Law

The lock is a system that uses a mechanism of keeping an intruder out by denying access through the otherwise authorized route of passage. It is therefore important for a designer to keep in mind the inner mechanism of locks and most crucially on the place of use. Effective locking systems are not prone to picking and should provide security as required by their intentions of manufacture and installation. It is from this point that any motive to mount a lock needs prior consideration of the options and the merits of placing one at a particular position.  Obviously, there are a number of locks that can be used in a number of places depending on the suitability and the nature of the lock.

Bearing this in mind, the design, fitting, assemblage and maintenance of the anti-theft and anti-intrusion equipments have seen the advancement of technology in designing almost pick proof locks. Although this has succeeded largely, cases of high levels of crimes have proved to go past the devices and barrier measures causing considerable damage, loss and sometimes death.

In this work, the focus will lie on the use of locks as anti crime systems and their make up for effective use in bank safes and entrance doors at my workplace.  The use of barriers is not enough to guarantee against picking and intrusion due to the nature of firms and organizations and at the same time the stake in their operations as well as the amount of investment. The use of locks is an additional measure to the use of barriers in ensuring physical security.

Key operated locks use internal barriers as wards and tumblers that work in a coordinated arrangement mode when the right key is inserted to allow access by rightful entry. There are three types of locks that use a key the lever, the pin and the disc tumbler mechanisms.  In addition, there are other types namely the padlock, combination locks, strikes, cylinders and unit locks. In my place of work, the entrance door to the inner banking hall uses the lever tumbler key operated lock.  This is a high security lock that works by use of a key that takes on the saddle lifting it such that the fence parallels with the gate. This allows the free movement of a bolt to the end which later can be withdrawn.

The lever tumbler consists of a post that is fastened on the case unto which is fixed the lever. In turn, the lever has leaf springs attached to it holding it down in an overlapping posture to the bolt notch. The importance of this is that it prevents the bolt from its withdrawn position by its fence which is ensnared by the front edges known as shoulders of the lever. The key completes the retraction in that the key bittings hold the lever aligned and at the same time contacting the end shoulder of the bolt notch. When the key has rotated fully, it completely withdraws the bolt thus it can be taken out. Any wrong key inserted works half way by raising the levers to the wrong position thus the levers obstruct the fence. This lock is used at the entry door to the inner banking hall due to its high security and thus it is not easy to pick.

The combination lock is used in the bank safe for all the cash deposits in the bank. It is highly effective due to the fact that it uses a secret combination of numbers or passwords that line up the tumblers.  The lock consists of tumblers known as wheels, each with a slot known as a gate that is devised to act on the fence after the correct alignment. For the operation of the lock, the gates are lined with the fence by the dial numbers. The numbers or passwords are called combinations which usually are three pairs but for cases of high security the priority is given to four pairs. The number of pairs gives clue to the number of tumblers thus a three means there are three tumblers in the lock.

The drive cam and the dial are set on the spindle to aid in rotation from the dial to the wheels allowing the retraction of the fence and at the same time pulling the bolt lever for renunciation. This mechanism in turn is not possible without the presence of the flies that transfer the motion from the dial to the wheels via the pin, a process referred to as nesting. To open this lock, the authorized operator has to turn the lock to the index mark, and then turn in the reverse direction to disengage the first wheel, then the second and the third with the given number of directions and turns of such a lock depending on tumblers present. The advantages of this lock are that, with an increase in number of tumblers the security is very high although wielding such numbers are quite tricky. On the other hand, it is difficult to guess the combination of passwords or numbers to open the lock.

However, this does not guarantee surety since it has its weaknesses. For instance, if the materials used are not sound proof it is easy to open by marking the tumbler position. If the width tolerance is wide, it allows the fence to enter the gate even without actual alignment. These two locks have been effective to the bank for quite some time and forceful attacks in the past have been futile though considerable damage has been recorded. The key lever tumbler lock at the entry of the inner banking was marked by punching bolt on the door after unsuccessful trials that left the mechanism flawed. The combination lock has resisted any successful unauthorized entry due to its mounting on strong steel walls and complex opening mechanism under a password.

To counter on such forceful attacks, the entry door key tumbler system has been added a biometric system that requires the use of finger prints to identify with a closed computer connection under a PIN for identification.  This additional measure allows the entry of only authorized persons who are authenticated by a computer system. The incorporation of electrical computer manipulated installation has enhanced effectiveness of the combination lock. At the same time, the use of sensors at proximity person control alerts the authority of a person near the lock thus allowing automatic response to the situation if it is dangerous.

The use of electrical card operated lock at the entry to the inner banking hall is an alternative to the key lever locking mechanism based on the fact that it is not easy to pick on an electric lock because they do not use manual tumblers. The code operated lock can be used at the safe considering that codes are changed efficiently ensuring high security. In ensuring effective security, there is need for it to work in total complementation to each other to guarantee a complete system.  This is very crucial because locks only cannot provide the required security to the items or places of high priority.

If the door and the walls where the locks are mounted are very weak then any intruder focuses on the weak point concentrating their energies on it and hence can gain a forceful entry. This means that the need to reinforce doors, walls and frames supporting the locks must offer the same security just like the locks for maximum security.  On the other hand, the use of keys to open doors has very many users in an organization. In effect, if there are no records over who has control or who takes the keys or there are many new key designers then it means that chances of misplacing are rife. This provides a window of duplicating which can lead to unauthorized entry. This therefore demands for accounting and management procedures in key recording, key auditing and key cabinets enforced to account for daily use to meet the high security needed.

Lastly, the question of lost keys in an organization, if it goes unreported can lead to security breach. It is therefore a requirement that any key loss should be reported to the key control personnel to determine the solution which is either to change the whole keying process or find the actual key with a proof that there was no duplication. These questions must checked and dealt with in any organization to ensure that investors properties are maintained and kept safe in order to protect the organizations assets and any other property.

The two questions this paper will answer are question two and three.

Q.1. In what ways does the cooperation of other members of the courtroom work group work to your benefit How would answer be different if you approached the question from the vantage point of the judge or the defense attorney

Cooperation of other members of the court room work group work to the benefit of all inside the courtroom through the organized flow of communication and activities. This alone helps eliminate the tendency of the participant to become bored inside the court house. But more importantly, their cooperation helps to facilitate the progress of the court activity. In fact, as Cole and Smith noted, decisions in criminal cases rely on how the participants interact with each other. According to the paper titled The Dynamics of Courthouse Justice this courtroom work group represent a complex network of ongoing social relationships as these courtroom participants are representative of separate independent sponsoring institutions.

In view of the fact that everybody in the courtroom including visitors and friends of the contending parties, are interested in the outcome of the case, everybody benefits from the cooperation of the courtroom work group as everyone play an important roles that contributes to the easy and fast flow of the courtroom activity that results to speedy administration of justice.    

If the question is approached on vantage point of the defense attorney, cooperation will work for the benefit of defendant only when the cooperation of every participant is helping strengthen the defendants position. The situation is always a court battle. That is, as the paper stated, Some defense attorney engage in hostile relations with prosecutors and exhibits attributes of adversarial behavior.  The reason for such behavior can be easily identified especially when the conduct of the prosecutors are hostile to the dependants. That is, the prosecutor hires an expert witness to testify to advance the cause of the party that hired them by behaving in an unethical manner (Peer Review of Expert Testimony Resource Document). However, when the prosecutors are fair and objective, cooperation of courtroom work group creates a good climate for the defense lawyer to build his defense on the case.

Q.2. Of the several consequences of delay, which one do you think is the most important Which one is least important

While it is true that delays in the administration of justice have a lot of consequences, the most important consequence of delay however is the potential deterioration of evidence due to time lapse. This would deprive citizen of a basic right of justice and it will be a mockery of the judicial system because the Constitution declares that every individual is entitled of a speedy delivery of justice. Statically, the length of time from filing to verdict in state automobile jury was 19.2 months. Thus, when a case is more twenty-four months, it may be delayed already due to the statistical findings of 19.2 months from filing and up to the verdict on case. The most important consequence therefore, is when due to the lapse the evidence were lost, or had deteriorated.

Which one is the least important
There are several consequences that the paper had raised regarding delay in the administration of justice. The least one obviously, is the postponement of weak case the prosecutors are likely to lose. This consequence is least because it was based on a narrow and desperate motive. Prosecutor should be objective enough to accept defeat for the sake of the innocent person standing on trial on charges of violation of the law. It is indeed a cheap strategy which only lengthens the anguish of the innocent man on trial. Delaying the administration of justice will only lead to the deterioration of evidence which can lead to the deterioration of the case.  The consequence of justice delay therefore is justice denied.

There are five main elements of crime which include Actus Reus, Mens Rea, Causation, and Concurrence. This essay however looks at the two key elements of crime which are Actus Reus and Mens Rea.

Actus Reus is a Latin term that is used in criminal law and refers to actual act of crime which has been committed by an accused person. Actus Reus consists of a number of elements which are both the circumstances and the consequences surrounding liability associated with that particular crime. For a person to be held liable of a crime the Actus Reus must be voluntary. This means that the act of crime must have been done out of lack of control on the part of the accused person. Men Rea on other hand is the mental element of the accused person. Usually the court in deciding the liability of an accused person there must be evidence beyond reasonable doubt that the accused person had a guilty mind. This means that the accused person must have had the intention to commit that particular crime. This discussion looks at a practical scenario while carefully examining the presence of the two elements of crime and the possible defense available to each case.

Looking at the practical scenario, Amelia is the mother of a three month old baby. Bill, the husband of Amelia punched her due to the persistent cry of the child. Bill upon punching her later fell asleep. Amelia, his wife, went to the kitchen got some white spirit and poured it on him then set him ablaze. Bill sustained sever burns and after a few days he succumbed to these injuries and died. Amelia has been charged for the death of Bill. The court will look at a couple of elements in order to identify if Amelia is responsible for the death of Bill or not.

As already mentioned for Actus Reus to be said to be in existence, the act done must be voluntary. This means that the accused persons must be in such a state of mind as to be aware of the nature of act that they engage themselves in. In this particular case Amelia is charged with the murder of her husband Bill. However according to the facts of the case Amelia had taken a double dose of medication before setting Bill on fire. This means that her state of mind at the time of the action was altered. For this reason the court will rule that Amelia lacked the intention to kill her husband (the Mens Rea part of the crime is absent). This will thus lead to a mitigation of the charge from murder to manslaughter. Amelia can then defend herself by citing intoxication. Amelia may also rely on the defence of provocation by arguing that she acted in that manner due to provocation by her husband. The fact that her husband always beat her because the child was crying may have provoked Amelia into setting him ablaze. Provocation may thus act as a defense for Amelia. Amelia may also use the defence of diminished responsibility whereby she may argue that although they accept committing the crime they should not be held responsible as their mental capacity was impaired.

The second case is where Amelia is charged with the injury and subsequent death of her baby. According to the facts of the case Amelia threw the baby out of the window to save him from the inferno and with the hope that Claude would catch the baby. Amelia will thus face charges of being reckless for throwing her baby. Although the Actus Reus in this case is present, there is absence of Mens Rea because Amelia had no intention whatsoever of hurting her baby. She therefore is not guilty of the crime as one of the key elements of the crime is absent.  Amelia can also use the defense of voluntary assumption of reliance or responsibility. In this case Amelia can argue that she assumed that Claude would catch the baby.

The next question is, can Claude be held liable for the injury and subsequent death of Amelias baby According to the law a person can be held criminally liable for failing to act if one was under a legal duty to act. This duty may arise from a contract, from a public duty, from voluntary assumption of reliance or responsibility and duty to earlier conduct of the defendant. In this case Claude may be held reliable for the injury caused to the baby as he had a duty arising from public duty to care for the welfare of him. Claude will therefore be held for his omission. In R vs. Dytham it was held that failure to act in a public duty can make a person be held criminally liable. Claude had a duty to catch Amelias child duty and ensure that he was safe. In this case there was an omission on the part of Claude although there was no duty to act. Thus Claude may be held liable for his failure to act regardless of the fact that there was no duty to act.

Dr Darren will also be held liable for the death of Amelias baby. This is because he acted negligently by failing to detect the injuries that the baby had sustained on the skull. In addition, the doctor failed to give the baby vital life support treatment soon enough and as a result the baby died. In every profession, there is a code of ethics that guide people on how to go about their work. One common provision of code of ethics and especially for medical practitioners is to refrain from negligent and reckless acts. In this case Dr Darren acted in negligence as he was supposed to carry out various tests so as to detect the injuries sustained by the baby and give appropriate treatment. In addition the doctor terminated the treatment he was giving the treatment prematurely. This means that the child would not have dies if proper medical care was administered. Dr Darren is therefore liable for gross negligence.

While in civil cases the standard of proof is on a balance of probabilities in criminal cases it is slightly different. The burden of proof lies with the prosecution who are supposed to prove the case beyond reasonable doubt. In any criminal case it is always the duty of the prosecution to prove to the court beyond reasonable doubt that the accused person is guilty. The prosecution does this by showing to the court beyond any doubt that that the two elements of crime (Actus Reus and Mens Rea) existed. Failure by the prosecution to convince the court of the existence of these two key elements leave the court with no other option but to acquit the accused person with damages.

There exist many terms and definitions in the field of business law.  Each word holds a very intricate meaning in relation to the subject matter to which it applies.  The same is held true for judicial processes.  Some terms are cross referenced and are used in other fields of law such as criminal, family, and civil.  This paper will explore and discuss one judicial process and elaborate on many legal terms frequented in the field of law.

Explain the process of choosing a Supreme Court Justice.  Do you think this process is political or not  Explain.

Supreme Court judicial appointments are very rare.  Judicial seats are lifelong terms without interruption.  When a vacancy becomes available in the Supreme Court, it is up to the President of the United States to nominate a replacement.  Following the nomination, the Senate investigates and either confirms or denies the nominee for appointment.  Background investigations are conducted in order to decipher whether the nominee is able to make informed, rational, and unbiased decisions that support and uphold the United States Constitution.  This is usually a very lengthy process that is often televised for public viewing.
   
The fact that the President of the United States is the only individual exonerated to make a Supreme Court nomination gives him much power in the judicial selection process.  Political dynamics are most certainly a part of the decision making process.  Both the President and the Senate each hold a separate agenda for getting a particular individual into the Supreme Court.  Some would say that the President would most likely nominate someone in order to leave his mark on the government.  The nomination made could hold a specific likeness for sharing the same views politically.

The sole process of choosing a Supreme Court justice is entirely motivated by political gain.  In the past, general provisions were afforded to the Senate as a senatorial courtesy.  This stipulation expresses a non-verbal respect to the state whereby the outgoing Supreme Court justice is from.  The senator from this state would then be provided the opportunity to make a suggestion as to whom the new nominee should be.  Party affiliation plays a high stake in this courtesy.  Interest groups become involved as a means of pushing their own personal agendas.  Promises are made behind closed doors in order to attain exclusive political goals.  The President of the United States is not restricted when making his nomination for the vacant seat.  This is a prime opportunity for the President to push for Constitutional reform through his nomination.  The President may even consider the personal and legal views of a nominee in reference to the making of landmark decisions that will be reflected on his term in the White House.

Describe the following phases of a trial (1) jury selection, (2) opening statements, (3) plaintiffs case, (4) defendants case, (5) rebuttal and rejoinder, (6) closing arguments, (7) jury instructions, (8) jury deliberations, and (9) entry of judgment.
   
Each phase of a legal trial is represented by an expressed particular.  Jury selection is the first phase of a legal trial.  A jury selection is performed by sending out notices to the expressed members of the community to inform them of their selection for jury duty.  Individuals are given advance notice of the day and time to appear in court for jury selection.  Not everyone is chosen to serve on a jury, but it is each citizens duty to serve if called unless there are extenuating circumstances preventing one from doing so.  The perspective jury members are questioned for competency and bias.  If chosen to serve, the member is impaneled.

The next step in a trial is the opening statements.  An opening statement is a well thought out statement given orally to the court before any evidence has been introduced.  It serves as a preamble for the jury by pre-informing them as to what the case will entail.  The plaintiffs case follows next.  The plaintiff is the name given to the one who initiates the lawsuit.  During the course of this phase, the plaintiff demonstrates to the court their stand, evidence, and presents any witnesses who can substantiate their claim.  Immediately following the presentation from the plaintiff, the defendant is permitted to present the defendants case.  The defendants case is much like that of the plaintiff except that the defendant presents evidence that contradicts the claims of the plaintiff.  The rebuttal and rejoinder phases of a trial are ongoing throughout both the plaintiffs case and the defendants case.  Each side reserves the right to recall a witness for rebuttal.  A rebuttal exists when statements or evidence are brought forth to disprove that of the opposing party.  A rejoinder is simply a response from the defendant to a previous issue.  As a trial comes to a close, each side performs closing arguments.  Closing arguments are presented orally by the representing counsel to summarize their side of the case.  It leaves a lasting impression for the jury to consider.  The judge then advises the jury as to how and what is to be considered when considering the matters and evidence at hand.  This is called jury instruction.  The period by which the jury meets in private to render a decision is called jury deliberations.  This phase can last momentarily or it can last for days.  In some high profile cases, a judge will sometimes sequester a jury, withhold from public influence, in order to prevent the jury members from being tainted by outside sources.  Finally, once a jury has reached a decision and it is read aloud in court, the judge will either choose to accept the decision or move to set it aside.  When a judge accepts the judgment it is then entered into the record.  This process is called entry of judgment.

Discuss the characteristics of each of the following  (a) patent, (b) copyright, (c) trade secret, and (d) trademark.
   
A patent is a title of ownership for an idea, invention, or development.  This often pertains to medications, foods, and many other consumer products.  This permission is granted by the United States Patent and Trademark Office and is good for a limited period of time.  For instance, some years ago a pharmaceutical company put out on the market a medication called Zantac.  This medication was designed to help patients suffering from acid indigestion, heart burn, and acid reflux.  The medication was very effective medically, but the financial cost was astronomical.  It was only available in brand name due to the patent.  Once the patent ran out, other pharmaceutical companies were allowed to produce their own versions in a generic form that worked just as well, but was more cost effective to the consumer.
   
A copyright protects the work of an individual or business.  Writers have their work copyrighted to protect their ideas and visions.  The United States no longer requires a copyright notice for works published after March 1989.  This does not mean that copyrights no longer exist.  It is good to assume that anything being read in the public sector is a copyrighted piece of work.
 
A trade secret is insider information from within a business.  Trade secrets can involve stock market quotes, business mergers and take overs, and marketing strategies.  Any information that is privy to a businesss financial advantage over other businesses in competition is secret.  It is pertinent that this information be kept private in order for a business to be able to maintain and thrive.  Compromises in keeping these secrets can cause the business to fail or be unable to recover a significant financial loss.
   
A trademark is a registered emblem or insignia of a business.  Proctor and Gamble are known for their half-moon and stars emblem.  Trix cereal is known for the Trix rabbit.  The United States Patent and Trademark Office maintains a database of trademarks whereby businesses seeking to secure a trademark can do so by checking their proposed insignia with what information is already registered.  This feature is available online to the public.

Assignment 7. 2 On voluntary separation
a.) Apparently, the provisions of living apart as ground for divorce were met in the case of Fred and Gail. They separated voluntarily, they were separated for almost two years, and they never had contact except when Gail informed Fred that she is going to file a divorce with him. Apparently, their separation was meant to think seriously about whether reconciliation is possible. On the part of Gail, she finally made up her mind that reconciliation is no longer possible when she refused Freds plead to let him come back. There are enough reasons to believe that Gail realized that even if they would live together again, it will not work with her anymore and her refusal for Freds pleas was her final stand. Since this was what the law requires, she is therefore entitled of her petition for divorce.

b.) Tom does not qualify to divorce his wife on the ground of living apart because their separation was not voluntary nor it is pursuant to a court order. Further more, they were only separated for four months which was two months short than what is required by law which is six months to three years. Finally, the obvious reason for Toms filing a divorce was that he met another woman. This cannot be at any rate acceptable as it is unfair and unjust to his wife Karen.

c.)    Bill and Susan do not qualify to file a divorce although they are living separate lives for over three years. Living a part means they absolutely have nothing to do with each other. They do not communicate, they are not seeing each other and more importantly they are not cohabiting with each. In the case of Bill and Susan, they are living under one roof they still have still had anything to do with each other although it is rare. They have not experienced yet to live away from each other
Assignment 7. 13 On property division order

Sandra should file enforcement of the court decision. In the case of John and Sandra, it appears that they already had a settlement and the court had already made its ruling. Only that John was unwilling to give what was belong her. Regardless of the reason why John was ignoring her to give her, her share of the sale of their used car, John should respect the court decision by giving exactly what his wife deserved. Any way she has all the right to demand fair share of their conjugal properties.

Assignment 8.1 On collusive divorce
a.).    The first clause is collusive in the sense that there is a conspiracy between the husband and wife in order to get a divorce. In this clause, not filing of defense even if the husband can, means that he is agreeing with the wife even if the grounds cited in the petition for divorce is not true in order to make it appear before the court they qualify substantively for divorce. No defense means the other party is falsely affirming what had been presented in the court is right thereby committing fraud on the court. No defense is used

b.)      The second clause improperly facilitates divorce because while the husband may not be qualified for divorce for some reason, living his hope to his wife to divorce him, he will shoulder all expenses in advance incurred by the wife to bring an action. In this case, this action is tantamount to bribery which is an improper way of facilitating divorce.

c.)       The third clause is also a collusive divorce because the husband agrees to cooperate fully. This just short of saying I will do anything for this to happen this can be anther form of no defense. Cooperating fully simply means he is willing to conspire just to make it happen.

Assignment 8.3 On separation agreement
a.)    No Mrs. Bell was obviously not coerced into signing the separation agreement. Apparently there was a bargaining between Mrs. Bell and Mr. Bell regarding the sharing of properties. Mr. Bell simply used Mrs. Bells illicit affair with another man as bargaining against her whom she recognized and freely bargain with Mr. Bell on the ground of asking additional from what Mr. Bell has set. It is therefore true that she did not act under duress or undue influence but her guilty conscience made her bargaining position with Mr. Bell weak.

b.)     Argument in favor of Dianne. The honorable judges of the Supreme Court of Maryland It is hereby brought to your attention a particular case in which a decision was unjustly made as the appellant Mrs. Diane Bell was coerced into signing a document which its content unfairly favors the appellees (Mr. Stanley Bell) position. Evidence reveals that Mr. Bell hired detectives to spy on Mrs. Bells activity in order to use the findings against her. He then blackmailed Mrs. Bell threatening that he will made public all the information gathered against her if she refuse to sign the document prepared by Mr. Bell. To protect her reputation, Mrs. Bell was pressured to sign the document. We are hereby appeal the decision to the wisdom of this honorable court.

In favor of Mr. Bell
It is hereby maintained that there was no coercion happened, and Mrs. Bell was not coerced in any manner to sign the document. To the honorable court, let it be known that there was a free bargaining between Mr. Bell and Mrs. Bell on the issue as reflected in the taped conversation between the two parties. It was clear that Mrs. Bell has all the right and freedom and was not pressured to sign the document. The transcript of the conversation further reflects that the bargaining was freely conducted. Therefore It is requested justice be served in favor of the appellee.

I would say the case will be decided in the same way the existing decision was decided the merits of the evidences presented.

Not necessarily The separation agreement can be enforce even if it is not fair. In Maryland where it is true that there is a culture of male dominance, contract can be enforce even if it is not fare. Unfairness of the contract may be caused by the distinction between statuses of the couples economically, educationally, and intellectually.

Does it make more sense to group juvenile offenders on the basis of what they have done and not their age, why or why not

It is a lot better to have juvenile offenders grouped according to their age and not according to what they have done. There are a number of reasons to support this. First, young people tend to be at an age where development is very rapid. As such, they are very much prone to emulating behavior and actions of others almost subconsciously. Usually, the younger ones will copy the behaviors and actions of those who are older than themselves because they believe mature or big people always do what is right. Given this state of conditions, it is only realistic to group those of the same age together regardless of what they have done so that they will have nothing to emulate.

The second reason why juveniles ought to be grouped according to their age and not the offense committed is that people of different ages tend to copy a lot from each other. In essence, it is very easy for young children who are still novices in crime and other acts of law breaking to get hardened. Most of the hardened criminals in society today have become what they are because they got a chance to get exposed to more advanced delinquents who instilled in them the desire to go on in lawlessness. When they stay with people of their age, delinquents are less likely to get radicalized and hardened. Finally, people of the same age tend to think in more or less the same way. Consequently, they also behave in a similar manner. Based on this and on the fact that behavioral therapy is one of the best remedy approaches for social and juvenile delinquency, it is a lot easier to manage delinquents who are of the same age than those who are of varying ages.  

What are some benefits of sealing juvenile records List three.
Sealing juvenile records has a number of benefits which apply specifically to the juvenile, but also to his family andor his country, especially the police and the courts. The first benefit is that by sealing juvenile records, the reputation of that juvenile 3 years after finishing serving his sentence will be protected at least from the general public, so that the juveniles past behavior record is not exposed unnecessarily.

The second benefit of sealing juvenile records is that the juvenile is able to be claim, legally, that heshe did not commit any crime, or has any juvenile record. This is especially when certain institutions request to know about whether or not one has any criminal record. Only the one whose record has been sealed has the legal right to deny this. This is especially during adulthood. Finally, the other benefit of sealing juvenile records is that the police and the court can be made the only legal institutions given the mandate to have access to the records. This makes the work of the institutions easier and also protects the privacy of the juvenile.

C. Is there such a thing as a born delinquent
There are no born delinquents. Every person is born without any such a thing as evil in himher. At birth, there is no single baby or child who can claim to have had an idea of what evil is. In fact, as science has proven, a child has a pure mind which has not been distorted in any way. Theology also confirms this when children are compared to angels and are therefore symbols of the holiness or purity. As far as this is concerned, every little child is without sin and delinquency is sin (theology calls all lawlessness sin).This means then that no child is born a delinquent. What brings about delinquency in the child is what heshe gets to learn from the environment around where the child lives. Bad company has been cited as responsible for corrupting otherwise good morals. That is the same case with delinquency  it brought about by influence from others.

Apart from other people, the environment brings about delinquency. In certain cases, the lack of or availability of certain resources will drive people into ways of life that are contrary to the traditional norms of society. For instance, engagement in crime has often been blamed on poverty or peer influence, while drug abuse is a character that has been attributed to both economic and social conditions. Classical criminologists usually insist that the cause of delinquency is an innate drive within the victim. As such, these juveniles will keep breaking the law regardless of the environment in which they are raised. They seem to be inspired to commit crimes or to engage in illegal acts by some self interests that usually very rational.

Is school failure responsible for delinquency, or are delinquents simply school failures
Delinquents are not at all school failures. In fact a good number of delinquents are juveniles with a wonderful academic record. Instead, failure in school has been responsible for causing juvenile delinquency. When juveniles fail in school, they tend to cover up this weakness with lawless acts.

Should individuals who committed murder while under age 16 be legally executed Why or why not.
People who commit murder while still young ought not to be legally executed. This is because under the law, juvenile crimes are not to be punished ten or more years on.

Logically, obsolete or outdated crime laboratory equipment can easily devastate the systematic administration of justice. Long-term avoidance or ignorance of the need of modern forensic equipment can affect the ability of a laboratory to process activities accurately and in a well-timed manner. Therefore, to stay current with criminal justice administration, it is vital that forensic equipment in a laboratory are regularly updated. Not having upgraded forensic equipment and capabilities will certainly place a law enforcement agency behind its notorious adversariesthe criminal elements.

Some of the most important forensic equipment and capabilities that must be present in crime laboratories nowadays are the DNA technologies used in forensic investigations. If used intelligently, DNA technologies for identification can be very effective in crime investigations. Other technologies and capabilities that are indispensable in a laboratory today include Restriction Fragment Length Polymorphism Analysis Polymerase Chain Reaction Analysis Short Tandem Repeat Analysis Mitochondrial DNA Analysis and Y-Chromosome Analysis.

Basically, these DNA technologies are capable of analyzing information matches easily at various locations on the genome of a person. Through these technologies, hair, bone, blood, and other body products and tissues can be examined and matched, thus making a persons participation to a crime more accurate. Because of the numerous probes that can be used in DNA analysis, the ensuing matches can be a strong verification on whether or not the suspect is indeed the right or wrong person.

Obviously, one of the greatest flaws of criminal justice administration is the failure to openly accommodate changes in crime laboratories. Unfortunately, an outdated laboratory can lead to delays and inaccuracies in examining evidence, or even result in the outsourcing of expensive companies that analyze evidences. Therefore, it is without doubt that updated forensic equipment and capabilities are very vital in a crime laboratory and essential to the accomplishment of the objectives of the criminal justice administration.

Within the common law system, one of the significant tasks of judges is to create legal precedent by ruling on a certain case. When judges make a ruling on a case, they often refer to previous precedents to help guide the outcome of the ruling itself. It is within the scope of their practice to interpret, synthesize, and connect the relationships between the precedent and the case presented before them.  They are also given the authority to interpret the constitution through their own philosophies. Primarily, there are two schools of constitutional interpretation within the judicial system. These are originalism versus living document. Originalists tend to believe that they should interpret the constitution as it was originally written by the founding fathers. Thus, their rulings are often more conservative than the other. However, those others who follow the idea of the constitution as a living document tend to be more innovative in their interpretation, for it is their belief that the constitution should be developed parallel to social trends. We should respect the interpretations of the judges as long as it is within narrow constraints not overly innovative yet not extremely conservative either.

As time passes and society progresses, the nature of a present day case may be inarguable from laws extending from previous cases. These instances thus become the proper time for a judge to develop a legal precedent and make law. However, it is my contention that judges should not excessively engage in Judicial Activism where they continue to overturn past precedents and make new laws, thereby disturbing the status quo. For example, one recent Supreme Court case, Citizens United v. Federal Election Commission, set a precedent that will reshape the face of politics and campaigning in America.  The Supreme Court issued a landmark decision (reversing two previous precedents that dealt with campaign finance reform) that, in effect, enables corporate funding for candidates to go unchecked during elections.  The Justices argued that restrictions on funding were a direct violation of the First Amendment. It is my opinion that this gives huge leverage to corporations over candidates now even foreign corporations will now be able to have a vast role in influencing American politics. Moreover, it will significantly empower special interest groups and their lobbyists. An average American citizen will thus have a diluted effect considering the small contributions they make to their selected candidate. Evidently, when a court becomes an activist and continues making laws, it seems to disturb the current conditions in which the political and social affairs are relatively settled.

One of my major concerns is whether the domain of the judge is the proper venue for producing laws. We have a legislature from the people and for the people. Constituents have the right to participate in the creation of laws, create a petition, discuss it with their peers, and pressure their elected representative to pursue the laws passing. This makes the legislature a better and more integrated lawmaking body.

While lobbying a representative remains to be a usual and acceptable practice, it should not be practiced on judges. There are two different distinctions here the legislature creates laws to serve its constituents while judges make law to serve justice. Therefore, I believe judges should be appointed, and not elected. If a judge were elected, he would create an opportunity for special interests and people with power to contribute to his campaign. In effect, contributors will have leverage over the judges.  This would cloud the judgment of our judges and hinder their ability to serve justice. Aside from that, a judge is appointed by a president. The president normally appoints a judge that will further the justice system and sustain it, while many people might elect a judge for his sheer popularity or shining personality. The president always knows more than the people because he has better sources to explore and identify the quality and performance of the judge. Furthermore, if a judge was elected then he or she would have a greater propensity to rule on what is Politically smart rather than what is Judiciously correct. Judges would be inclined to rule on what would give them more popularity and votes. This will create an interest-driven judicial system that willwoulddoes serve sheer politics.

Globalization and its impact on nation state have led to national debate about political, economical and legal aspects of a nation. The essay is a discussion about the meaning of globalization, its impact on nation state, political debate on globalization, nation state and a conclusion in relation to the question. The definition of globalization has connection with economics because it has had an impact in the mode of distributing economical resources among nation state. The focus of the paper is on the issue of globalization and the debate on the impacts felt by people in a given nation who are doing business with surrounding nations.

Economically, globalisation is defined as removal of trade barriers from national borders to promote the flow of goods, capital, labor and service. The flow of these economic requirements without restrictions has brought changes in the way business is done over the whole world. Globalisation has led to interconnection of global activities such that any activity happening on one side of the world is related to activities on another part of the world. It is a way of promoting social development in areas such as reduction of poverty, creation of jobs and promotion of strong nation relationship.

Globalisation should not be taken as the end it is a process that has led to development of various economic sectors over the whole world. The impact of glolbalization is not felt in one economic activity rather it is felt in culture, politics, academics, military affairs and law. There are other areas of globalisation concern but the major area of interest is impact of globalisation on nation state. The impact of globalisation on nation has its own different logics, historical periods and dynamics.

Globalisation can be differentiated from geographical networks in relation to the extent of social flows throughout the entire globe. There is no limit as to the level at which the intensity of social flows is applied in respect to globalisation. The historical geographical networks of globalisation have no limitations in respect to its application. Political power is an area that has been influenced by globalisation. Every state or country is led by a system of governance that has a centre of power. It is this power that has led to promotion of globalisation. Although the policies of one side of government may be different, there is always a common way through which the effects of globalisation are felt. The modern world has been brought closer through invention of good infrastructures such as telecommunication, good transport system and legal systems. The success of globalisation on nation state can be attributed to good communication networks.

The internet has been instrumental in promotion of globalisation because people in one side of the world are able to pass information, exchange goods, acquire important information about development and carry out transactions that are of great importance. Business in this aspect has led to promotion of good relationship in one nation state to another. The free flow of goods, services and capital across the border has promoted independence of carrying on business transaction.

The legal system has promoted globalisation through implementation of laws that protect the rights of nations that are involved in business. Corporation of states and application of common ways of governance has played a key role in the promotion globalisation. Provision of trade information between common nation states is another area that has led to good flow of goods and services over a wide range of geographically distributed nations. Leadership power is a major challenge that has posed as a challenge to globalisation. Leaders of nation states who are driven by the greed of power have brought a lot of complications in the process of globalisation. To implement the process of globalisation, there is need for corporation between the political powers of the participating nations. The process of globalisation among nations in another context is challenged by external forces from military, culture and legal systems. However, states in these nations have worked extensively to overcome these forces and to be independent in their economic plans. Nations have opted to rule over their own people and territory so as to overcome the challenges of political powers.

The impact of globalisation on nation state has brought a lot of debate which results from failure to acknowledge political power of specific leaders. Many political leaders think that globalisation has brought changes in the way of governance. The leaders argue that globalisation has led to prosperity, democracy and liberty to the entire people over the world. The leaders of the nation state think that this will deprive them their sovereignty and thus they will not be in a position of controlling the whole world. The removal of price control by state has also challenged political structure of different states. They are left with no authority over given territory and it is an impact felt by many nations that consider themselves as superpower.

Globalisation is therefore considered as an enemy to political leadership whereby there is depletion of political authority which is taken as a sign of authority. This heated debate about globalisation and its impact on nation state is very much controversial. It has changed the mode of governance in particular sectors of economy and many leaders fear that in the long run, globalisation will have a far reaching impact on the erosion of the power of leaders in nation state. Some political leaders acknowledge that globalisation is the key to success while others consider it as a way of eroding the authority of nation state. To acknowledge well, the impact of globalisation on nation state there is need to address some key areas such as globalisation in politics, globalization on nation state and impact of globalisation on nation state.

Globalisation and its debate in politics
Globalisation covers a wide range of life aspects such as politics, culture, economics, social life and education. These are the major aspects of life that contribute much to the governance of a particular state. A nation cannot survive without politics, promotion of social cultural development and education of its people. Globalisation on its side has led to promotion and support of these life issues so as to promote a common understanding of leadership and politics. There are other common aspects of globalisation that affect leadership. Politics is very much influential when it comes to issues of acquisition, exercise or distribution of power.

The distribution of power therefore, is very much sensitive because some leaders tend to overcome the whole situation and to overrule decisions made by other leaders. Politics and economy are two things that go hand in hand. This means that politics are related to economics in one way or another therefore economy is shaped by politics. Globalisation and politics shape the way resources are distributed or consumed. The wide view of how globalisation has had impact on nation state and resources can be reflected in the way of distributing resources. Impact of globalisation on national state in relation to politics is associated to lack of qualified political leaders who are driven by one motive of desire and corruption. Developing countries are affected mostly by the issue of globalisation as is connected to politics. Most leaders are very corrupt and are not in the position of coorperating with other leaders who are willing to promote globalisation.

Political globalisation results from increased economic activities in a given nation state. This results to establishment of different national boundaries that have effect in the way of administration and service delivery. State administration and uniform allocation of resources to different economies has been influenced by globalisation. This has been made to be possible because of the free flow of goods, capital, services and information. In addition, the removal of trade barriers across the border has led to good supply of goods and services in different states. However, there are some positive and negative effects of political globalisation as is concerned with flow of goods, capital, services and information. The positive side of political globalisation can only be explained in relation to what has been happening in different nation states. Political globalization has provided different leaders in particular nation state the power to govern and administer several areas of interest that support the economy.
 
Basically, politics is interrelated to economics and this gives birth to an economy that is politically strong. This means that politics gives shape to the economy and economy shapes politics. Economic globalisation deals with the flow of goods labor and capital in the world and this enhances political and economic interdependence within nations hence there has been an increase in economic activities and trade as a tool in the world of politics which expands political globalisation. Most globalists will argue that the world we are in today is not the same as thirty years ago and has no borders in terms of economics. The flow of goods and capital brings about the fandamental changes and effects around the globe. For example, individuals or even companies can simply choose on where to invest because they are not constrained by geographical boundaries. National economies are integrated with other international financial markets other multinational companies. This transformation has really shaped and expanded the global world in respect to application of good governance techniques. Many activities that happen in the modern world today have been influenced by political globalization. This has led to existence of particular international dimensions that are observed by people in a given political background.

According to Giddiness, there are four elements of globalization namely intensification, Deeping impact, extensity and velocity. Extensity which refers to economic, social and political activities that spread across different national activities is a key area that has led to promotion of political globalisation. A nation consists of different social economic activities that are carried out throughout the lives of many individuals. These activities are controlled by a leader who is given a position with political power. The political leader is given the duty of executing certain duties that lead to continuous flow of ideas, information and goods over the entire globe. This is a way of making sure that every individual in a given nation state is in a position of accessing services and resources. The proper flow of goods over a nation leads to promotion of unity and satisfaction among the citizens of a given state. It also means that there is creation of interdependence or what is referred to as intensification. Another element of globalisation is known as intensification which means that a minor or local development can have a global consequence which is very much big. When a nation state talks about political globalisation, it is a way of acknowledging that the process of politics is expanding or stretching.

Political globalisation should apply in any level of political development whether it is local or high profile form of political development. This brings about the third element of globalisation that is deepening or broadening. Politics plays a powerful role in that development of any form in respect to the level of economy has global implications over a wide range of activities. Political globalisation has an impact in the way different political agendas are combined with enormous groups that help very much in decision making. Globalisation has led to stretching of decision making process that runs from local to global level of thinking. Stretching in another aspect can be explained in a situation whereby companies that are willing to invest in other geographical regions are very free to do so without constraints. This is a way of promoting common international financial markets that lead to domination of particular sectors of the economy.

In a political globalization, there are no constraints and thus individuals or companies can establish business in their area of interest. It is a way of diversifying business and spreading risks to different areas that are beneficial. Politics and globalisation therefore, have an impact in the area of investment by individuals and companys. Another impact of politics in globalisation is that it promotes fair-trade among nations that have one motive of providing what one does not have. This means that countries that have enough resources are capable of supplying those without in exchange of money or capital. It is also a way of creating employment opportunities to the unemployed. Jobs are created in different parts of the globe and this is one major impact of globalisation on nation states.

Globalisation and the debate of nation-state
Politics of states are very much common especially in the way different concepts are applied as a way of political analysis and disclosure. In the early centuries, the issue of globalisation and borders was very sensitive but when the Soviet Union collapsed, politics of globalisation in regard to borders became less important. The issue of border has taken different direction and what was seen as impossible during this time of Cold War has been possible due to interaction of culture and economy.
A nation state in simple terms can be explained as a country that is governed by central government that has the right of applying moral and legal jurisdictions. The management of nation state by one government has led to formation of one single motive of territorial control which is a way of promoting globalisation. Another impact of globalisation on nation state is promotion of community sovereignty which helps in the control of massive exploitation of people by leaders.

Globalisation has an impact over a given territory where nation state is given the autonomy to work across borders so as to independently achieve policy goals.  Nation state has played a very important role in the establishment of impact of globalisation in the modern world economy. It is very important for learners to understand the meaning of nation state in respect to academic application. The understanding of nation state in academics therefore results to a massive debate as is suggested in various theses. One thesis that explains the impact of globalisation is hyperglobalists which dictates that globalisation is a real life force that aims at producing social cultural behaviors observed in various parts of the world. Globalisation according to this theory is a matter of lifestyle that is practiced by various individuals thus this is one impact of global interrelationships. Opportunities are created by way of embracing globalisation and the effect is even felt by the most remote societies thus removing the constraints that have been put in place by practices of nation state (Smith, 1995, p.69). Complex globalisation theory assumes that states position is very much important in regard to establishment of political economic systems that have made easy access of borders that were not permeable in the past.

This impact means that nation state is a key actor of global economic promotion. The power of nation state government is diversified to different economic sectors that reconstruct the powers and authority of the leaders. Institutionalist theory argues that globalization has an impact on the private sector that often provide strong networking governmental and non-governmental organisations.  These organisations address matters of political economic development on nation states. Nation states under go certain pressures which may have an impact in the way an organization runs its operations.

However, the pressure of globalisation can obstruct the development of some economic activities that are linked to domestic institutions (Held, McGrew, 2007, p.24). There is enough evidence that the world today is undergoing globalisation process and this is a way of self fulfillment. Therefore, the way nation state sees the impact of globalisation depends on policies that relate to political satisfaction.

Its important to note that after the cold war there have been very positive strategic alliances that promote both economic and cultural interaction something that was not possible then. The term political sovereignty refers to the distinctive boundaries within which an autonomous state has control over all political and economic activities. This means that the nation has power to formulate policies independently and without any interference from other close states.The debate on globalisation as a nation state is very diverse and crucial. This is because of the varying academic theories and concepts contrasting each other. In most occasions, globalisation leads to a global social culture which is a real and subsequently affects our daily lives. This means that the effects of globalization are felt within the small remote societies killing the undermining constrains set by the nation states. In my opinion, this is good because it gives these small societies opportunities and chances to grow and be independent in the world of economy. The government is the primary architect and the main economic actor because it constitutes powers and functions for sound economic policies. It also addresses those areas which are not taken care of by the nongovernmental organizations and local companies.

The impact of globalisation on a nation state
It is true that the world has transformed and become diverse as far as globalisation is concerned. Indeed, this has shaped the world of politics, but this transformation has been orchestrated mainly by economic factors. Actually, globalisation has led to world politics but at the same time governments prioritize all the national interests. In other words, they remain discrete on how they approach international markets. Besides, globalisation has opened the gates to global internet markets where firms and even individuals can bargain, buy and sell online without any hiccups. Incase of banking unlike twenty years ago, money can be wired globally from one account from one end to the other part of the world not necessarily the same bank. Other than helping to speed up transactions, it is also very cost effective that is it cuts the prices down by half.

The increased debate about globalisation and state politics assumes some policies that are commonly observed in the modern world today. The common aspect of nation state is the impact of globalisation and economy. The economy of any given state is influenced by political temperature at any given time. When politics are at their peak at any given time period, the economy is severely affected. Nation state at this particular time should be very keen to address the issue of political unrest so as to safeguard the economy. The free movement of goods or services through the borders of a given state has an impact on the economy. When goods are sneaked into one nation state, the quality of states goods is compromised because some of the goods are substandard.

It is also a way of promoting competition among different production sectors. This impact of globalisation on nation state is very much important for purpose of checking the quality and standard of goods. The state must perform its functions irrespective of global impacts. This leads to the promotion of economy through creation of wealth and establishment of strong bonds with other well maintained global economies. National regulation of state functions has led to promotion of a common understanding and practices that help to promote trade affairs. The removal of trade barriers such as import duties, taxes or custom duty are some of the areas that influences globalisation among nation states. This way of doing business is seen to go a step higher than what many individuals expect. A nation in United States of America can transact business with another state in Africa without incurring a lot of costs.

This is one major impact of globalisation on nation state and it is seen to promote free trade and to provide goods and services that are not found in a given state. International trade that has been made possible due to the impact of globalisation has led to prediction of future trade relationships between territory nations that have bad political relationship. Globalisation has made nation states to sign trade treaties with a sole goal of promoting peace and creating strong bonds between member states. Many nation states have engaged themselves into talks that lead to establishment of strong bonds thus sharing some political authority. Good examples of political groupings among nation states include European Union (EU) and European community (EC) that are economically empowered. The organisations lead to integration of economy and also help to resolve conflicts along the border.

The European Union for instance, is a very important grouping that has the capacity to intervene in international negotiation. Due to globalization, the European Union gives aid to its member state incase of any tragedy or emergency. European Community which involves nation state like Britain is a good example of grouping that has led to promotion of economic affairs. This is an impact of globalisation in the modern world that is full of certain economic and political structures.

Globalisation has an impact on nation state in that the gap between the rich and poor keeps on widening. This is because those who have resources dominate the market and political organisations thus leaving the poor without. The poor have struggled to overcome the challenges posed by the rich but lack of authority and power has made it to be impossible. Both the rich and poor meet in the market and purchase commodities at the same price and at the end of it all the poor are more exploited. This impact of globalisation has led to economic challenges in most developing countries.

Conclusion
Globalization and its impact on nation state have shaped the way different nation state address political, economical and legal issues to promote the growth of economy. The impacts of globalisation on nation state as discussed in the essay are real life situations that every nation undergoes in the modern world. It is very important for leaders to put in place good arrangements that promote unity of strong global political system that addresses the problem of economy challenges.

The debate of politics and globalization has led to enlightenment of people in the way to survive with impacts of globalization. The whole issue on globalisation is about power and politics which has led to poor political organisations. The organisations formed in different nation state must put measures to address the impact of globalisation. One key area that should be addressed immediately is to deal with how to reduce the gap between the rich and poor. Globalization and the debate on nation state contribute to ways in which leaders from different nations can join their efforts to support each other.