In jail, corruption is exemplified in several instances. The woman in charge of the women prison is corrupt and takes bribes from the prisoners and supplies them with stuff like cigarettes and other things. While in jail, Roxie learns about Velmas lawyer Billy, and she decides to use him to get her off the accusations and thus get out of jail. Billy was said to be the bets criminal lawyer in Chicago at that time, and he had never lost a court case for her women clients. This implies that the lawyer Billy must have been corrupting in the court so as to win cases. Another instance of corruption is seen when Roxie and her lawyer Billy, manage to manipulate the press through bribe and makes the press to change Roxies identity portraying her as a wonderful and talented person. Convincing the press to portray Roxie as a celebrity shows irregularities in the criminal justice system as well as the media industry at that time. The popularity given to her by the press made her a celebrity in the jail of Cook County, a phenomena that Velma did not like.
Corruption is again indicated when Roxie seduces a doctor to lie to the public and to the criminal justice system that the woman was pregnant. Roxie was thus able to get out of rivalry and therefore meet with lawyer Billy and began to strategize on how to win the murder case in court. Roxie and her lawyer Billy used her star power that she had convinced the public to have through the support of the media, which they seem to have corrupted. On the other hand, she had convinced the court and the CRJ that she was pregnant and therefore she won a vote of sympathy because of the unborn child through her.
Her court trial was a media spectacle due to the sensational reports that had been circulated by the media concerning her conditions. This was a trick used by her lawyer Billy. The case went the Roxies way with the help of her lawyer Billy and therefore she was proclaimed innocent. Corruption in the criminal justice system portrays itself in many instances from the police to the court and other systems. The prison wardens are corrupt and they help inmates to get illegal things in the jails. These instances of corruption happen even in todays systems due to poor payment to the police force and bad cultures of impunity practiced in those systems. The doctor is seduced by Roxie and due to his love for money he agrees and testifies false information to the court thus jeopardizing the administration of justice in court. In this case we see the existence of corruption in the correction system. This type of corruption is still present in todays criminal justice systems due to peoples love for money and bad culture of injustice practised in the modern society.
Billy was said to be the best criminal lawyer at that time. He is said to have never lost a case especially for his female clients. For Billy to have lost no case means that he had a good relationship with the judges besides his other tricks. He most probably created the relationship by corrupting the judges or the other stakeholders involved in court cases. This is exemplified when Roxie wins the case in spite have killed her secret lover. In todays administration of criminal justice also there are renowned lawyers who hardly loose cases even when their clients are vividly on the wrong. These lawyers are known to the judges through their corrupt systems. When they win cases through corruption, they became famous and win a lot of clients thus making a lot of money. This shows corruption in the court part of criminal justice system.
The evils of money are taking root in the modern society and this pose as the main source of corruption. In the video, the police who in most cases serve as jail wardens in the modern society portray corruption by allowing inmates to acquire illicit drugs and to be released from their cells without proper prior scrutiny of the matter. The case of pregnancy is just but a sample of other excuses that inmates use to get their freedom such as mental disorders and other faked illnesses. The courts have portrayed corruption by being swayed into the favor of the rich and the affluent in the society. Money buys justice in the modern society Just like the protagonist in the film who got scot-free with the murder in the film, there are many people today who should be behind the bars, but they walk with us in the streets of freedom. In terms of corruption, the media has played a major role in broadcasting lies to the public. This is common where the government has control of the media and there is no media freedom. The affluent influences the media to quench their greedy desires they make the media paint them in good pictures while in the real sense they are wolves in sheep skins.
These incidences of corruption has developed and worse in the 21st century as the criminal justice has fallen short of achieving justice in running their errands. The CRJ is all collaborating in making justice unachievable. What would one do if the most top in CRJ approves one innocent Even when one knows where the truth about the case is, money talks louder. Its no longer about who is right and wrong rather who is richer, who has power and who controls the CRJ. This situation is not to change any soon unless the CRJ resolves to stand by ethics and truth. To serve a jail term in the modern society does not necessarily mean you are guilty its because you could not get a good and an influential lawyer to pilot your case.
The video under study was not just for fun in watching but as a reflection of what the modern society has become. It portrays the evils of the criminal justice system in many parts of the world today. It triggers anger in the hearts of the justice lovers and it is a challenge to provoke the CRJ to incorporate ethics and act with respect to the truth and in line with the justice the CRJ was formed for and to serve in the interest of the majority and not for the few rich personas in the society.
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.
