Law

There is no doubt that the internet technology has revolutionized communication in the modern world. Today people can freely communicate from any part of the world on the cyberspace which has turned the world into a global village. The most important aspect of internet technology is the unconditional flow of information it has introduced. It is indisputable that internet technology has promoted the freedom of speech like no other technology ever. This paper discusses how the internet has proved to be an important tool in promoting free speech. It also discusses censoring of information and hate speech which have became important issues concerning free speech in the internet.

Introduction
The advent of internet technology has revolutionized how people interact with each other. Internet has converted the world into a global village, transforming how we communicate with each other. The effectiveness of internet as a means of communication being experienced today could not have been thought of some decades ago. The rapid development in communication technology has created new opportunities through which people pass information on different issues relating to governance. This technology has renewed the ability of citizens to play a role in economic development and extending their labor interests. Moreover, different societies in the world can freely exchange ideas that affect the society in the cyberspace. However, as internet become part of everyday life, the issue of freedom of speech is becoming increasingly important (Freeman, 2000). The need for litigation programs that are aimed at protecting the freedom of speech in the cyber space and protecting the common man from the powerful players in the internet has become necessary in the new technology.
The internet has become an important tool in the promotion of freedom of expression. Information can flow freely and unconditionally in the cyberspace which has helped in the promotion of democracy in different parts of the world. The increased popularity of the internet combined with the design of the cyberspace has made it difficult for the government to limit the freedom of expression in the internet. Different government around the world have made attempts of controlling the information available in the internet but without much success. However, there is no doubt that the internet has introduced universal freedom of expression due to it ability pass information instantaneously and at very low cost across the borders. For this reason, free flow of information through this revolutionary technology has attracted moral, political and legal controversies.  In the same way it is used to promote freedom of speech, it can also be used to propagate serious crimes such as hate speeches and fraud. The content of information on the internet has always been a contentious issue. For example there have been issues of child pornography in the internet which pushed the United States government to enact laws against such practices. Moreover, materials up loaded in one country where they are legal may be downloaded in another where they are prohibited on the bases of being politically or socially subversive.  This raises the big question of whether freedom of expression in the internet should be regulated and whether it is practically possible due to the design of the World Wide Web.

Freedom of speech
Freedom of speech is a fundamental right of all citizens in a country. Freedom of speech is essential in any country that upholds the principles and core values of democracy. It is also essential in promoting respect for human dignity in the society. Moreover, it is considered to be one of the most dangerous freedoms granted by the state to it citizens because it is a means through which they can express their dissatisfaction with the current situation in the governance and demand a change. For this reason, autocratic regimes have always denied their citizens this fundamental right of expression. As such, in all aspects of the society the freedom of expression is the most threatened, with both the state and civil rights organizations in all societies of the world being limited by this fundamental right (Sanders, 2003).

Many countries in the world recognize the importance of the freedom of speech to sustain democracy and social development in the country. In the United States, this fundamental right is guaranteed by the 1st amendment of the United States constitution. There are other federal and states statutes that protect the united states citizens against violation of freedom of speech. This freedom permits criticism and advocacy of the activities in the government that they find distasteful. However, this freedom is not absolute and there are cases where the freedom of speech is restricted. For examples, individuals can not be allowed to promote sexual immorality such as child pornography, hate speeches or incite the public in the name of freedom of speech (Bingham, 2007). The government is also obliged to protect the citizens from false advertisement in commercial speeches as well as protecting the property rights of individuals. The rapid development in information technology has brought about various challenges in the regulation of freedom of speech. The congress has made various attempts to enact laws that govern the freedom of speech in the internet most notably the Communication Decency Act of 1996 and the introduction of web filtering software in public schools as a federal funding precondition (Godwin, 2003).

Freedom of Speech in the Internet
In the modern world, the internet is becoming increasingly important. This is because of its effectiveness in disseminating information in a society that increasingly requires faster and effective communication channels. Basically the circulation of information need to be free and the internet technology extends the freedom of expression at the global level. The internet has created the largest global common area when individual can say anything they wish. This information in this revolutionary public space can be access by anybody around the world with an access to the internet technology. The internet has created a global village where people can exchange ideas, spread gossips and spread general information. It is there not practical for moral and constitutional standards in the flow of information and governance of what speech is permitted to be applied in the internet. When the cyberspace is considered in relation to the United States constitution and it guarantee of freedom of speech, the first amendment for example can be considered to be a local ordinance.

At the very basic level, the freedom of speech is inherent in the architecture of cyberspace. The structures of the internet ensure that the information reaches that recipient as it was intended by the sender. This is because the internet interprets any form of censorship on the message as an error or damage. Moreover, because if the robust architecture of the cyberspace it is intrinsically impossible to block an individual from accessing any information in the internet. However, there are very limited circumstances under which access can be blocked such as a specific site in an office computer in workplaces or in home computers. This indicates the level to which internet technology has promoted freedom of speech at the global level. Many people believe that the ability of the society to progress socially and economically is dependent on how effectively they can be able to express and share thoughts especially unpopular thoughts. In other word, freedom of speech is the most important value that any community or nation that seeks to be more civilized should embrace. The ability of the internet to promote free expression without fear of intimidation has made it the most important phenomenon in the modern world. In addition to the internet providing an access to universal free speech, it has promoted the principle concepts behind the right of freedom of expression. There is no doubt that all human being are familiar with the intrinsic value of truth which only exist in a free space of ideas provided by the cyberspace (Viktor  Foster, 1997).

There are many evidences that have been proposed to be a clear indication of the cyberspace to promote freedom of speech. The internet has been used in many cases as the only means of free speech in situations where autocratic leadership has paralyzed other means of communication. For example, in 1996, after the dictatorial government in Yugoslavia paralyzed all normal broadcasting in the country, the media continued to exercise their freedom of expression through the internet. This is because the dictatorial government did not have the ability to shut down the cyberspace. The same was observed in China in during the Tiananmen Square in the early 1990s where the internet was essential in keeping the world informed on what was happening on the ground because the government could not censor emails and news transmitted through the internet from the universities.

The power of internet to promote the freedom of speech was also evident during the Russian Coup where Relcom, a computer network in the Soviet Union was able to circumvent the blackout as a result of the coup and pass information to the rest of the world the accounts of what was happening in Russia. Internet chat was also used in the Kuwait invasion with many internet users casing network traffic due to the large number who logged in to get live updates on the invasion. Weeks after all other communication networks were blocked, the internet stayed operational conveying up to date information. These markets the first wave of internet relay chat in the world of technology.
 
In the United States, there is evidence of the ability of the internet to bypass any limitation to the freedom of speech. A very good example is the event that followed after the enactment of the Communication Decency Act of 1996. This law banned the distribution of pornographic materials in the web. The enactment of the law received a lot of criticism with many arguing that it was not only unconstitutional but also impossible to implement because of the robust design of the cyberspace. The legislation also brought forth the public support for freedom of expression in the cyberspace. After the enacted of the new law, black background was placed on the pages awaiting the ruling of the court. Following lawsuits filed by civil rights groups, the court issued an injunction against the legislation which was later declared unconstitutional (Godwin, 2003).

There are also some notable unsuccessful attempts in many countries in the late 1990s to limit the freedom of speech in the internet. Some of the countries that were frightened by the increase freedom of speech promoted by the internet include China, Germany, Singapore, New Zealand and Saudi Arabia among others.  In the late 1990s, all internet users in China were required to register with the law enforcement agencies while access to some cites was banned in Germany. Saudi Arabia restricted internet use to hospitals and learning institutions, Singapore restricted religious information in the web while in New Zealand, all publications in the computers was subject to censoring. However, these attempts among others in the recent past have shown that there is no doubt that internet promotes universal freedom of speech. It is also important to note that due to the ability of the internet to bypass limitations to freedom of speech, it has been subjected to misuse in spreading hate speeches and in activities that put national and international security at stake (Godwin, 2003).

Censorship and Freedom of Speech
Whenever the issue of freedom of speech in the interne t comes into question, the issue of censorship becomes important. For many reasons, the authorities have acted as censors where they suppress the freedom of expression mainly be deleting some information from a speech which they consider sensitive or harmful to the society. There are some government censorships that are recommended for the common interests of the nation such moral and military censorship. However, there is no doubt that autocratic regimes have employed censorship to promote dictatorship by suppressing the freedom of speech. Censorship in the internet involves all attempts by the government or the authority to control the information that can be access or published in the internet. The legal issues that have been raised concerning freedom of speech and censorship in the internet are very similar to offline censorship issues (Weber, 2010).

Due to internet censorship, the cyberspace may not be able to provide the freedom of speech it promises. It is however important to note that the robust design of the cyber space gives it an advantage over offline means of dissemination information. This is basically because of cross border permeability of the internet technology. Therefore, despite various governments around the world attempting to ban publication of certain communicative materials on the internet, residents of the countries can access similar information from websites published outside the host country. Although some governments have made several attempt to restrict access to some foreign websites, it is not possible for them to have control over the sites. Due to the distributive design of cyberspace, it has become very difficult or even impossible to control the information flow in computers connected through the internet (Figliola et al, 2010). These failed attempts have been observed in North Korea. Some software in the in the internet provides unconditional freedom of speech which makes censorship at any level practically impossible. Moreover, this technology ensures that the information can not be removed from the cyberspace nor the identity of the author be traced.

The freedom of speech that is being increasingly guaranteed by the internet has it own positive and negative consequences. Anybody will agree with the fact that some information censorship by the authority is understandable and warranted for. For example, no one in his right mind can agree with the government that allows child pornography in the internet. It is the moral responsibility of the authorities to guard the society from such practices in the global space. However, the ultimate solution to such bad information in the internet is providing the right information rather than censorship. Providing better information to the audience will divert the attention away from the bad information. This will eliminate the need for censorship which has the ability of taking away the freedom of expression guaranteed by the cyberspace. This is likely to happen if for example the censorship is extended behold the national borders. It is also important to note that there is no software that can be effectively used to filter to differentiate truth and fiction. This does not only apply in information found in the internet but also other channels of communication (RWB, 2003).

Hate Speech in the Internet
According to Sitman (1997), with the freedom of speech that in the cyberspace, hate mongers have found an excellent and powerful tool. This has made hate speech to be an important issue related to freedom of expression in the internet. Today due to the effectiveness of internet communication, hate speech can spread easily than ever before. Hate speech can not be compared to other unwarranted messages in the internet such as pornography because it is very obvious. While individual can ignore other messages in the internet, a hate message can not be ignored. Hate messages incite people to violence or fraud and amounts to speech crimes. According to Alexander  (2009), there is no doubt the internet is an important tool of promoting democracy by providing one of the most fundamental rights, the freedom of speech. However, if there is no protection against hate speech in the internet, there are no human rights guaranteed.

As the debate on the existence of hate speech in the internet gain momentum, there is no doubt that hate speech in other forms of communicative material can not compared to hate speech in the internet. It is a new beast in communication and not an old threat in a new form. This is due to its ability to reach a very large number of audiences worldwide before it can be detected by the relevant authority (Tiffany, 2002). It has the ability to reach the marginalized and disconnected societies of the world which is not possible with other channels of communication. It has increased the individuals accessible to hate mongers from thousands to millions at low cost and within a very short time. It is very unfortunate that the increase accessibility to internet technology all over the world has conceded with the advent of speech crimes. The results have been a legal and political battle between those advocating for free speech in the internet and those concerned with hate speeches. The most important this about hate speech in the internet is that it is a global problem and all solutions to the emerging problems should be deal with at a global scale.

Conclusion
The emergence of internet communication has reminded the world that the freedom of speech is universal fundamental rights. The role of internet in promoting democracy by promoting unconditional flow of information in different parts of the world is not in doubt. However, issues such as censorship of information in the internet and increased cases of hate messages being posted in the internet have threatened this promise of unconditional flow of information.

The case is about Katherine, born in 1976 suffering from cystic fibrosis and tracheomalacia (softening of her windpipes). For this reason, she needs to wear a tracheostomy tube to allow her to breathe and expel mucus from her lungs. She also has to undergo some speech therapy. Obviously, Katherine suffers from a rare physical disability that can affect her mentally and her day to day normal activity.  In this difficult situation her education is also affected. She should have been under regular district school but the teachers seemed reluctant to perform any prescribed emergency medical health services like suctioning of her lungs and reinserting the tube should it be dislodge. The DOE offered option of homebound program but this would not give her the freedom to be in a regular classroom environment. Due to this, her parents opted to send her to a private preschool at St. Philomenas Child Care Center. Under EAHCA or Education for All Handicapped Children Act of 1975, she is entitled to the free appropriate public education so the DOE is responsible for reimbursement of her tuition fees spent at that private preschool.

Considering the facts presented we can see here that handicapped children are eligible for protection and privileges of regular classroom if proven that their disability will not cause undue disruption. Certainly, the child is considered a special child with special needs. Since she is capable to attend regular school, this should not be denied to her. Teachers are reluctant to care for her partly because of her sensitive need that requires special medical training.

How has the case benefit the mentally challenged
This case has demonstrated the growing needs for special education benefits for children with disability including equal and fair educational privileges. The government should enact effective laws that would cover even rare medical cases like of Katherine. Many children like her could be neglected if their needs are not properly acknowledge.

Response 1-Chapter 1  4
The first response in this study is on whether the public in the United States makes a distinction between the various arms of the criminal justice system namely the police, courts and the corrections. As an introduction, this study asserts that despite intensive studies in the area of criminal justice system, there are no comprehensive studies that draw comprehensive conclusion on the public knowledge of the extensive network that constitutes the criminal justice system. However, consistent findings from research by scholars in the different faculties of criminology in the United States suggest that a majority of the United States citizens have minimal knowledge on the system. The majority receive their knowledge and perceptions about the criminal justice systems through the media and movies which may not necessarily reflect the actual truth on the ground (McNeely, 1995 p. 1). The implication of this statement is that a majority of people in the public are to a great extent ignorant of the structures and organizations of the criminal justice system. Fundamental to note is that this trend is replicated in many of the developed countries and is even grimmer in the developing countries. A report authorized by the UK Home Office by the Research development  Statistics Directorate in 2002 replicated statistics that showed extremely low information by the public about crime and the general structure and operations of the criminal justice system (Indermaur  Roberts, 2005). The worst informed on the functions and operations of the criminal Justice Systems hold negative views about the systems while those that are considerably informed are more confident with most aspects of the Justice System. In particular, the public have gross misperceptions about the extent and nature of crime, court procedures and outcomes as well as the rates of parole and imprisonment. Despite the lack of credible information about the criminal justice systems, the public hold and maintain strong views about justice and crime issues which in a great way influence the way law and public policy are shaped. The public view has an effect on the government spending priorities which are undoubtedly influenced by the public beliefs in issues to do with crime.  A great deal of misperceptions by the public concerning the criminal justice system include wrong perception of increasing crime rates,  rates of violent crimes and poor perception on conviction and imprisonment rates. The public misperceptions generate into dissatisfaction with the fundamental aspects of the CJS and this produces serious repercussions of undermining the authority and legitimacy of justice administration. It is prudent to note that general ignorance about justice issues fuels ignorance about the system as a whole and as such, many citizens are unable to draw a clear line between the various arms that are concerned with the fulfillment of duties within the criminal Justice systems. As such, failures by the police, corrections or the courts are interpreted publicly as failure in the whole justice system. This has more so been aggravated by an ambitious but inaccurate media that rarely draws the clear difference between the roles of the police, the courts or the correction facilities.

Response 2- Chapter 2  3
In this second response, an attempt will be made to assess the response of the legislatures pertaining computer crime and how the internet revolution has altered the pornography debate. As early as 1995, the NIJ (National Institute of Justice) had categorized several acts as constituting computer crimes (Hollinger  Lonn 2000). An electronic conference held in that year from July to October went into in-depth details into the nature of crimes that could be categorized as computer crimes. Fifteen years down the line, the range of activities categorized as constituting computer crimes are very wide and far reaching. This has been precipitated by the computerization of virtually all aspects of human life. Some of the crimes that has over time been identified as constituting to computer crime includes unauthorized modification of software, pornography, theft, tax crimes, fraud, counterfeiting (stock certificates, drivers licenses, birth certificates, diplomas, checks, marriage certificates etc), gambling offences, drug crimes, financial crime s, altering data such as medical records, arrest records, financial records, payroll deductions and court dispositions), stealing telephone access codes and many others (Carter, 1995). Due to the wide range of computer crimes, it has become necessary over time to put down legislation necessary to curb such offences. One problem that has faced lawmakers in attempting to enact laws and regulations in this area concerns the complexity and the networking that computer revolution has accorded. For instance, the fact that a computer soft file can be retrieved and transported from one computer to the other without necessarily moving the original document requires a new definition of theft. When an individual hacks into a computer system and merely looks around this constitutes a crime which may by definition dilute the traditional meaning of a crime considering that there is rarely any physical interference or interruption of the computer (McEwen, 1995).

According to Standler (2002) the statistics available on computer crime may not be reliable largely because many victims do not realize nor report these crimes. In addition, the losses incurred are difficult to calculate considering that some of the crimes basically targets information. There is a considerable consensus between computer scientist and law enforcement personnel that the numbers of computer crimes has risen sharply in this decade and have also significantly increased in sophistication.  To protect the public against wanton cyber crimes, legislatures in the US have instituted a number of legislative policies to fight such crimes. The most fundamental is the establishment of the computer crime section which also deals with intellectual property. The section is under the department of Justice and is guided by the different laws and regulations instituted to specifically address cyber crimes (Department of Justice, 2010).

The revolution of computers and the internet has without doubt greatly affected the traditional debate on pornography. Traditionally, the debate rotated around restricting access especially to minors. Considering the current statistics on computer and internet usage in the US, access to pornographic sites by minors via the internet has undoubtedly increased and the debate now is more on structuring morals since restricting access is now almost out of  the possibility range.

Response 3- Chapter 3 4
This is a response to the extent with which federalization of state crimes cut across traditional ideological values depicted in the due process model and the crime control model. To start with, a great deal of debate in the circles of the American Justice system has been on the cut line between federal crimes, state crimes and the rationale of crime federalization. In some cases, the overlap between the duties of the two organs of law enforcers have thrown the public into confusion over who exactly should take charge of particular crimes (Willard, 1998). Generally, federal crimes in the US constitute crimes made illegal by the US federal legislation or crimes that occur on any US federal property. Interstate and international crimes are examples of federal crimes. Traditionally, the role of public safety is supposed to be the role of state and local authorities. When the federal agencies comes in and assumes the role supposed to be played by these organs, conflict of interest is bound to emerge and a consequent public image that regards state and local authorities as inferior to the federal agencies. The FBI is essentially at the fore front in all federal offenses. It is to be noted here that the original categorization of federal offenses (federalization) was on the federal government to be providing assistance to local agencies in crimes of significant national concern. Over time however, the list of crimes that have been federalized have increased manifold, and as some analysts observe, there has been too much federalization even in unnecessary situations. According to Meese (1998) a great deal of federalization has been reactive and political rather than from the actual requirement of criminal justice policy. The debate on the dichotomy between the participation of state and federal jurisdiction lines has in the past focused on the necessity for having the two forms of law enforcement agencies.

When federalization of crimes is observed in the mirror of the two models constructed by Herbert Packer, it is not easy to make a clear cut difference as to whether the process fits the crime control model that exemplifies the repression of crime as the most fundamental function of the CJS or the due process model which views the fundamental requirement of the CJS to be that of providing the due process.  As observed above, a great deal of federalization of crimes has been reactive in the past. As such, most of the crimes federalized over the period have been based on the systems reactions to crimes that had already occurred and therefore were aimed at repressing the reoccurrence of such crimes by all means possible. Looked at this way, one can argue that the crime control model has in a great way shaped crime federalization in the US. Further, the criminal justice system has had to contend with strain due to rapid increase of crimes and as such, the due process model which seeks to maintain the liberties of the defendants until proven guilty has appeared to be rather slow and not assisting the cause of overcrowding (Smith, 1998).  Generally, population pressures and lack of resources within the CJS have almost unconsciously led to the adoption of the crime control model in all instances of federalization. It is to be mentioned here however that the primary purpose of the US criminal Justice System is not only to speedily deal with crime as depicted in the crime control model but also and more importantly to ensure the fulfillment of justice in all cases within its jurisdiction. One can therefore conclude that the overall philosophy of federalization has been guided by the due process model though the real implementation adopts the crime control model.

Response 4-Chapter 44
This response will analyze why crime control advocates oppose drug courts while the due process proponent support the courts. First, one of the most fundamental responses by the judicial institutions in the US regarding the war on drugs has been the establishment of specialty drug courts.  In their creation, they were explicitly envisaged as a positive response to the 1980 proliferation of caseloads and overcrowding in prison facilities which were a consequence of the intensive war on drugs during the period. Their central role was and still is primarily to provide a safety mechanism, for the ominous cycle constituting incarceration-release-recidivism of low level drug users that filled the US prisons instead of focusing on the distributors and dealers that initiated and facilitated drug supply and use in America (Miller, 2009). The courts are designed so that they intervene and divert offenders so that they receive treatment before imprisonment.

The proponents of drug courts supports the due process model of crime and argue that the drug courts are a tremendous opportunity for drug policy especially in shaping social norms in regard to addiction and incarceration. For such proponents, the courts should not only play the crucial role of correction but should facilitate the shaping of the lives of defendants through the provision of necessary treatment and rehabilitation options. In addition, proponents argue that the traditional continued arrest, conviction and incarceration of drug users pose acute managerial problems emanating from an overloaded criminal justice system. In addition, proponents argue that the court system ensures that the judges and other players in the judicial system are actively involved in providing therapeutic aid other than the traditional passive role of passing sentences even to low cadre users. Further, proponents view the establishment of the drug courts as promoting social cohesion where the criminal justice system participants namely the judge, prosecutor, defendant and the defender adopt  non-traditional positions where they cooperate in a treatment team aimed at rehabilitation rather than engage in an adversarial encounter of determining guilt or innocence.

Opponents of drug courts on the other hand argues that the introduction of the special court drugs defeat the logic of law in dealing with crimes and have interfered with positive liberty where individuals ought to be given the freedom to decide on what they want to do (Berlin, 1958, p. 7). For these crime control advocates, an individual should be left alone to make decisions, which if they amount to crime should be fully repressed through the instituted legal mechanisms. Opponents also argue that treatment without necessary punishment and treatment does little or nothing at all to ameliorate the prevalence of drug use. In addition, the case of the cost of these courts and the treatment options has been of concern to the opponents who argue that this arrangement is too costly and exert unnecessary expense to the tax payers who are already overburdened by the tax regime.

Response 5-Chapter 54
In this response, an analysis will be done to establish the existence of a danger that prosecutors may seek continuances. As applied in the criminal justice system, continuances refer to the postponement of a trial, hearing or other court proceeding at the request of a party or both parties in a court dispute. The judge can also issue a continuance for his own reasons which he does not necessarily require to inform the parties. It is to be noted here that the United States Criminal Justice System admits that litigation delay increases litigation expenses and anxiety and increases the likelihood of undermining the noble objectives of the justice system. In addition, it also asserts that criminal litigation should not take longer than necessary in propagating through the system. It also asserts that continuances should be few and where necessary, good reasons should be provided and a written request is made and resolved by a judge. In allowing or denying a continuance, concern should be the ultimate judicial goal of justice as opposed to speedy disposition of cases and therefore acknowledges the need for continuances when and where necessary. When allowed, continuances have the direct impact of delaying resolution of disputes (Yeazell, 1998). Although requesting continuances in some case is vital in order to ensure that both parties are not disadvantaged, the same avenue has in the past been misused by prosecutors who fail to be efficient during trials preparation. Utilizing the loophole that does not limit the number of continuances in cases, the avenue is open to misuse as prosecutors who fail to gather enough resources for their prosecution continually looks for reasons that warrant continuances. In response to the question, the chances of prosecutors seeking illegal continuances abound greatly. Despite continuing reforms and call for improving the efficiency of the judicial processes, personality issues and inefficiency are bound to affect the efficiency of individual prosecutors who then rely on their experience of the systems to seek continuances to cover for their inefficiencies.

Response 6-Chapter 62
The concluding response will be on whether state attorneys should be given authority to supervise locally elected district attorneys. To begin with, it is prudent to analyze some of the express authorities bestowed on state attorneys virtue of their positions. Every state has the responsibility of defining the authority and responsibilities of state attorneys which should be in line with the federal guidelines on the duties and responsibilities of such office holders. For instance,  state attorneys in Illinois have their primary duties identified as working with police in making decisions on preferential charges against offenders and also to prosecute offenders in manners and practice that best represents the objectives of the criminal justice system primarily the observance of justice (US Legal, 2010).

On the other hand, the district attorneys are elected public officials whose duties are defined by the states law. Primarily the district attorneys manage the prosecutors office at the district court levels, file criminal charges or investigate crimes in cooperation with other law enforcement agencies within the jurisdiction of a legal district.

In response to the question above, giving state attorneys authority to supervise district attorneys may seem the right thing to do in consideration of their jurisdiction and powers. However, it may pose considerable conflict of interest especially considering that each officers duties are well defined. When an individual is given authority over the other, the initial presumption is that the person bearing authority has more power to lord over the former and this may not necessarily be the case in this situation. At best, state attorneys should be allowed to cooperate with the district attorneys in a more team work spirit in prosecuting cases and fulfilling the other duties required by the law. Further, the consideration that District attorneys are elected directly by the people may not augur well with the electorate if their candidates have to be unduly responsive to parties unfamiliar to the district jurisdiction. The electorate should be allowed to retain their powers in gauging the performance of their district attorneys and retain their power to vote them out when necessary. This does not however imply that district attorneys should not be responsive in cases that require cooperation with the state attorneys.

Favorite Topic
The topics presented in this course have been in-depth, interesting and worthwhile informative. Particularly, the topic on the law and crime came out as of most interest to me especially as portrayed through the high profile cases involving celebrities such as Michael Jackson and Kobe Bryant. The intricacies between civil and criminal proceedings were a worthwhile piece of information as well as the information on the various processes that are followed in court case proceedings. I enjoyed the topic due to its step by step presentation of facts that are fundamental in laying a foundation in any law oriented profession.

Formation of Contract (Assignment One)
Part One
What is a Contract and when is one made
As defined by McConville (n.d., p.1), a contract is a legally binding agreement between two parties. This means that the rights and obligations of the parties under a contract may be enforced by the courts. The courts may compel performance of contractual obligations by the party in default or, more commonly, may award damages for breach of contract. There are four basic elements that must be present for a contract to be formed. These include the offer, acceptance, consideration and intention to create legal relations.

Explain the Different Types of Business Agreements and the Importance of Key Elements Required for the Formation of a Valid Contract.

In business agreements exist to ensure the smooth running of transactions and somewhat insure the business from any inconveniences. Due to that there are various types of business agreements, with each of them dealing with a particular aspect of business.

One form of business agreement involves the supply of goods. This is the most common form of contract in business, as laid out by the Sales of Goods Act, whereby sellers transfer property in goods form to the buyers in return of money consideration otherwise referred to as the price.  There is also the supply of work and material agreement, which is a contract that facilitates the supply of work and material, for instance in business transactions where a contractor is putting up a building.

There are also to enable business people to buy their products on credit these are referred to as the supply of goods on credit agreements. In the same line, the financial service agreements enable business people to use a variety of financial services including bank loans and insurance. These are contracts with details of what might be lawfully claimed from an insurance company in relation to the liability of a company to its employees and customers. In addition, other business agreements concern resources like land and employees.

According to Dransfield, a valid contract contains key elements like the agreement, consideration, intention, capacity, legality, genuineness of content and form. (Mallor, 2001) stresses that an agreement that fails to specifically elaborate these key terms showing what the offeror is willing to do and what he asked in return for his performance is unlikely to be considered an agreement at all. The purpose of the definiteness of terms in an agreement indicates the offerors intent to the contract, whereas indefiniteness and lack of specificity points to the fact that the parties are still negotiating and have not yet reached an agreement.

Part Two
Application of the Rule of Offer and Acceptance and Considering the Impact of New Technology.
Furmston (2001, pp. 30-37) points out that there can be no acceptance and therefore no agreement unless there was an offer in the first place. An offer exists whenever the objective inference from the offerors words or conduct show that he intend to commit himself legally, without further negotiations, to the terms he is proposing if the offeree accepts. In this case, Roland, Samuel and Diana were the offerors whereas David was the offeree. The three offerors demonstrated an intention to commit themselves legally and without further negotiations to the terms that they were proposing to David. But it is to Dianas offer that David first assents and this makes the agreement complete.

However, as this agreement is sealed, David is yet to receive the offers from both Samuel and Roland which were posted earlier on that very Saturday. Supposing both Samuel and Roland used the e-mail to send their offers and David got them on time, they still cannot make any claim because David didnt communicate his acceptance. Poole (2001, pp. 48 60) argues that acceptance is not effective as a general rule unless it is communicated to the offeror. Acceptance occurs when the offerees words or conduct give rise to objective inference that the offeree assents to the offerors terms. And this is what happened between David and Diana, when he accepted to sell her the vase at  400.

Importance of Contracting Parties having the Appropriate Legal Capacity to enter into a Binding Agreement.

If Roland, Samuel and Diana were each only 14 years old, then by no means would their agreements be legally binding, particularly because they are less than 18 years of age and the agreements itself is not over what could be defined as a necessity. As pointed out by Dransfield (2004, p. 733) the law places restriction on who should make contracts and the purpose for this is to protect the individuals concerned. There are restrictions on the ability of minors from entering into contracts.
Terms of Contract

Part Two
There prominent issue that arises in the contract that Fred and Ethel made with Photo Limited is that of limited liability. Such like clauses do not exempt or absolve a party from liability but will instead place a limit or a ceiling on the maximum liability.  Taylor (2007, pp139) cites the example of  Ailsa Craig Fishing v Malvern Fishing (1983) a limitation clause limited liability to 1 000 pounds, so that the damages could be less than but not more than 1 000 pounds, even though the actual lose caused was assessed at 55 000 pounds.

In the case of Photo Limited, the company offers Fred and Ethel  50 in damages, howsoever claimed. It is prudent that they accept the  50 offer, since Photo Limited is going to invoke it as a defense in case Fred and Ethel decide to sue. It worth noting that such clauses of limitation are not regarded by the courts with the same hostility as clauses of exclusion this is because they must be related to other contractual terms, in particular to the risk to which the defending party may be exposed, the remuneration which he receives and possibly also the opportunity of the other party to insure.

David and Janet on the other hand, enough have grounds to secure damages if they sue Fairview Hotel it is after David has tripped on a piece of loose carpeting and baldly twisting his knee that together with Janet, they find a sign of the door of their room informing them that the hotel is not liable for any loss, damage or injury to guests or their property, howsoever caused. David and Janet can successfully argue that the notice was not given to them at a timely manner.

Taylor (2007, pp130) points out that a notice of terms must be given before or at the time the contract is made. In a similar case Olley v Marlborough Court Ltd. (1949) a contract was formed at the hotel reception desk and the hotel owner could not rely on an exemption clause that was only notified to the guest when she entered the bedroom and saw a notice on the wall. When faced with the question of notification of terms the most important step is to establish when the contract was formed.
Importance of the Rule of Intention (Part Three)

There are two agreements here, between Robert and his friend Steve. One concerns the buying of tissue roll and milk, which they agree that Steve will always do the former whilst Robert will do the latter. Notably, they do not put this agreement on paper. However, when they are in pub celebrating the agreement they make another agreement which states that Steve will buy three pints of beer for Robert whereas Robert will buy a pint of beer and a portion of fish and chips for Steve. This second agreement is written down clearly stating that either party may be sued for a breach of his obligation and it is signed by both of them. Robert fulfils his part of the agreements while Steve does not.

The arising question is whether and if so, to what extent Robert would succeed if he were to sue Steve. Notably, the first agreement between Robert and Steve, which involves the purchase of toilet roll and milk between them, is an unenforceable contract even though it meets the basic legal requirements for a contract, considering the age of the parties and their intentions, it however may not be enforceable because theres lack of proof that they made such an agreement in the first place (Mallor, 2001). It is unlike the second agreement, which was written and they both signed agreeing that either party may be sued for a breach of his obligation.

Therefore, Robert can successfully sue Steve for breaching the agreement. Robert made an offer of buying a pint of beer and a portion of fish and chips for Steve and in turn Steve agreed to buy him three pints of beer. Steve accepted to enter the contract and that demonstrated his intent to the contract. His intent as an offeror is judged by what his words, actions and the circumstances signify about his intent. Mallor (2001) observes that if a reasonable person familiar with all the circumstances would be justified in believing that the offeror intended to contract, a court would find that the intent requirement of an offer was satisfied even if the offeror himself claims that he didnt intend to contract. And on this premise, Robert would successfully sue Steve for breaching their agreement.

Importance of the Rule of Consideration of the Parties of Agreement (Part Four)
An obligation under a contract can only be enforced if the party who wants to enforce that obligation has given or promised something in return. All parties to a contract must provide consideration and if no consideration has been provided by a party to the contract, then the contract will only be enforceable if it is made as a deed. If the provided consideration has some value then the courts will not normally be concerned with the fairness of the contract or the adequacy of that consideration. The person to whom the promise is made must have provided consideration and must do, give or promise something in return for it. Something that has been done, given or promised prior to the formation of the contract will not count as consideration. McConville (n.d., p. 2)

In cases where no consideration has been provided the law has introduced various ways to make certain promises binding in those circumstances. In this case, Albert is bound to pay Bob, John and Helen the extra amounts he had promised to pay them, because if they sued him they would invoke the doctrine of promissory estoppel as their defense, which could help argue that Albert relied on the promise to influence their conducts and that Albert must have had the intention that the other parties would rely on his promise.

This is possible because Albert badly wanted to auction the house on time and therefore was keen on making certain that the work is accomplished on time. Besides, it is arguably true that he made the promise to avoid the stress of rearranging the auction. Even though the doctrine of the promissory estoppel does not create a cause of action, it may be used as a defense to an action brought by a party in a bid to enforce their legal rights McConville (n.d., p.2). It is therefore prudent for Albert to pay Bob, Job and Helen, the extra money he had promised them.

Albert and Ted
Basically, contracts are often concerned with the enforcement of promises. The case between Ted the gardener and Albert can hardly be considered a consideration because there was no agreement between them. Ted just chose to work on Alberts lawn during his free time and then agreed with Albert that his pay would be 75 pounds. Even though Ted began working before agreeing with Albert, his is no longer a consideration but a contract. Therefore, Albert should pay Ted the 75 pounds.  Poole (2001, pp 48-80) reiterates that in spite of the disappearance of the subjective approach to the making of contracts the law frequently the intention of the parties as a test of resolving difficulties. If Alberts intention of entering into this agreement was to merely lure Ted into working on the lawn before the deadline, on the premise that Ted had began the job without the agreement, then Albert will be imputed to pay damages because after they had reached an agreement, Ted actually did the job.

Tortious Liability (Assignment Three)
What is meant by strict liability
 As underscored by Scheb (2008, pp 82), the common law consists of criminal acts or omissions known as actus reus and the mental element referred to as mens reus. The offences of strict liability, as Tufal (n.d.) points out, are those crimes which do not require mens reus with regard to at least one or more elements of the actus reus. This means that the defendant need not have intended or known about that circumstance or consequence and, liability is said to be strict with regard to that element.
According to Schafer and Schonenberger (1999), the courts do not have to set any level of due care under strict liability, because the injurer has to bear the cost of the accident regardless of the extent of hisher precaution (p 603). However, Tufal argues that strict liability is imposed only when theres a presumption of law that mens reus is required before a person can be guilty of a criminal offense and this presumption is particularly strong in cases where the offense is truly criminal in character.
Strict liability allows a person injured by, for instance, a defective or an unexpectedly dangerous product to win compensation from the maker or seller of the product, regardless of the fact that the manufacturer or the seller was actually negligent. Mathews  Mathews (2009, p. 44)

Part Two
Assess the liability in tort, if any, of Keith, his employer, Pub One and Two and their respective employees who served Mike the alcohol.

Tortious liability arises from the breach of a duty primarily fixed by law and this duty is normally towards persons in general and is redressed by an action for un-liquidated damages. The duty fixed by the law does not necessarily mean that it is fixed by statute but by a duty, which the courts have recognized. The nature of the duty varies from one tort to another. For example, where negligence is alleged, the duty is to take reasonable care whereas in the case of trespass, the duty to the person is to refrain from infringing another persons bodily harm. The Origin and Character of Tortious Liability (Anonymous, 2004)

Keith is liable to paying damages to Alison. According to Bigelow (1997, p. 285) if a person, say A, by his negligence causes damages to another person, called B, without Bs fault then A is liable, provided that A owed to B the duty to exercise reasonable care.  While driving, Keith had a responsibility to ensure not only his safety but also that of other motorist. Therefore, by accepting to pick his call while driving, Keith breached his duty to exercise reasonable care to Alison and other motorists.  And in that sense, he is also liable to paying damages to Gary for his missing his flight to go to Japan to secure a job.

Analyze the Practical Applications of Particular Elements of the Tort of Negligence.
The tort of negligence involves more than just careless behavior. Negligence comprises of three elements, which are duty, breach and damage. The damage aspect is at times broken down into the components of causation and remoteness. But it can safely be said that all these elements are interrelated and the confusion between them is often inevitable. Worth noting is that a complainant has to show all the three elements before heshe can succeed in the tort of a negligence.

For example, if Gary fails to show that he was owed a duty of care by Keith, it doesnt matter whether the Keith has been careless or not, there would be no liability. Likewise, if theres no breach theres no liability even if, as a matter of law, it is a duty situation. This means that Keith could have caused the accident due to his carelessness, but if the circumstances surrounding the accident do not point to the fact that he actually breached his duty of care to Gary, then he would not be liable. Similar arguments relate to the damage aspect, if theres no damage, theres no liability in negligence.

Discuss the Nature of the Employers Liability with Reference to Vicarious Liability and Health and Safety Implications.

There are two forms of vicarious liability. One is in which a person is held liable for acts of another who has mens reus whereas in the other one, a person is held liable for the act of another where the act of the other amounted to an offense of strict liability. An example of this is where a merchant is held liable for the sale of an article forbidden by the law, whereas it was his employee who actually sold it. Leigh (1982, p. 1).

In this case, as observed by Leigh (1982, p. 1), the court recognizes the nexus between the employer and the employee the employer is liable even though the employee was personally at fault and conceivably, even if he was acting in breach of instructions. Therefore, Keiths employer is also liable even though heshe was ignorant of the fact that Keith was driving at the time that went through. Keith should have asked his employer to call later, probably after he had reached his destination. But since he didnt and in answering that call, he brought about an accident and inconvenience to Gary, the employer is liable.

On the other hand, the owners of the premise of Pub One are not liable to Mikes accident in Pub Two. As Mathews and Mathews (2009, p.36) attests, in a slip or trip and fall case, one measure of whether a business has been reasonable in its protection of its customers is how and how often it checked the conditions of its floor. If a business has a very spotty inspection record or produces no record at all, then a plaintiff has a strong argument that it was negligent and thus legally responsible for having failed to monitor the safety of the premise.

Pub One could have been liable to paying Mike damages if he had got the accident at their premises as a result of their negligence, as shown above, a wet, slippery floor. What Pub One did was to serve Mike drinks as per his demands and arguably, they were used to serving such like heavy drinkers at the pub without seeing such accidents.

In the same vein, Pub Two is also not liable to paying Mike damages. Mathews and Mathews (2009, p.36) are of view that in every slip or trip and fall case, a persons behavior is part of the issue of who was careful or careless. Mike does not break his back because he slipped on a slippery floor or because of the poor lighting in the pub. The accident occurs when he is trying to get off his stool and then loses balance and falls. He is probably too drunk after taking 16 drinks at Pub One. This exempts Pub Two from paying any damages to Mike.

In sum, both the law of contract and the law of tort play a crucial role in making sure that business transaction are carried out in a manner that it fair to both parties involved. The extensive nature of these laws see to it that almost any form of disagreement that could arise in a business transaction is adequately addressed.

Security in the general society which is perceived as organized is normally provided for by the armed forces, private security and also by the use of law enforcement. Security by definition, are the methods used to increase the methods of providing a crime controlled environment, by the use of security services and alarms. Due to the recent changes in technology and trends, there has now been added a new term which is loss prevention. This involves the prevention of loss of assets via fire, crisis, terrorism, etc. Thus loss in broad definition is the increasing the likelihood of controlling loss of property by an individual or a number of individuals.

Fraud is a general term that describes deceiving an individual intentionally, with an aim of damaging that individual or just for personal gain. Fraud being a crime by definition of law, it is also punishable by the same way. Most of the hoaxes are considered as fraud, but if it is not with an aim of personal gain, it is not technically a fraudulent activity. Fraud for monetary gains has always been the most common form of fraud, though fraudulent activities involving archeology has also been reported. Fraud is possible through a various number of forms, including via technological forms such as phone and mail. Most common form of fraud includes identity theft, embezzlement, bait and switch, benefit fraud where one frauds the government, charlatanism, confidence tricks, bankruptcy frauds which involve the theft of goods and services, investment frauds and many other forms that are countless.

The most common form of embezzlement is in the corporate world involving the misappropriation of funds that is entrusted to an individual, in a dishonest manner. It is mostly done in a manner that is systematic, and in small amounts, so that the authorities involved cannot detected, thus it is done over a long period of time. Thus in this paper, we will be looking at the safeguards against embezzlement, as well as the deterrent of other fraudulent activities, within the corporate world.

How would you protect corporate executives of fraudulent acts against them What would be your plan of action How would you implement your measures

One of the methods I would advise corporate executives to use to prevent fraud, is by use of internal controls. My plan of action with this method would be to ensure that there is a separation of duties allocated to different staff. A good example of implementation of this, especially in the case of embezzlement, which is also a form of fraud, is if a certain individual is supposed to be collection cash, and a receipt or voucher is to be received for entry or access into a certain service, the task should be divided into two separate individuals, such that one receives the cash, and one receives the receipt given for entry or access to a service. The only way that an individual with an intention of embezzling money in such a way could succeed is by colluding with the other party. This will not completely eliminate fraudulent activities within the organization, but it will ultimately reduced it, considering that such a collusion is difficult to arrange, and even if done, the final pay-off that each individual would receive will be split and hence not worth the trouble. Another way in which I would protect the corporate executives is to ensure that funds that are entrusted to an individual, is constantly in rotation, to a different individual entrusted the same funds after an unspecified period of time. This will deter such individuals from embezzling the funds over fear of detection.

Implementation of this principle can be done by ensuring that when the organizations require funds, the accountant is not notifies of the need for money before hand, but rather, they funds are just requested for impromptu. Some of the evaluation methods that I would use to evaluate the outcomes of the methods implemenetd would include, setting up of a control environment, assessing the risks involved, setting up control activities, setting up of an efficient information and communication setup and finally monitoring the progress made by the corporates in their involvement of implementation.

If you were requested by the chairman of the corporation to create a loss prevention education workshop for the corporate executives, how would you create it for implementation What would be the mechanisms that you would use to evaluate that the lessons being learned in the workshop are working toward loss prevention

If I was given the responsibility of creating a loss prevention workshop, I would ensure that I set it in a manner that it falls on a day that all the executives will be present, and also ensure that each and everyone attends the workshop. I would also arrange for certificates to be awarded to the participants to ensure that they are motivated to attend, and be participative and serious. I would educate the executives on the importance of fraud deterrence, as opposed to fraud prevention. With fraud deterrence, you choke out the opportunities for fraudulent activities, while with preventions, you simply try to avoid, but still it can occur. One of the methods I can use to evaluate the success of the program is to ensure that there is a test at the end of the workshop, and this is where the certificates of merit will be awarded. I will also place a scenario, unknowingly to the executives of course, that will evaluate their level of preparedness to fraud attempts.

In this case, there are a number of torts that are committed. By the fact that Dwight is using Michael, Pam and Jims names and images to make advertisement without first consulting them, he his committing a tort of invasion of privacy. This tort is classified under the tort of Intentional Harm to Intangible Property Interest. The three people whose privacy has been invaded responds by beating up Dwight which is also illegal under the law. By hurting Dwight, Michael is also committing a tort of Intentional Harm to a Person which is classified under battery. This is a case where a person inflicts injuries or harms another person without permission from the hurt person.

The tort of invasion of privacy is committed by Dwight and it is injuring the other three people that is Michael, Jim, and Pam.  Dwight did not consult them before he used their names and at the same time, they are not comfortable with him using their names in the advert. The second type of tort which is the tort of battery is committed by Michael. The person who is injured by this form of tort is Dwight because he is the one who is beaten by Michael to an extent that he broke his leg.

In this case, it is clear that Dwight and the group of Michel, Pam and Jim had committed offences against each other. It is therefore advisable for the two not to take the matter to the authorities and instead deal with the issues using other forms of dispute resolution such as negotiation. This is a case where they should sit down and discuss the issues and come to a conclusion. In the negotiation, they should agree on whether Dwight should stop running the advert and whether he should be compensated for the broken leg. They should also agree on whether Dwight should compensate the three for using their names in the advert. If the negotiations fail and they go to court, Michael, Pam and Jim should seek compensation from Dwight for invading their private life. On the other hand, Dwight should seek compensation from Michael for inflicting injuries on his body.

Post a two-paragraph summary of how the court system in your state compares to the United States court system

The Louisiana Court system is similar to the United States court system as both are comprised of courts vested with jurisdiction to take cognizance of cases and to interpret applicable laws promulgated by the legislature. In Louisiana, thejudicial branchis responsible for administering the laws of the state and resolving legal conflicts (Judicial Branch). In addition to this, both systems are divided into distinct courts, handling different types of disputes, in order to ensure a proper system of review of cases.

As can be gleaned from the court system of the United States, the courts are apportioned so as to include district courts, courts of appeals and the Supreme Court. This is the same system obtaining in Louisiana as district courts are likewise appointed as general jurisdiction courts to hear and decide criminal and civil matters. Courts of Appeals are likewise appointed to take cognizance of appeals instituted in relation to decisions and resolutions issued by district courts. Finally, both systems have a court of last resort, or the Supreme Court which is likewise vested with the power of general supervisory jurisdiction over all other courts (Judicial Branch).

Post a one-paragraph summary of the various functions of our criminal justice system.

The criminal justice system is one such system which deals with the administration and implementation of the criminal laws in force in the society. The basic purpose of the criminal justice system is to deal with those who commit or are accused of committing acts against individuals and societythat have been deemed to be crimes (Criminal Justice System Overview). The criminal justice system endeavors to keep the peace in the community by making sure that laws are observed and that those who violates the laws will be meted out with reasonable and proportionate penalties. In this regard, the system likewise works to safeguard the rights of those who are accused of crimes to make sure that proper procedure is followed in their prosecution and that penalties are imposed in accordance with the law.

Locate a newspaper or magazine article that discusses plea-bargaining and whether it is an asset or liability for the CJ system, or which discusses determinate and indeterminate sentencing. You may have to look a bit on the Internet, but they are out there. Try using the web sites given to you in your assignments. Post a two paragraph summary of the article.

The process of plea bargaining is often criticized in view of the fact that it sometimes prejudices the accused rather than assisting the proper disposition of criminal cases. It is likewise raised that in most cases involving plea bargaining, the accused is not afforded enough protection because instead of being aware of the importance of the process, the accused is more apprised of how the said process can shorten the process of trial. Some critics would say that the process of plea bargaining is sometimes utilized, not to the benefit of the accused, but to his detriment in instances where plea is entered simply for convenience.

Additionally, it is likewise advanced that plea-bargaining confuses the authority of one key player from another within the criminal justice system.  In one article, the Time mentioned that in plea bargaining it is generally the prosecutor and not the judge who in effect decides whether and for how long a defendant is going to jail (Is Plea Bargaining a Cop-Out), which should not be the case. In effect, the article is saying that plea bargaining extends the authority of prosecutors to the extent that it can somehow override the role of judges. In summary, it is the view that plea bargaining serves a purpose in facilitating criminal proceedings, but in this process, the rights of the accused, and the legal boundaries set by law, should likewise be considered and given primordial importance.

Explanation of the courts in your state that are the equivalent of the Texas Justice of the Peace Court and the Texas Municipal Court, and the similarities and differences of said courts.

 In Louisiana, cases handled by Justice of the Peace Courts are limited. Most of the cases taken cognizance by the said courts are those that involve minor infractions or violations, or those that are considered as non-felony criminal cases. This is similar to the Justice of the Peace in Texas as said judicial body is vested with original jurisdiction over Class C misdemeanor criminal cases, which are less serious minor offenses (Justice of the Peace). Louisiana Municipal Courts, on the other hand, generally handle and take cognizance of most violations of city ordinances and some state laws (Louisiana Courts). This is likewise similar to Municipal Courts in Texas as municipal courts in Texas are vested with original and exclusive jurisdiction with respect to violations and infractions involving city ordinances.

Summary of the Texas District Court, Texas Court of Appeals, Texas Court of Criminal Appeals and the Texas Supreme Court, and a summary of the equivalent of each of these courts in your home state.

Texas District Courts are considered as the courts of general jurisdiction, and are assigned, as much as practicable, in each county in the state of Texas. The District courts have original jurisdiction to hear and decide cases involving felony, divorce, title to land, election contests, civil matters in which the amount of money or damages involved is 200 or more, and other disputes in which jurisdiction is not vested in another court (District Courts). The Texas Courts of Appeals, on the other hand, are judicial bodies vested with intermediate appellate jurisdiction over cases decided by the Texas District Courts. There are fourteen (14) Courts of Appeals in Texas and each of such courts has jurisdiction in a specific geographical region or location within Texas (Courts of Appeals).

The Court of Criminal Appeals is considered as the court of last resort in respect of criminal cases.  In view of the same, judges of the said court are elected by the voters of the entire state, and said judges hold offices for terms of six years (Court of Criminal Appeals).  As regards civil matters or civil cases, it is the Texas Supreme Court which is considered as the court of last resort. In addition to this, the Texas Supreme Court is likewise vested under the law with administrative control over the State Bar of Texas and the authority to issue licenses to attorneys in Texas (Supreme Court).

In Louisiana, the District Courts may be considered as the equal of the Texas District Courts to the extent that both courts are courts of general jurisdiction, having original jurisdiction to hear and take cognizance of most civil and criminal matters instituted by parties. It is noteworthy, however, that Louisiana District Courts, unlike their counterparts in Texas,  do not have jurisdiction over cases involving the right to run for office or other public position, civil or political rights, and most issues of probate and succession (Judicial Branch). The Texas Courts of Appeals also have their own counterparts in Louisiana or the Louisiana Courts of Appeals. Similar to the Texas Courts of Appeals, Louisiana Courts of Appeals are also vested with appellate jurisdiction over civil cases and most of criminal cases brought before lower courts.

The Louisiana Supreme Court may be said to be the counterpart of two courts in Texas. In respect of criminal cases, the Louisiana Supreme Court is the equivalent of Texas Court of Criminal Appeals. As regards civil matters instituted by the parties, on the other hand, the Louisiana Supreme Court becomes the equivalent of Texas Supreme Court. It is worthy to point out that in its review of civil cases, the Louisiana Supreme Court takes into account the facts and the law of the case which is different from the procedure followed in its review of criminal cases where the Courts jurisdiction is limited only to questions of proper interpretation accorded the laws applied in the case (Judicial Branch).

List the felonies in your state and the misdemeanors. Explain the range of punishments for the various crimes.

Different Classes of Crimes
Crimes in Louisiana may be characterized or differentiated as follows felony, misdemeanors and minor offenses.

Examples of Crimes within Each Class
Examples of felonies are the following murder, treason, rape, arson, burglary and kidnapping (Classification of Crimes). Misdemeanors, as opposed to felonies, on the other hand, are those crimes which are considered as less violent in nature, and inflict a lesser of harm to other people and to society. Finally, minor offenses involve the commission of petty offenses, examples of which are infractions or violations of local laws and ordinances.

Punishment for Each Class
A felony is a crime that is considered serious and is punishable by imprisonment of more than one year. The penalty imposed for commission of misdemeanors is imprisonment of one year or less. Penalty imposed for commission of minor offenses constitute the payment of a fine or imprisonment for a short period of time.

When An Act Becomes A Crime
The Louisiana Revised Statutes define crime as that conduct which is defined as criminal in this Code, or in other acts of the legislature, or in the constitution of this state (Louisiana Revised Statutes section 147). Thus, for purposes of determining when an act becomes a crime, it is important to take note of the laws defining crimes within a certain jurisdiction. In Louisiana, the following are considered as criminal conduct which necessitates the imposition of penalty an act or a failure to act that produces criminal consequences, and which is combined with criminal intent or a mere act or failure to act that produces criminal consequences, where there is no requirement of criminal intent or  criminal negligence that produces criminal consequences (Louisiana Revised Statutes section 148). In this regard, it is noteworthy that an act becomes or constitutes a crime when the said act corresponds to those defined under the criminal laws of the applicable jurisdiction, in this case, Louisiana. In light with this, for purposes of properly determining whether an act constitutes a crime, it becomes imperative to take note of the laws defining crimes in the jurisdiction where such an act took place.

Review of the Case of Washington vs. Crenshaw.
The case of Washington vs. Crenshaw involves defenses of excuse in criminal cases, particularly the defense of insanity. The case began when Crenshaw caught his wife cheating on him with another man. Due to this discovery, Crenshaw killed his wife, then sought the assistance of hitchhikers to conceal the remains of his wife. Unfortunately, the hitchhikers reported the incident to the police, and Crenshaw was arrested and tried for murder in the first degree. During the trial, Crenshaw admitted the commission of the crime, but interposed as a defense his alleged insanity. He likewise made mention of the fact that based on his religious beliefs, it is right to kill ones wife if she has committed adultery. Despite the fact that Crenshaws medical history showed previous mental problems, the Trial Court nevertheless found him guilty. The Trial Court stated there could be no insanity if one had the knowledge of what is right and what is wrong at the time he committed the crime.

On appeal, the Supreme Court upheld the ruling of the Trial Court. The Supreme Court held that insanity cannot be admitted as an excuse of defense if at the time of the commission of the crime, the offender had discernment that what he was doing was morally and legally wrong. In the case at bar, despite Crenshaws contention that his religion requires death of an adulterer as punishment, his personal belief that it was his duty to kill his wife does not exculpate him from legal responsibility for his acts (Washington vs. Crenshaw) as acts of cleaning up the scene of the crime to remove traces of his acts and his admission that taking the life of ones own wife is contradictory to societal norms prove that he was well aware that what he committed was not right.

Defenses of Justification and the case of Bishop vs. The State Of Georgia.
What rule does the court adopt in the use of force to protect homes Use of force to protect homes
In the case at bar, the Court held that the use of force to protect ones home is justified to the extent that said use of force was done when the inhabitant reasonably believes the entry is made for the purpose of committing a felony. Outside the same, or in the absence of reasonable belief that his abode is in imminent danger, one cannot be justified in using force to harm another.

Why does it reject the use of spring guns
The Court, citing the case of People vs. Ceballos, explained the wisdom behind its rejection of the use of spring guns by saying, allowing persons, at their own risk, to employ deadly mechanical devices imperils the lives of children, firemen and policemen acting within the scope of their employment, and others. Where the actor is present, there is always the possibility he will realize that deadly force is not necessary, but deadly mechanical devices are without mercy or discretion. Thus, due to the possibility that severe injury may be caused to someone who is innocent, the cause rejected the use of spring guns.

What facts bear on the question of justification here
The Court rejected the defense of Bishop that his act was justified since the spring gun was used in his pursuit of protecting his home. The Court said that the use of spring gun to protect ones home is justified only when the inhabitant reasonably believes that the entry is made by the other person for purposes of committing a felony. Naturally, a person would be justified in seeking to protect himself and his home when he feels that danger is on its way. The said principle, according to the Court, finds no application in the case of Bishop as there was nothing to justify any suspicion on the part of the defendant that his abode is in face of imminent danger since at the time that Freeman attempted to enter the trailer, Bishop was not at home.

Does the dissent have the better of the argument in maintaining that the law should accept the use of spring guns
In justifying the use of spring guns, Justice Smith, in his dissent, reiterated the saying that every mans home is his castle. The dissent stated that in face of a reasonable expectation that another person might unlawfully enter his home to commit a crime, then the use of force is justified. For purposes of determining the reasonableness of using a deadly weapon, what should be looked into is the intent of the defendant at the time that he sets the spring gun, setting the chain of events leading to the death in motion, rather than to the time at which the victim is shot. Thus, in the case of Bishop, it is intimated by the dissent that the use of spring gun was justified as what should be controlling was the belief of Bishop at the time he set up the spring gun and not the time the gun went off and shot Freeman.
Whilst the dissent presents a sound argument in allowing the use of spring guns, it is advanced that for purposes of maintaining peace and avoiding undue injury, the majority opinion is given more credence. Regardless of the intentions of homeowners to keep their abodes from trespassers, it cannot be denied that the use of deadly weapons may cause undue injury to those who may be innocent. In this regard, the majority opinion is correct in holding that in the absence of a reasonable belief that an unlawful entry is to be made for purposes of committing a felony, homeowners are not justified to utilize force especially with the use of deadly weapons.