminal Justice System, 2002.
Questions whether the American criminal justice system has a weak or strong link with other departments.
717 words (approx. 2.9 pages), 8 sources, APA, $ 25.95
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Abstract
In large countries, administering justice is by no means an easy task. This is because there are a great many people, composing a diverse demography amid a never-ending sea of social problems. In order to cope with these problems, criminal justice systems are set up to implement laws that address disorder. But in spite of the criminal justice system being established, intricacies created by social disorder mitigate the efficiency of the laws implemented. In addition to this, there may be other factors, such as malpractice by law enforcers that cause the justice system much embarrassment and dissatisfaction. This paper argues that the American criminal justice system appears to be composed of separate systems with weak links to each other, since they each act almost independently according to the discretion or loopholes in the law. The paper uses a case study to present its argument.
From the Paper
"Another weakness in the justice system is the allowance for law enforcing officers to use discretion. These are actions that are legitimate, but it must be remembered that these actions are allowed because of the fact that if every one had to be judged by the narrow descriptions of the law there would be many more people in jail than there already are. But the problem is that there have been several cases where police discretion has also been used in a negative fashion."
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Public Opinion on Justice, 2002.
The current status of the criminal justice system in America and potential improvements.
2,723 words (approx. 10.9 pages), 9 sources, MLA, $ 81.95
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Abstract
This paper explores how the public views the criminal justice system in the United States. The paper presents a history of the judicial system and reviews how the American public has gradually become less satisfied with the justice system specifically but also with general government institutions as well. The paper presents issues that relate to the judicial system, including crime levels, society expectations and political aspects. Finally, the paper offers suggestions for improving the system thereby increasing public approval.
Contents:
Introduction
Public Perception of the Legal System
Rule of Law
Judicial Independence
Equal Justice Under the Law
American Example of Justice to the Rest of the World
Personal Experience
References
From the Paper
"Concern over recent challenges in the state and federal courts against individual judges, and concern over challenges undermining the authority of the judiciary as a whole, has reached a serious level. Challenges to judicial independence at the federal and state level include the unwarranted criticism of the judges; single issue campaigns against sitting judges; inadequate funding of the judiciary; judicial recall elections; proposed term limit constitutional amendments; partisan
delay in confirmation of federal judicial nominees; threats of impeachment and calls for resignation; and reductions in state and federal sentencing power and discretion."
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A Restorative Justice System, 2008.
This paper explores the need for a restorative justice system to take the place of the existing criminal justice system.
2,746 words (approx. 11.0 pages), 6 sources, APA, $ 82.95
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Abstract
The paper explores why the public seems to have low levels of confidence and trust in the justice system and the extent to which community residents participate in justice initiatives. The paper examines the potential and the limits of restorative justice as a mechanism and discusses increasing community and citizen involvement in the justice process. The paper clearly shows the evidence that approaches to justice in our modern Western society are ineffective. The paper explains how the criminal justice system ignores the public's role in addressing crime, and thus alienates the community. The paper concludes that future approaches to justice should revolve around a restorative system as opposed to a criminal justice system.
Outline:
Introduction: The General Public and the Criminal Justice System
Why the Public Seems to Have Low Levels of Confidence and Trust
in the Justice System
The Extent to Which Community Residents Participate in Justice
Initiatives
The Potential and the Limits of Restorative Justice as a Mechanism
For Increasing Community and Citizens' Involvement in the Justice Process
Conclusion
From the Paper
"Evidence shows that public confidence and trust in the criminal justice system is low. In Canada, a recent survey revealed that most citizens were dissatisfied with the government's response to crime, even though they found no fault with the police themselves (p. 64). It appears to be the criminal justice system itself that dissatisfies the public. Canadian citizens are dissatisfied with the performance of the criminal court, the prison system, and, in particular, the parole system (ibid). The same findings tend to be replicated in studies of other Western countries, such as the U.S. and Europe (p. 65)."
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Restorative and Retributive Justice, 2004.
An analysis of the differences between restorative and retributive justice and their impact on the American justice system.
3,058 words (approx. 12.2 pages), 11 sources, MLA, $ 89.95
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Abstract
This paper examines how different theories of justice prevail at different times and how two of these can be termed restorative justice and retributive justice. It looks at how, stated simply, restorative justice emphasizes rehabilitation, while retributive justice emphasizes punishment. It attempts to show how the conflict between these two theories marks much of the history of American justice and continues to shape penal policies today.
Outline
Introduction
Punishment and Crime
Restorative Justice
Retributive Justice
Current Programs
Conclusion
From the Paper
"Punishment in itself is a problem and has been since the beginning of human society. Some people today see punishment as a vestige of the human past that should have been left behind when human beings came out of caves and formed a social order. These people feel that today we should substitute measures that do not involve cruelty to our fellow man. Others believe in punishment as a retributive instrument and feel that punishment can be used against anyone who breaks the laws of God or Man. Packer (1968) writes: "I think both are wrong, although the danger of the moment is that we will overuse the criminal sanction, not that we will abandon it" (p. 3)."
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Criminal Justice, 2007.
An examination of the basis and implications of the exclusionary law of evidence collection.
831 words (approx. 3.3 pages), 2 sources, APA, $ 29.95
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Abstract
This paper discusses the concept of the exclusionary rule in criminal justice. Specifically, it describes the basis for the rule that puts restrictions on the way in which the police department can conduct a search, when they can search and where they can search. It describes the basis of this rule as being the suspected criminal's rights under the Fourth Amendment and discusses the implications of this law for criminal justice.
From the Paper
"The exclusionary rule is "the principle that the prosecution in a criminal case may not use evidence obtained in violation of the Constitution, particularly evidence derived from illegal search and seizure in violation of the Fourth Amendment" (Clapp, 2000, p. 169). The purpose of the exclusionary rule is to curb illegal and invasive behavior by law enforcement by putting restrictions on the way in which they can conduct a search, when they can search, and where they can search. Furthermore, it makes sure that the police have ample evidence to believe that the place and/or person to be searched contains the vital evidence for which they are looking."
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European Communities and the European Court of Justice, 1990.
This paper examines the role of the European Court of Justice in the political integration of the member states of the European Communities: European cooperation in economics, national interests, law and integration of actions and policies.
1,575 words (approx. 6.3 pages), 11 sources, $ 55.95
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From the Paper
"This research examines the role of the European Court of Justice in the political integration of the member states of the European Communities. The Court of Justice is a body of the European Communities. There are several sub-communities of the European Communities, of which the most widely known is the European Economic Community.
Integration in Europe
Within the context of international regional integration, there are five levels--(a) free-trade area, (b) customs union, (c) common market, (d) economic union, and (e) political union (Grosse & Kujawa, 1988). Each successive level involves a greater degree of integration. At the lowest level of integration, the free-trade area, tariffs are eliminated on the ... "
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