Law

Question 1. According to the UN Charter, all UN members bear an international obligation to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations (Charter of the United Nations, 1945, Art. 2(4) at httpwww.un.orgendocumentscharterchapter1.shtml). Subject to article 33 of the UN Charter, The parties to any disputewhich is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution bypeaceful means (Charter of the United Nations, Art. 33(1)). Thus, Catonia is in breach of its obligations under the UN Charter. The right of self-defense claimed by General Calfas is stipulated in article 51 of the UN Charter which reads that nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations (Charter of the United Nations, Art. 51). The rule is inapplicable in the case, since Torana never actually attacked Catonia, thus an armed attack as precondition for exercising the right of self-defense is not present in the case.
Question 2. Subject to article 2 of the UN Convention Against Torture No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture (Convention Against Torture, 1984, Art. 2(1) at  HYPERLINK httpwww.hrweb.orglegalcat.html httpwww.hrweb.orglegalcat.html). Thus, references to the state of war or saving lives cannot be considered as justification of torture under international law and Torana is in breach of its obligations under UN Convention Against Torture.
Question 3. By torturing Captain Fourd Torana is in breach of its international obligations not only under the Convention Against Torture, but under other international instruments as well. As a UN-member it violated the rule provided in article 5 of the UN Universal Declaration of Human Rights, namely No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (United Nations Universal Declaration of Human Rights, 1948, Art. 5 at  HYPERLINK httpwww.un.orgendocumentsudhr httpwww.un.orgendocumentsudhr). The rule has been repeated in UN Covenant on Civil and Political Rights (United Nations Covenant on Civil and Political Rights, 1966, Art. 7 at  HYPERLINK httpfletcher.tufts.edumultitextsBH498.txt httpfletcher.tufts.edumultitextsBH498.txt). The universal character of torture prohibition has been reaffirmed by the UN in its Declaration of 1975 which provided that no state shall may permit or tolerate tortureexceptional circumstancesmay not be invoked as justification of torture (United Nations Declaration on the Protection of All Persons from being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment, 1975, Art. 3 at  HYPERLINK httpdaccess-ods.un.orgTMP8482562.89958954.html httpdaccess-ods.un.orgTMP8482562.89958954.html) and Protocol of 2002 (Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, 2002 at  HYPERLINK httpwww2.ohchr.orgenglishlawcat-one.htm httpwww2.ohchr.orgenglishlawcat-one.htm).
Question 4.  Torana violated its international obligations in its actions regarding Aldonian embassy. Under Vienna Convention on Diplomatic Relations, the premises of the mission shall be inviolableThe receiving state is under special obligation to take all appropriate steps to protect the premises of the mission against any intrusion (Vienna Convention on Diplomatic Relations, 1961, Art. 22(1), 22(2) at  HYPERLINK httpuntreaty.un.orgilctextsinstrumentsenglishconventions9_1_1961.pdf httpuntreaty.un.orgilctextsinstrumentsenglishconventions9_1_1961.pdf). Thus, Torana  is in breach of obligation to ensure the inviolability of Aldonian diplomatic mission by the mere fact of installation of electronic listening equipment. As regards rejection of the right of diplomatic asylum by Torana and the related actions, there is not firm international obligation that would prohibit such actions of Torana. There are certain regional rules (like Convention on Diplomatic Asylum Convention on Diplomatic Asylum of 1954), however, there is no universal rule. In the Asylum case the ICJ has found out that asylum could only intervene against action of justice in cases where arbitrary action was substituted for the rule of law (Asylum Case, ICJ, 1950, p. 17 at  HYPERLINK httpwww.icj-cij.orgdocketfiles71851.pdf httpwww.icj-cij.orgdocketfiles71851.pdf). No information is provided concerning breach of immunity of the diplomatic mission or prevention of its normal work, except for prevention of Fourds extradition, thus  no violation of the Vienna Convention on Diplomatic Relations occurred in the case.
Question 5. The Chief of National Police is not correct. The explicit rule of the Vienna Convention on Diplomatic Relations reads that the agents of the receiving state may not enter premises of a diplomatic mission, except with the consent of the head of the mission (Vienna Convention on Diplomatic Relations, 1961, Art. 22(1)). Since no corresponding permission has been granted to Toranan police, they may not enter Aldonian embassy.
Question 6. The attack of the National Palace falls within jurisdiction of the ICC as a war crime. This category of crimes includes intentionally directing attacks against civilian objects, intentionally directing attacks against buildings dedicated to religion, education, art, science (Rome Statute of the International Criminal Court, 1999, Art. 8(b) at  HYPERLINK httpuntreaty.un.orgcodiccstatuteromefra.htm httpuntreaty.un.orgcodiccstatuteromefra.htm). It is known from the facts of the cenario that a commando squad under Captain Fourds command launched grenade and mortar rounds at National Palace. The National Palace is not a military object since no missile installations are placed in it or near it (this is indicated on the map), and there is no other evidence that would prove the use of National Palace for military purposes. More than that, the Palace is currently housing a museum of Toranan historical and cultural treasures. Thus, this action falls under definition of war crime under the ICC statute and is subject to ICC jurisdiction.
Question 7. Milindis claim of innocent passage is legally invalid. Subject to the UNCLOS, the right of innocent passage can be exercised within the limits of states territorial waters (United Nations Convention on the Law of the Sea, 1982, Art. 17 at  HYPERLINK httpwww.un.orgDeptslosconvention_agreementstextsunclosclosindx.htm httpwww.un.orgDeptslosconvention_agreementstextsunclosclosindx.htm). According to article 3 of the UNCLOS, the limits of territorial sea cannot exceed 12 miles measured from coastal baselines. It is known from the facts of the scenario that Milindis warship are operating at a distance of approximately 15 miles from Toranan coasts. Thus, there can be no issue of innocent passage, since Milindis warships never entered Toranan territorial waters.
Question 8. Waters outside of states territorial waters fall under definition of the high seas (Convention on the High Seas, 1958, Art. 1 at  HYPERLINK httpuntreaty.un.orgilctextsinstrumentsenglishconventions8_1_1958_high_seas.pdf httpuntreaty.un.orgilctextsinstrumentsenglishconventions8_1_1958_high_seas.pdf). Subject to article 87 of the UNCLOS ships of all states enjoy freedom of navigation in the high seas (UNCLOS, 1982, Art. 87(1)). However, this right shall be exercised by all States with due regard for the interests of other States in their exercise of the freedom of the high seas (UNCLOS, 1982, Art. 87(2)). This is a firmly established rule of international law first declared in the case of schooners Jessie, Thomas F. Bayard and Pescawha in 1921. The rule of the mentioned case reads as follows it is a fundamental principle of international maritime law thatinterference by a cruiser with a foreign vessel pursuing a lawful avocation in the high seas is unwarranted and illegal (Owners of the Jessie, the Thomas F. Bayard and the Pescawha (Great Britain) v. United States, 1921. RIAA, vol. 6, 1921, Dec. 2, p. 58 at httpuntreaty.un.orgcodriaacasesvol_VI57-60_Jessie.pdf). More than that, under article 88 of the UNCLOS, the high seas is reserved for peaceful purposes. Criss-crossing by Milindis warships prevented cargo vessels of other nations from entering into Taranan territorial waters in the course of their normal voyages. Thus, Milindi is in breach of its obligation not to infringe the interests of other states in the high seas.
Question 9. Specific measures that can be used by the UN Security Council are stipulated in articles 34, 39, 40, 41 and 42 of the UN Charter. The precondition of interference by the Security Council is any disputeis likely to endanger the maintenance of international peace and security (UN Charter, Art. 34). According to article 39 of the UN Charter, the Security Council is entitled to make recommendations to settle the dispute in a peaceful manner. Article 40 of the UN Charter entitles the Security Council to call upon the parties to comply with provisional measures prescribed by it. Subject to article 41 of the UN Charter the Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions. In case the measures taken prove to be inadequate and the disputable situation constitutes a grave threat to international peace and security, the Security Council may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security (UN Charter, Art. 42). In the case the SC has a right to authorize specific measures against Milindi since it proved to be reluctant to settle the dispute via negotiations with Torana. Specific measures can be authorized against Torana in case its further actions would aggravate the situation.
Question 10. Under the international law the United States are directly prohibited to extradite Steven B. The Convention Against Torture stipulates that no State Party shall expel, return (refouler) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture (Convention Against Torture, Art. 3(1). Steven B. has already been subjected to arbitrary arrest and torture in Catonia, thus there are substantial grounds to believe that, in case extradited, he can be subjected to torture once again. Thus, as a party to CAT the USA is obliged to deny extradition of Steven B. to Catonia. In the case the universal conventional norm prevails over the norm of a bilateral treaty.

Question 11. Under the general rule provided in the Foreign Sovereign Immunities Act a foreign state shall be immune from the jurisdiction of the courts of the United States (Foreign Sovereign Immunities Act, 1976, 1604 At  HYPERLINK httpwww.law.cornell.eduuscode28ch97.html httpwww.law.cornell.eduuscode28ch97.html). However,  1605 of the same Act stipulates certain exceptions from the immunity rule, which can be used by Smith to justify his claim. Under  1606 of the Act, As to any claim for relief with respect to which a foreign state is not entitled to immunity under section 1605 or 1607 of this chapter, the foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances. Thus, in case Smith is able to prove that the case falls under the exception, the case, the proceedings can be instituted in a district court.
Question 12. The US District Court is not likely to accept jurisdiction over Smiths claim against Torana. The reason is that in fact Smith lacks grounds to prove that exception rule works in the case. The related exceptions provided in the Foreign Sovereign Immunities Act are cases in which rights in property taken in violation of international law are in issue (Foreign Sovereign Immunities Act, 1976, 1605(3)) and in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state (Foreign Sovereign Immunities Act, 1976, 1605(5)). However, neither of the exceptions can be found in the case. The first exception does not work because Smiths property was only damaged, but not seized. The second exception does not work because the action in question occurred outside of the United States territory.

The Policing and Law enforcement professions have often been regarded as challenging occupations with two extreme ends for instance several boring hours at one point and many other hours coupled with absolute terror. The law enforcement officers undergo a series of training in highly specialized facilities that offer a variety of courses related to law enforcement. The police training may involve but is not limited to physical aptness tests, drug and substance tests, passing written and oral exams, clean history and background certification and many other conditions that can be set by individual police training schools. 
This kind of specialised and advanced training is meant to prepare the officers physically and emotionally for the challenging tasks ahead in their policing career. In policing and law enforcement, multiculturalism and diversity can be looked at in different perspectives when trying to establish the nature of police culture. The primary objective of this essay is to discuss the various aspects of the police service with much emphasis with the nature of the police culture and its relationship with racism, sexism and homophobia.
The individual characteristics and personality of the police officers are usually attributed to various factors that eventually influence the police culture. It may be correctly or incorrectly argued that women, minorities, better trained and better educated officers usually have a tendency of acting differently when compared to their counterparts with less education and training. Such assumptions of the evolving police culture were that female officers could be less violent and less aggressive when compared to their male counterparts, college- trained officers could have the ability to tackle more complex aspects in the policing profession, and increased rates of officer training could most probably result in bringing up law enforcers who are well prepared to handle the challenges of their profession.
The Nature of Police Culture
Most people interested in understanding the nature of the police culture have in many cases appreciated the vital role that culture plays in the daily lives of the police officers. Most classifications of the police culture usually revolve around defining the different elements and features of one major phenomenon among members of the occupation. Such elements are not confined to group loyalty, image portrayed while combating crime, and institutional tension with their seniors among other notable aspects.
The police behaviour and culture can be categorized or grouped into two major categories i.e. The Police Uniform and Dress Code, and finally the academic training and studies that develop the police tradition. Personality and general behaviour of a given law enforcement officer is usually influenced by the various structural establishments within the police force. Culture has got several meanings depending on particular circumstances. 
Some people e.g. in regard to Brooker in his glossary of cultural theory   culture and tradition comprise of artistic and intellectual practices which describe a given social group such as the Police Force as being collectively constituted and not naturally constructed. Traditions also comprises of the shared common beliefs which have a direct impact in influencing a given communitys ideological structures, general mode of living, experiences and attitudes.
The Police Uniform
Many social organizations (namely, religious denominations, schools and so on) all over the world other than the police wear different types and designs of uniforms for different purposes. 
According to Fussel, the major purpose of wearing the uniform is to bring respect to the wearer since it identifies the wearer in question as one who performs relevant and exceptional tasks of a given body, say the law enforcement agencies. Police uniforms all over the world have different designs and each design is meant to bring out the rank, job seniority or command a given police officer has attained in the line of service.
Other designs have varied number of buttons on the uniform, exhibit different modes of fastening the buttons or may have badges and lapel pins each of which has different symbolic meaning depending on individual police force agencies. Police uniforms and other associated dress codes in many countries all over the world can only be worn while in assignment. Any policeman who resigns at will, retires from the force or gets dismissed has to return the uniform back to the service before being released.
Academic studies of the Police Culture
Early studies of the police culture in the U.S. were often limited to the psychological and the sociological perspectives before the recent emergence of the other perspective dealing with the anthropological concepts. Syndromes as used in the general studies of police traditions often refer to the challenges encountered by given officers in an attempt to meet the set ideologies or standards so as to maintain the image of the police force. These syndromes are usually as a result of role strain whereby police officers are expected to play various multidisciplinary roles in law, criminology, medical, athlete roles and public service. The syndromes may to some extent come about when a given officer fails to fully satisfy the dynamic job requirement.
Common examples of such syndromes include the Parker syndrome which is in essence an anti  community attitude and the Ganzer syndrome which is a kind of weakness that makes most officers to apply humour in order to ward off terror, the Wyatt Earp syndrome, the John Wayne syndrome characterized by coldness and over seriousness while on duty, the Doc Holiday syndrome usually common to the quick tempered and always bitter police officers, and the Custer syndrome composed of officers who enjoy defending the law enforcement service at all costs.
Academic studies of the police cultures and tradition have also established that the overall career life cycle of an American police officer is composed of five phases. The first phase is the Rookie stage which occurs during the first two years of service, followed by the TV cop stage occurring during the third and fourth years of the police career and the cynicism phase occurring anywhere between the fifth and the tenth year of service. Realism is the fourth stage occurring after ten years of service but before fifteen years. The last and final stage of the police career life i.e. the Retirement phase usually occurs when an officer has completed an average of eighteen years in the police service.
a.    Anthropological Concepts
Studies based on these concepts often revolve around the worldview, the ethos, the theme and the postulate. Ethos in this case is an inspiration in the police force that often reveals the traditional value system of the police force.
The ethos inspire the daily work of the police officers and the most common elements in the ethos of a given police culture include but are not confined to, secrecy, bravery, solidarity, and autonomy.  The worldview deals with the cognitive inclination regarding how police officers consider themselves with reference to ordinary civilians. The theme concept is the initiation of a belief structure that regulates the nature of social interactions that the police officers have within and outside their normal culture.
b.    Sociological Concepts
This study is usually based on the social aspects of the police culture. The sociological concepts should not in any way be associated with the cultural and traditional features of isolation, brotherhood and solidarity whereby an attack on a given member of the police force is regarded as an attack on the entire force, and finally the capacity to identify possible dangers and associated assailants.
It can however be argued in the study using the sociological concepts that most police officers experience high stress levels which may in turn lead to substance and drug abuse, divorce cases and in the worst cases suicide. In the academic studies of police culture, it can also be said that cynicism is often at its highest level in the middle phase of most police careers. Cynicism usually comes up in three possible stages namely, over idealism, disenchantment, and frustration and can be in form of any of the several varieties ranging from tragic to extreme.
c.    Psychological Concepts
 Several psychological studies have in the past put more emphasis on the pre-dispositional or self- selection models which make it possible for the police force to attract applicants with the desired personalities. In this approach of the study, authoritarianism in the police force is regarded as a personality trait made up of a set of beliefs and attitudes associated with components such as aggressiveness, conventionalism, submissiveness, destructiveness, sexual exaggeration, projection and ambition, and finally being superstitious and unreflective. In psychological approach, any forms of suspicion are regarded as healthy and cynicism is taken as unhealthy.
d.    Typologies
The topic of typologies can also be used as an alternative method of studying police traditions and cultures. Common typologies include the Brodericks typology which is composed of Idealists i.e. college educated officers committed to social order, the Enforcers( only in the career to make ends meet), Optimists who are often people oriented with aspirations to join the management team, Realists who take policing to be a job just like any other. The other typology is the Whites Typology composed of officers with problem solution skills, results orientation, crime fighters and strict rule appliers.
The Coates typology is made up of police officers, who always give community based services the first priority in their careers, task oriented cops who often ensure that given rules and regulations cover almost everything. The Muirs Typology is made up various categories of officers including those who have the tendency of avoid their duties at any slightest opportunity, the professionals who do appropriate integration of sympathy and coercion, enforcers who exhibit both coerciveness and cynicism and finally the reciprocators who are often extremely sympathetic with difficulties in decision making.
In conclusion, a given law enforcement officer should be flexible enough to adjust and adapt to life in all the four police worlds i.e. the defensive world, the paperwork station based world, the social corporate world and finally the quick responsestreet world.
Racism and Police Culture
In law enforcement and policing, the phrase racial profiling is often used to describe and illustrate an individuals ethnicity or race as a major factor that influences a cops decision for instance expressing logical reason to question, arrest or stop an individual. These acts of discretion based on race and ethnicity by most law enforcement officers amount to the direct violation and infringement of an individuals civil rights. For the benefit of the police service and its public image, any officer suspected of promoting racism within or outside the police service should be reported to higher authorities. Before forwarding such cases, the officer concerned should always take adequate preventive measures to minimize chances of victimization for his actions.
In an attempt to fight racism in the U.K police force, a commission of inquiry on racial equality was established to suggest and recommend all necessary reforms that could be adopted to end the persistent tradition of racism within the law enforcement service. The commission of inquiry into the issue recommended that a different and independent body, other than the police service should be formed with an aim of investigating such claims in order to gain public confidence.
In the world today, racism in law enforcement and policing may take several forms. The most common examples include, but are not confined to, the deployment trends and patterns, evaluation of the arrest statistics, recruitments, reported incidences of police brutality and frequent encounters with violence by the targeted minority race(s).
The table below shows the 5 year projection on changing demographic trends and efforts to balance the racial composition of the American police service from the year 2006.
Source Crank, J. (2004) Police Culture in a Changing Multicultural Environment, pp 68 in Q. Thurman  A
Race20062007200820092010White9085807260Black810121418Hispanic1351012Female113410
In the early 1990s, Black American officers were the dominant group in Washington D.C., Detroit and Atlanta whereas in Miami, the majority group was the Hispanics. Most people who were advocating for police reforms in terms of racial composition had arguments that police officers from minority races could quite easily establish good working rapport with the minority groups and could quite easily favour them when they are caught up breaking the law.
 Deployment and Recruitment patterns
Most senior officers in charge of transfers have got the tendency of transferring their juniors to regions and neighbourhoods where their races are dominant. To some extent, residents of such neighbourhoods often openly admit that their regions are overstaffed by officers of a given race. In even worst case scenarios, pro-racism senior police officers often transfer their juniors belonging to particular races to regions characterised by high rates of racist and xenophobic attacks. This is normally aimed at settling racial scores and sabotaging the work of affected junior officers.
Racism also takes centre stage during recruitments, selection and hiring of law enforcement officers. Applicants from a given race may have some added advantage since some rules such as education level, crime history, heights and health conditions often favours some races during such recruitment drives
Arrest Statistics
Racism in the police force can also be established by studying the arrest statistics. In the U.S. alone, statistics indicate that white males only have an overall lifetime arrest probability of 15 percent compared to black males who have a greater probability of 52 percent. This fact is attributed to the fact that blacks only make a total of 12.5 percent of all sworn in law enforcement officers in the U.S. the remaining percentage is comprised of whites and other related races.
About 65 percent of those shot dead by police officers in the U.S. are black and may imply some forms of racism in the murders. This point is however debatable since some regions in the U.S., usually referred to as ghettos or slums are associated with high crime rates due to many factors such as unemployment. The number of those killed in such regions should therefore not be used as a measure of racism.
Incidences of Police Brutality and Violent Encounters
Another act that can be regarded as an act of racism in the U.S. police force is the reported incidences of police brutality. According to most black officers who have been reported for such off duty incidences, and increased public complaints, all these allegations are based on the colour of their skin which is in reality a case of racism.
Most encounters associated with violence are usually left for black officers (approximately 23 percent) compared to their white counters who only encounter 11 percent of such incidences. These forms of prejudice and unfairness can only be attributed to racism since the number of black officers is much less than that of the white enforcers and yet ironically more black officers deal with risky and life- threatening exposures. It can also be argued that the U.S and British law enforcement officers usually deployed or taken for peace keeping missions in Iraq, Afghanistan, Somalia and other countries with extreme cases of violence and civil strife are often black and Hispanic officers.
The most notorious incidences of racism and police brutality in the U.S. have been reported in the State of Ohio. As an example, one lady was allegedly arrested, beaten up and tortured for several hours in February, 2008 after she had tried to find police help.
Another young mother was also brutally murdered when holding her infant kid. The mother and her baby were allegedly used as targets during shooting exercises by the racist SWAT squad. All these incidences occurring in a span of two weeks were attributed partly to racism.
In many cases, officers who end up exposing any acts of racism within a given police service unit end up being directly victimised and isolated by their colleagues belonging to the other race. Victimization may take various forms not limited to unjustified transfers, demotions, murders, framing of affected officers to various crimes and in the worst case, murders and arranged attacks. Victims of racist attacks within the police service often avoid taking legal actions since by filing civil suits against their racist bosses they end up being penalized by being assigned less attractive tasks and poor work recommendations and ratings.
Sexism and the Police Culture
Sexism is the attitude or mindset that a given sex or gender is less competent, less valuable or inferior to the other gender. Sexism may also refer to the general prejudice towards sex as a whole through either female or male chauvinism. Generally the police culture is more unambiguous regarding its perception of women. This is what portrays the force as being one of the most sexist groups in internationally. According to recorded statistics, the Navy is the most sexist global organization with an average reporting rate of 91 percent followed by law enforcement and policing agencies with an average reporting rate of 68 percent.
According to reports in the Journal of Employee Rights and Responsibilities in November, 2009, research conducted in Netherlands to evaluate the possible outcomes of the sexism policy in the Netherlands Police Service Unit between the years 2000  2006 clearly showed that cases of sexual harassment involving both the female and male officers within the service were rising at an alarming rate. The research findings also reported increased sexism cases in the police service stations that were male dominated.
In most cases, the attitudes of individual officers towards their departments, roles and obligations are not normally affected by their gender. However, it may be argued that unlike males, female officers usually embrace community policing programs and initiatives with a more open heart.
Sexual harassment
In general terms, sexual harassment is described as any form of undesirable actions or advances that create a daunting, offensive or hostile working environment. From this definition, it can be deduced that there exists two forms of sexual harassment namely the quid pro quo which is an open and certainly offensive sexual advance whereby the perpetrators of such acts, usually senior police officers, demand sex as a payback for certain favours such as promotions to their juniors. The other form in which sexual harassment can take shape is more commonly portrayed in working environments and several other places other than the police force.
To clearly demonstrate unfriendly work atmospheres, the aggrieved party must always be in provide evidence related to the allegations of the sexual harassment and directly indicate how the offence inhibited or interfered with her health, emotions and normal working. If it is confirmed, then an appropriate penalty should be issued to the guilty perpetrator. Despite the ever increasing numbers of policewomen who experience such antagonistic acts, only 12 percent report their cases. About 3 opt to solve such matters through informal channels. In most cases however, half of the affected women usually ignore the case, a quarter of them seek medical advice, 16 resign from duty and the remaining 12 abscond work..
Effects of Sexism within the Police force
The nature of the effect of sexual harassment on a given victim or the social organization is in most cases dependent on an individuals response mechanism. Possible effects of sexual harassment within or outside the police force include isolation, stress and depression, physical injuries and illness, emotional distress and contracting of sexually transmitted diseases. In some cases, it may inhibit a given officers capacity to perform her duties due to the embarrassment brought about by the activity to the victim, the perpetrator and her colleagues.
In most cases, women feel confined to either one of the possible four possible roles that policemen allow them to play. Some of the roles include the sex toy role, the sympathetic mother role, the kid sister role and the butch role which is more of a mans role. According to Kanters studies and theories of tokenism, sexual harassment in a given police station is usually more physical if the female officers in the station are less than 15 percent. More cases of psychological forms of sexual harassment usually occur if the number of police women in a given station is more than 15 percent.
Dealing with Sexual Harassment in the Police Service
This prohibited activity can be minimized through adopting several preventive strategies by the vulnerable group of officers. To scare away potential perpetrators of this scourge, all affected officers should always try to act with authority and professionalism, should avoid disclosing extreme details of their social or private lives, minimize chances of being in compromised positions with the suspected perpetrators, always avoid accepting or demanding for personal favours for this may be used as a trap and finally, the officers should always keep any conversations to work related subjects and resist any attempts to divert subjects during conversations.
Any police officer who gets sexually harassed in one way or another should always initiate actions that can minimize the activity for instance through documentation, reporting and issuing warning notifications to the perpetrators. This should first be done in friendly and professional ways especially in cases where the victim has to continue working with such a colleague.
In situations where diplomatic means fail to stop sexism and associated harassments in the police working environments, legal remedies may be pursued through human rights organs, labour courts and trade unions, applying criminal suits e.g. for rape cases, and instituting civil suits and actions which often take long durations to reach conclusions.
The management team of any police service unit should always be informed of any sexism and associated harassment that takes shape within their units. Failure to justly deal with the prevalent cases on the part of such employers may result in serious legal actions. The most common and effective preventive measures that may be adopted by law enforcement agencies are not limited to, organizing sensitization seminars and forums for senior managers on the subject, creating employee awareness about it and possible consequences if implicated, investigating reported cases and subsequently disciplining such offenders, and finally offering medical treatment and psychological counselling to the police officers who fall victim of such cases.
Homophobia and Police Culture
Homophobia may be described as the open discrimination against individuals perceived as homosexuals. In general terms it may be described as an aversion to and irrational fear of homosexuality and to gay, lesbian, transgender and bisexual people usually based on acts of intolerance and prejudice. Homophobia usually manifests itself in various forms namely social homophobia, internalized homophobia, rationalized homophobia and finally the emotional homophobia. Homophobia in the police culture falls under social homophobia manifestation.
Cases of homophobia are prevalent in the law enforcement and police service. This has left thousands of women and men feeling discriminated against and excluded according to several surveys. The question of whether the British law enforcement officers still have a trouble with the homosexual community has many answers. Hari Johann explains that, several forms of evidence linking outright bigotry from state agents, particularly the police service are emerging with every passing day.
A survey conducted by the Lesbian Gay Bisexual Transgender Advisory Group in 2007 clearly shows that the manner in which the British police handle cases related to homophobic murders is in itself suspicious, and clearly shows increased forms of institutionalised homophobia in the British police service. The British Gay Police Association indicates that most law enforcement officers avoid investigating homophobic attacks resulting from religious causes.
A survey conducted on 200 homosexuals by GALOP (the gay London police monitoring unit) in 1998 on the victims aged 15  26 established that 80 percent of the victims had at one point been issued by homophobic threats and 48 percent of them had already been attacked. Only a third of the 19 percent victims who reported the cases got massive support from the police service.
Over the years, the general policing of the homosexual gay  lesbian community have continued to undergo improvements all over the world. These improvements are pegged on the individual discipline of the police officers since most countries have not yet adopted or embraced policies that sound friendly to members of this community. Most law enforcement agencies in the worlds major cities often isolate such publicly known gay communities during their recruitment drives to minimize chances of hiring such people in the police force.
Fighting  Combating Homophobia
Several internationally renowned human rights bodies e.g. Amnesty International and the Human Rights Watch dog have always publicly condemned and distanced themselves from  any legislations that criminalise voluntary gay unions between adults of sound mind. The United Nations Human Rights Committee declared in 1994 that laws against homosexuality were against the victims rights to privacy provided for by the International Covenant on Political and Civil Rights. According to statements issued to the UN General Assembly, some religious denominations particularly the Roman Catholic Church in 2008 relaxed its position on homosexuality and urged nations to scrap harsh penalties issued against homosexual people
In most cases, the gays, lesbians, transgender and bisexual communities often use political activism and organise lesbian  gay pride parades. In Latin America, mass media anti  homophobia campaigns have been embraced since 2002 as a tool of combating homophobia. To add on the public opinion, several laws and legislations have been formulated in many countries to illegalise homophobia. Early this year, a research conducted by the Stockholm University College, Sweden established that out of 85 countries in the world that consider lesbianism and homosexuality as illegal affairs, 6, particularly the Islamic nations issue a death penalty for any activities associated with homophobia. Such Islam countries include Iran, Sudan, Yemen, Saudi Arabia and Mauritania and some states and provinces of Nigeria and Somalia.
In the 1990s, the British police force stepped up its fight against homosexuals. The police officers used powerful binoculars and hidden cameras installed in toilets and casinos so as to monitor such activities. Some could use ingenious methods by camouflaging as gayslesbians and then convicting and arresting responding culprits.
The ever increasing cases of homophobia in India and some nations of South Asia may have the direct benefit of uniting religious and political lobby groups and moral police. A recent judgement by the high court in Delhi (as quoted in the July 02, Herald Newspaper), legalizing gay unions was victorious to human rights activists, but disastrous to conservative bodies and other religious forces that do all in their disposal to condemn the prevalent acts of homosexuality and any attempts to legalise the activity in India. Religious conservatives openly have the fears that legalising such activities may result in sexual anarchy within the society and erosion of the Indian traditions by western forces.
In the year 2006, Britains Labour government formulated legislations and laws that criminalised any forms of prejudice and discrimination of gay and lesbian people at their work places. This government move was however questionable in the eyes of gay law enforcement officers since the government at the same time had passed laws that guaranteed religious rights and freedoms. Since the British enjoy their constitutionally approved religious rights, religious homophobes take this opportunity to fight and combat same sex unions and activities.
In different parts of Britain, several strategies and measures have been put in place to monitor and fight homophobia and related violence cases within and outside the police service. Common example of such strategies is the assignment of a transformed gay police officer to investigate and deal with any reported cases of homophobic crimes, creation of a special police line to report the anti-lesbian attacks.
Homophobia may also be dealt with appropriately by the police service when they place notices and posters and adverts in the media, casinos, public libraries and colleges illegalizing and criminalizing homophobic attacks and providing police hotline details on such adverts. The police may also fight this habit by organizing regular open forums between them, the gay community and the general public with an aim of reaching an optimal solution agreeable to both parties. Since most law enforcement agencies including the police have several resources at their disposal, these readily available resources may be widely used in organizing massive operations in combating gay unions and conducting conclusive investigations on reported an unrecorded cases of homophobic attacks.

The World Trade Organization (WTO) is an international organisation that has been designed by its founders to serve as a supervisory body as well as to liberalise international capital trade. Commenced officially on January 1, 1995 under the Marrakesh Agreement mainly to replace the General Agreement on Tariffs and Trade (GATT) of 1947, the WTO deals with the regularization of trade between and among participating countries by providing a framework for negotiations and formalization of trade agreements as well as for the resolution of disputes all aimed at enforcing the participants adherence to WTO agreements as concurred and agreed upon by representatives of member states.
    The number of member states of the WTO has already reached 153 which represent more than ninety-five per cent of the total world trade with about thirty states on observers status and are also seeking membership into the organization. Operationally, the WTO is governed by a ministerial conference that meets every two years a general council which implements the policy decisions of the conference as well as administers the day-to-day affairs and a director-general who is appointed by the ministerial conference, and with a headquarter at the Centre William Rappard, Geneva, Switzerland.
    Currently, the WTO is focusing its efforts on resolving important issues derived from the previous trade negotiations, particularly from the Uruguay Round from 1986 to 1994, as well as endeavouring to proceed and conclude the trade negotiation called Doha Development Agenda (or Doha Round) which was launched in 2001 with the goal of enhancing the equitable participation of poorer countries representing majority of the worlds population. There are, however, pending issues and concerns which have slowed down WTOs processes, such as the conclusion of the Doha Round, for instance, which has been plagued by disagreements between exporters of agricultural bulk commodities and countries with large numbers of subsistence farmers pertaining to the precise terms of a so-called special safeguard measure which would ensure the protection of farmers from the foreseen surges in imports.Furthermore, issues and concerns regarding the environmental impacts of the free trade as espoused by the WTOs policies and declarations particularly by the Doha Round have been the strongest reasons for various moves and activism against many of WTOs proposals. One of the lingering questions thrown to the WTO as a whole has been that of Mitsuo Matsushita, a Professor of Law at Seikei University in Tokyo, Japan and who also is a former member of the WTO Appellate Body, who asks how the WTO reconciles free trade and sustainable development.
This paper tackles Prof. Matsushitas question by presenting the WTOs efforts at balancing its acts, wherein it promotes and supports free trade on the one hand, and ensures that sustainable development concerns are addressed on the other hand. By taking a close look at the various policies and agreements, as well as the principles and ethics espoused by the WTO, it is the intent of this paper to find out how both concerns, which are equally important, are addressed or not, as well as whether WTOs policies, declarations, principles and ethics are consistent with its actions and initiatives, so far.
Discussion
The WTO principles, policies and rules for free trade
    The world Trade Organisation (WTO) is the legal and institutional foundation of the worlds multilateral system of trading which provides principal contractual obligations that determine how the member states frame and implement their domestic trade legislations and regulations, anchoring primarily on WTO as the platform on which trade relations between and among countries evolve through a collective debate, negotiation and adjudication.
    As an international body looking at the interests of its member states as well as of the other states in its main goal of promoting open and free trade, the WTO follows its own Principles of the Trading System. With twenty-nine individual legal texts contained in the WTO agreement, which covers almost everything from agriculture to textiles and clothing, as well as from services to government procurement, including rules of origin and intellectual property. Added to all these are more than twenty-five Ministerial declarations, decisions and understandings spelling out further the obligations and commitments for the WTO members.
    The following are the simple and fundamental principles that run through all of the abovementioned instruments of WTO which, together, make up the whole multilateral trading system
1. Trade without discrimination. The key provisions of the General Agreement on Tariffs and Trades (GATT), which is the precursor of the WTO, has, for the last fifty years, outlawed the discrimination among member states and between imported and domestically-produced merchandises. According to the famous most-favoured-nation (MFN) clause, found in Article 1, member states are bound to grant to the products of other member states no less favourable that what is accorded to the products of any other states or countries, making it all a level playing field by ensuring that no country or state is to give special trading advantages to another or to discriminate against any state so that all are able to share the benefits of any moves towards lower trade barriers.However, there are also a number of exceptions to the Article 1, which cover customs unions and free trade areas but which the most-favoured-nations treatment generally ensures that those developing countries and all the others which have little economic leverage are also able to benefit freely from the best trading conditions wherever and whenever they are negotiated.     Another form of non-discrimination, which is known as the national treatment, requires that once the goods have entered the market, they must automatically be treated no less favourably than the equivalent domestically-produced goods or products, which in effect provides equal and fair market treatments for the imported as well as for the local or domestic products.    
    There are several other WTO agreements aside from the revised GATT of 1994, or more popularly known as GATT 1994, that contain important provisions pertaining to MFN and national treatment which are the non-discrimination provisions. For instance, the Trade-Related Aspects of Intellectual Property (TRIPS), with some exceptions, contains MFN and national treatment requirements relating to the provision of intellectual property as protected by WTO members. Likewise the General Agreement on Trade in Services (GATS) requires the members to offer MFN treatment to services and service suppliers of other members. However, there are permissions listed about exemptions to the MFN obligation covering specific measures for which the WTO members are not able to offer such treatment initially wherein such exemptions are taken, they need renewal after five years and must not be maintained for more than ten years.
   
    On the other hand, the national treatment is only an obligation under the GATS wherein members explicitly undertake to accord it for particular services or service activities, which only means that the national treatment is often the result of negotiations among members. Of course, there still are other WTO agreements with non-discrimination provisions that are worth mentioning. These include those about rules of origin pre-shipment inspection trade-related investment measures and those about the application of sanitary and phytosanitary measures.
2. Predictable and growing access to markets. The multilateral trading system is an attempt by the governments to provide the investors, employers, employees as well as the consumers with a business environment that greatly encourages trade, investment, and job creation, alongside choice and lower prices in the market place, and such an environment needs some stability and predictability, especially to encourage businesses to invest and thrive.    
The predictability and security of market access is largely ensured by the use of tariffs or customs duties, which are legal in the WTO and which are commonly used by governments to protect their own domestic industries as well as to raise their much-needed revenues, and are unlike quotas which are generally illegal. These measures are, however, subject to disciplines so that they are not discriminatory among imports, as well as they are increasingly becoming bound. Being bound simply means that a tariff level for a particular product becomes a commitment by a WTO member and therefore cannot be increased without negotiations for compensations with its main trading partners, as provided for in Article XXVIII of GATT 1994. It is also why it is frequently the case that the extension of a customs union can lead to higher rates of tariffs in some areas for which the negotiations for compensation are necessary.   

After the 1948 establishment of GATT, the average tariff levels fell progressively and dramatically through a series of about seven trade rounds, and the Uruguay Round was an added success to the whole campaign, consequently cutting tariffs substantially, which at times even to zero, alongside raising the overall level of bound tariffs in significant amounts. As well, the commitments on market access through the reduction of tariffs made by more than 120 countries in the Uruguay Round are contained in about 22,500 pages of national tariff schedules.
    The overall tariff imposition on all non-tariff import restrictions for agricultural products provided a substantial increase in the market predictability level for agricultural products, wherein more than thirty percent of agricultural produce had been subject to quotas or import restrictions implying that virtually all such measures have currently been converted to tariffs which, while initially providing substantially the same level of protection as by the previous non-tariff measures, are being reduced during the six years of implementation of the Uruguay Round agricultural agreement. Further, it is believed and projected that the market access commitments on agriculture will eventually eliminate previous import bans on certain products.
    Although tariffs at the border do not exist for trade in services, there is no less an apparent need for more predictable conditions which can be met by governments undertaking an initial set of commitments covering national regulations that affect various service activities. Such commitments are, similar to those for tariffs, contained in binding national schedules and shall be extended for further rounds of services negotiations. There are a number of other WTO agreements seeking to ensure that the conditions of investment and trade are more predictable by making it reasonably difficult for member states to change the rules of the game at their own whim, and, in almost every policy area impinging on trading conditions, the scope of members to pursue their capricious, discriminatory policies is constrained by the WTO commitments 
Many other WTO agreements seek to ensure conditions of investment and trade are more predictable by making it very difficult for member governments to change the rules of the game at whim. In almost every policy area which impinges on trading conditions, the scope of members to pursue capricious, discriminatory and protectionist policies is constrained by WTO commitments. Perhaps the WTO member states have all agreed that the key to predictable trading conditions is often the transparency of domestic laws, regulations and practices, so that many WTO agreements contain transparency provisions requiring full disclosure at the national in any form, or at the multilateral level strictly through formal notifications to the WTO. A huge amount of the work of the WTO bodies is mainly regarding the review of such notifications, for instance, the regular monitoring of national trade policies through the Trade Policy Review Mechanism has provided a further means of encouraging transparency at both domestic and at the multilateral levels.
3. Promoting fair competition. The WTO, which is often described as a free trade institution, reiterates that it is more appropriate to call it as a system of rules that are dedicated to open, fair and undistorted competition wherein its rules on non-discrimination are so designed to ensure that only fair conditions of trade prevail and that the rules on dumping and subsidies are also non-discriminatory and fair. The existing GATT rules which provided the basis on which the governments can impose compensating duties on these two forms of unfair competition, have been extended and clarified in WTO agreements.
    A very concrete example of the WTO ensuring fair competition is its agreement on agriculture, which is designed in order to provide fairness in farm trade. Another example is that on intellectual property which ensures that the conditions of competition improve where ideas and inventions are involved and likewise, the GATS will do the same for the trade in services sector. Further, the so-called plurilateral agreement on government procurement ensures the extension of competition rules to purchases by the thousands of government entities in various countries. In other words, there are a number of other examples of WTO provisions which are designed to promote fair and undistorted competition.
4. Encouraging development and economic reform. Development and economic reform are the main concerns of WTO among its member states which are mostly still developing. In fact, there are over three-quarters of the WTO member states that are still developing or are in the process of economic reform from non-market systems.
    In the Uruguay Round, which was between 1986 and 1993, more than sixty of the less developed and developing countries implemented their own trade liberalisation programmes some as part of their accession negotiations to GATT, and others acted on their own capacities. Also, during the same time, the developing countries and transition economies took a much more active and more influential role in the Uruguay Round negotiations more than in any previous round.

    Effectively enough, such trend somehow stopped the notion that the trading system existed only for the industrialised, as well as significantly changed the previous emphasis on exempting the developing countries from certain GATT provisions and agreements, especially that, at the Uruguay Round, the developing countries were able to show themselves prepared to take on most of the obligations and responsibilities that are required of developed countries. However, given the elements and all the other factors necessary for developing countries to fully fulfill their commitments, they were given transition periods to also adjust to the more unfamiliar and difficult WTO provisions. Special emphasis on the transition period was given to the poorest and least-developed countries that were given extra flexibility by a Ministerial decision.
Because of the support as well as the recognition by the WTO of the less developed and least developed nations, gave value, therefore, to the pursuit of development as far as is reasonable with the recognition of  the WTO principles. Also, it was apparent through those provisions that WTO gives value to the pursuit of open-market oriented policies anchored on WTO principles.  
However, it is not to be assumed that the provisions of GATT favouring the developing countries have been scrapped, for they have not been, and in fact are still in place in the WTO. In fact, three articles contained in Part IV of GATT 1994, as introduced in 1965, encourages industrial countries to assist the developing nation members, calling on the industrial nations to do so as a matter of purposeful effort.
The WTO challenges
Given the principles that the WTO stands for, and the rules and policies that concretise these principles, it is but logical to find out what the institution faces as challenges to its fulfillment of its role as an international trade system facilitating fair and free trade among nations. The following have been identified as the major challenges faced by the WTO today
1. Lost Credibility. WTO has apparently damaged its reputation and credibility from some past unpopular decisions that it took, which the public as a whole did not believe in, and therefore the WTO is not really well-received by many nowadays.
Because of this, WTO is poised to oversell itself to repair the damage, and is bent on ensuring outcomes that would provide significant market access for the member countries as well as push for the stalled negotiations to resume with much careful steps and precautions to avoid tripping over sticky issues along the way.
2. Preferential Trade Agreement. The preferential trade agreement (PTA) as provided is against the most favoured nation and the non-discriminatory principles that the WTO professes to stand for, and is therefore a detriment to the institution to implement or adopt it. Further, the PTAs exclude poor nations like Africa, as well, the PTAs only creates more complications within the already complicated maze of policies and regulations in WTO.
WTO and sustainable development
    Trade, according to WTO, is a powerful ally of sustainable development and as such, the concern on promoting sustainable development has always been recognised by WTO since its founding in 1995 and has always been part of all its negotiations as well.
    This has been elaborated by saying that, it is in fact the potential impact of the economic growth and poverty alleviation that has made trade or the international trading system which is the WTO a powerful ally to sustainable development, and it is the trading system that becomes s tool to carry such alliance forward.
    To provide particular insights and ways as to how the WTO can ensure that it is indeed an ally of sustainable environment movements and advocates and not an adversary as it has been popularly depicted to be, the WTO provides the following insights and reasons. The very purpose that trade liberalisation embodies and one of the key principles of WTO which is non-discrimination is a very efficient way of resource allocation, which WTO believes is good for the environment.
    In the 1992 United Nations Conference on Environment and Development (UNCED, the Earth Summit) in Rio, it was recognised that the multilateral trading system is greatly contributing to the advancement of sustainable environment. WTO, in various documents and reports, have emphasised that the concerns on sustainable environment have been interwoven in all its principles and policies, because these principles primarily do not in any way contradict the workings for sustainable development. To look at the concrete examples of the effects of trade liberalization to the environment or to sustainable development agenda as a whole, it is important to take a look at less developed or developing countries, like those in Latin America, where recent studies have shown that there are clear trends to indicate the growing link between the socio-environmental sphere as well as both the unilateral trade policies of these countries and their policies and standards applicable to the goods market. Such phenomenon can be observed not only in relation to the environmental and labour agendas, but also, in recent times, in the agenda for climate change.
    In the various trade forums that have been held, the Latin American countries have historically adopted a defensive stance regarding to topics related primarily to sustainable development, particularly in terms of the ties between trade and environmental as well as labour issues. Countries from the region, generally speaking, see protectionist intentions hidden behind the efforts of linking these topics to trade negotiations, but recent changes in the situation of the said countries in recent years have seen that on one hand, several countries in the region have accepted the inclusion of chapters exclusively dedicated to environmental and labour topics in the free-trade agreements (FTAs) which they signed with the US and Canada, with the demands as defined by such agreements increasing gradually. The countries covered in this work are Argentina, Brazil, Chile and Peru, which have consequently experienced in various levels and intensities, the liberalisation of their trade and investment regimes over the past decades, with such processes in Argentina beginning in as early as the 1970s, and gaining ground in both cases in the 1990s.
    The economic integration, along with the intensities and levels of the liberal reforms, have been varied among the four countries 1. Chile combined its growing unilateral trade liberalization with the negotiations on free trade and agreements on investment with its major trading partners 2. Peru refused to participate in the preferential agreements, except its participation in the Andean Community, while it was experiencing unilateral trade liberalization and reform of the international investment regime of the 1990s, and it was only recently that the country began its negotiations for preferential free trade agreements with the developed and developing nations to further the implementation of the liberalization that was initiated unilaterally in the 1990s. Similar to Chiles situation, Perus negotiation with developed nations pertaining to free trade agreements needed Peru to address the links between trade and the environment and work standards 3. Brazil and Argentina both implemented the unilateral trade openings at the beginning of the 1990s, and after which period became the main partners on a sub-regional integration project, which was named MERCORSUR, but were not able to sign any preferential agreements or anything related to it, with countries that do not belong to the block. While Argentina did sign a number of bilateral investment protection agreements, Brazil did not ratify about fifteen of the agreements that it did sign. It turned out in the end that the sustainable development aspect was not included in the trade agenda of both countries, and was therefore addressed only on a marginal level within the sphere of MERCOSUR.
    Likewise, as a result of WTOs push for sustainable development agenda among its member nations, the attention to non-trade concerns have been growing, particularly in the Northern countries, which implies the incorporation of increasingly demanding obligations for countries within the region regarding topics associated with environmental management and social labour rights within the free trade agreements that are to be negotiated. The analysis of the experiences of the two countries previously mentioned, Peru and Chile, with previously signed agreements and the evaluation of the eventual introduction of those topics into the WTOs thematic agenda, could clearly be considered as a representation for the countries of the said region and can also be a relevant field of studies for the entire region.

Furthermore, the increasingly rigorous obligations by the developed countries for the reduction of greenhouse gas emissions may well lead to the transfer of more carbon-intensive
industries and sectors to the countries of the region. Likewise, the growing investments in the
sectors that are environmentally-sensitive can foster the debate on the convenience and feasibility of the introduction of filters for the entry of these investments as well as their compatibility with the obligations as established in the trade and investment agreements.

The city of White Plains is replete with pubs, bars and ritzy social clubs.  People of all classes can be found drinking various hard beverages from dirty gin martinis to Colt 45.  As a result, the number of people drinking and driving has risen. This is especially so during the holiday season.  Accordingly, the City of White Plains Police Department has decided to enact the following operational plan.  From Thanksgiving Eve to December 24th, increased patrols will cover the interior and perimeter of White Plains. This season is known as the highest drinking season thus two undercover detectives will be assigned to establishments known to be college bars in the area.  Their assignments will last from 10 p.m. until 4 a.m.  The Bronx River Parkway will be manned with officers at every two exits. A crash DWI course will be mandated for all officers to watch for the following
turning with a wide radius or
 straddling the center or lane markers
eye fixation,
tightly gripping the steering wheel,
slouching, in the seat,
gesturing erratically or obscenely,
having the drivers face close to the windshield,
drinking in the vehicle, or
the drivers head protruding from the vehicle

Each of these signs will serve as probable cause for a pull over.  Additionally,
check points will be established at each entrance and exit to the city. The estimated cost for this crackdown is estimated to be 1,025,000.  Said funds will be halved between the office of the Westchester County Executive and the City of White Plains.  The city has funds set aside from the Michael Frey grant which was established in memory of Michael Frey who was killed while on duty by a drunk driver. 

The process whereby physical proof at a scene where crime has been committed, inductive and deductive knowledge of the events surrounding the crime is applied to find the truth about the crime is referred to as crime scene investigation. It is a rigorous task involving a well planned search of the crime scene, proper observation and documentation of the scene, taking pictures and making sketches of the scene, collection of material evidence such as fingernails, blood, hair, and also fingerprints. Hinneburg (Para, 2), notes that the only place that holds an answer to the events surrounding a committed crime is the crime scene. This gives the reason why crime scene investigation is a very important task in the process of searching for the perpetrators of a crime.

The most important part of a crime scene investigation is the careful reasoning of the details obtained from the scene. The procedures conducted at the surrounding area during a crime scene investigation are very restricted to minimize the chances of contaminating possible evidence. It is usually sealed with a yellow tape with the words crime scene written on it.  Professionalism of the highest order is applied in the process of investigation. All materials that may be useful are handled with care to avoid contamination. According to Hinneburg (Para, 6), thorough investigation is done even to areas that a common man would just overlook such as the mouth piece of a mobile phone or even the door knob. Everything that has been collected at the crime scene is protected and later taken to forensic lab for thorough investigation. Each and every collected detail of evidence goes through a series of tests that are aimed to leading the investigators closer to obtaining the solution of the crime.

Crime scene investigation procedure
The process of a crime scene investigation starts immediately after the CSI unit receives a call from the detectives on the scene. The initial responding officer promptly but with a lot of caution enters a crime scene and makes strict observation of any person, vehicle or any event around the scene that might pose as potential evidence. The officer should treat the incidence as crime and remain attentive and alert assuming the crime is ongoing until determined otherwise (Julia, para, 2). The responding officer secures the scene to control any further dangerous situation from occurring so as to ensure hisher safety and that of others present. Medical attention is also provided to the injured person by the responding officer and the officer calls for help incase the situation is out of hand. The initial responding officer makes sure that the scene remains strictly secure to minimize disturbance of physical evidence (Julia, Para7).

Scene assessment
On arrival at the scene, the CSI agent makes sure that the scene is secure. The agent even secures a wider area because it is very easy to decrease the area rather than to increase it as a result of onlookers. A short briefing by the initial responding officer helps in shedding light for further investigative responsibilities. The CSI gets the district attorney involved so as to obtain a search warrant. A brief examination of the area is done by a CSI agent on arrival to verify that nothing has been relocated before the agents arrival. Initially, notes of potential evidence are made without moving or touching anything in order to understand what a particular investigation will entail and develop a well organized approach in looking for and collecting evidence.

 Documentation and evaluation of the scene
Thorough documentation is then made by taking pictures and making sketches. Documentation allows the forensic lab and the prosecuting legal representative to easily and precisely reconstruct the scene. After thorough documentation, the CSI agents starts collecting materials from the scene and packaging them with the main aim of preserving all physical evidence so as to remain in one piece all the way to the lab. In case of death, a CSI closely examines the body and takes detailed pictures. The following are some of the details marked before the body is moved to the morgue whether the victims clothing had any form of stain or mark, any signs which would tell if the victim was dragged and if so in which direction, any form of bruise inflicted to the body, missing organs are also noted, whether the flow of blood follow the law of gravity to detect whether the body was moved, presence of any other form of body fluid besides blood, and lastly presence of insect activities. Any insect activities noted requires a forensic entomologist to analyze the activities for hints as to how long the person has been dead. The body is then wrapped with white clothing and transported to the morgue for an autopsy (Byrd, para 7).

Collecting evidence
All evidence that might give a hint to the cause of the crime is collected. Trace evidence including gun short residue, residue of paints, traces of illicit drugs. Clothing is also collected if the crime involves a gun shot to analyze whether the victim was shot at a close or long range. Samples of illicit drugs at the crime scene are collected and preserved in separate disinfected containers. The lab performs thorough test to determine the purity of these substances, their possessions and whether they might have been the possible cause of death for the victim. Blood and any form of body fluid at the scene of crime are collected so as to be investigated for DNA comparison. The victims nails are also scrapped because if there was a fight, the suspects DNA may be obtained under the nails. Incase blood was initially present at the scene of crime but has been washed off, a Portable UV light is used to detect it. Analysis of blood spatter is also done to illuminate the direction from which blood came from and how many separate incidences may have created the pattern.

Finger prints are recovered using brushes, powder, super glue, tapes, magnifying lenses, lift cards, and chemicals (National Institute of Justice, Para, 8). The main aim of collecting fingerprints is to help identify or rule out a suspect. Byrd (2009), states that on finding a firearm or bullets at the scene of crime, the CSI agent puts on gloves and picks up the gun by the barrel and then packages them separately for further analysis in the lab. A laser trajectory kit is used to determine from which direction a bullet was fired. Embedded bullets are not dug out as this can damage it making it inappropriate for comparison. All the documents that can help solve the mystery of a crime such as the diaries, phone books, planners, or suicide notes are collected. Burned documents are also collected for reconstruction. Any piece of evidence collected at the scene of crime however trace it may be is photographed, collected, and tagged (para, 12).

In the lab, all the evidence collected by the CSI is analyzed and the results forwarded to the lead detective in the case. Each and every process that takes place at the scene of crime is referred to as the crime scene analysis whereas each and every task that is performed at the laboratory is called forensic science. Some of the tests performed in the laboratory include blood pattern identification, DNA test for all body fluids, photography and trajectory determination (Julia, para, 6). Chemistry is done in the lab to analyze and compare illicit drugs, explosives and other chemicals whose identity can not be determined by a mere look. A single piece or evidence often passes through a battery of departments for further analysis with each department handing in a complete report of its results. The CSI in charge compiles these reports and delivers them to the lead detective (Julia, 2009).

Completing and recording the crime scene investigation
After comparing all the evidence, crime scene debriefing is done to allow law enforcement agency and other parties involved to share information appertaining a particular scene findings before the results of the scene are released. The debriefing involves each and every personnel who was involved in the investigation. Evidence is determined and each and every detail of the investigation is discussed (National Institute of Justice, para, 26).

Final survey of the crime scene
At the conclusion of the scene investigation, the investigators in charge direct a walkthrough in order to make sure that the scene investigation is complete. This is done to ensure that each and every detail that had been documented and all the materials collected have been addressed and a thorough report made on them (Pepper, p 18).

Documentation of the crime scene
A case file is opened in which all the details of the crime scene investigation are compiled. Every single action that was taken by the investigators and all the evidence they collected are indicated in this file. The final stage of a CSI after compiling all the results of the investigation is to testify in court.

If crime scene investigations were not conducted, very many crimes would perish without a single hint of truth ever coming to surface. Though the work of crime scene investigators do not receive extensive media coverage, their efforts in determining the cause of a certain crime are very great. Their work is highly appreciated by the authority.

The impact of the introduction of the new British Supreme Court with particular emphasis on the constitutional implications

The formation of the Supreme Court in the UK is a great step towards the realisation of constitutional reforms in the land. This is best explained by the fact that the opening such a court marks the ultimate separation of the judiciary from the interferences of both the parliament and the executive arms of the government. It is however to be noted that the new court could still be inferior to parliaments decisions.
This essay gives a critical assessment on the impact of introducing the new British Supreme Court and its constitutional implications. The author also gives an analysis to ascertain whether or not the new Supreme Court will be more powerful than the House of Lords committee it replaces.

First is a discussion on the constitutional implication of the new Supreme Court. The new British Supreme Court has far-reaching constitutional implications. The first and foremost implication is that the Supreme Court will evidently enhance the independence of the judiciary. It should be noted here that this new court will have independence from the political arm of the government. Still to be realised is the fact the new judicial system will give individual judges independence of making rulings (Rozenberg, 2009). This is unlike the previous system in which ruling was mainly a summary of the reasoning and similar arguments of the different judges involved in the panel.

It is also to be understood that such a new court, with its independence will mitigate the practice of electing judges to share inquires. This could be a milestone towards realizing independence in their rulings by mitigating political influences on the outcome of both the inquiries and the final court ruling. It is therefore rightly argued that such could reduce the public perception of the courts as major political players in our republic. With the matching of the courts proceedings and rulings with the accountability standards provided by the Court and the Secretary of State for Constitutional Affairs, it is clear that the courts will improve transparency in the legal justice system.

Thirdly, the formation of the British Supreme Court is seen as the first step towards the realisation of a written constitution in the nation. To be stated here is the fact that the current government in its operation relies on an unwritten constitution mainly guided by statutes and parliamentary convections as well as standing court judgments. It is however just and fair that for the operation of the independent judiciary should be guided by well laid down principles to increase its effectiveness and accountability in administering justice to the citizens (The Guardian, 2009). This requirement could thus mandate for the finding of a written constitution in our nation. It has been claimed that the dissolving of the House of Lords who formed the unelected upper chamber of the UK parliament could lead to formation of a new democratic chamber with periodic elections for its members.

This will mark a great constitutional reform towards the modernisation of the nations democracy. The question of power devolution could also remain another constitutional reform that will be forced by the institutionalisation of the new British Supreme Court. Independence of the judiciary can only be best achieved with the putting in place of clear distinctions separating the different arms of the government (Clarkson, 2009). It is therefore clear that the functioning of the supreme courts will mandate for the changing of the constitution to reflective the aspect of power devolution.

It is clear that most of the governing members of the UK government are in office by acts of endorsement based on religion. However, it should be noted that the formation of the new British supreme courts was based on the need to separate the government leadership and laws from religion. This move means that the constitution will have to be changed to accommodate this fact. Such changes of the constitution will entail that political offices bearers should be democratically elected thus resolving the problem of discriminative selection of the members of the house of the commons in the nation (Rozenberg, 2009). Still to be noted is that this will give the otherwise highly qualified but with weaker religious strengths an equal opportunity in sharing the decision making panels of our nation.

It has also been a common claim that the Supreme Court will have the long term effectives of instilling democratic representation and accountability in the parliament, ensure a more equitable distribution of power across the different arms of the government and oversee the written constitution for United Kingdom democracy (The Guardian, 2009). All these factors will have the end result of improving the overall functioning of the government to match other developed democracies of the globe.

Second is an argument that the Supreme Court will be more powerful than the House of Lords committee it replaces. With its increased independence from political influence, the process of executing justice by the new courts will be greatly improved. It is here to be noted that unlike the rulings of the House of Lords which were marked with many separate but similar summaries of the cases by the different judges involved. The Supreme Court on the other side gives the individual judges the independence of making a conclusive final ruling on a case. It is also to be noted that failure to individual ruling could be remedied by ruling on a major vote by the participating judges (Clarkson, 2009).  Still to be noted is the fact that with a written constitution, the Supreme Court will enjoy the institutional advantage of interpreting law for application in the law courts thus making it or subject to hearing cases which are way above the provisions of the constitution.
In conclusion, it has been clearly established that the new Supreme Court will greatly improve the democratic space in UK by its cause for constitutional reforms. The court will also evidently be more powerful than the House of Lords particularly on its influence of the execution of justice.

    In relation to memory politics, understanding the implications of political and social transitions upon concepts such as personal perception, judgment, reparation, and government justification is indeed vital to attain an appropriate level of understanding phases or occurrences throughout history. Among such phases of interest include the Holocaust in Europe and the Dirty War in Argentina. In relation to both of the aforementioned historical events, it is rather apparent that transition and changes, through a holistic perspective, are a central theme. To further explain, it is of course necessary to provide a proper overview regarding such historical occurrences so as to better understand the impacts of such on both individuals and other aspects of society. The Holocaust occurred in Europe throughout the 1940s wherein Jews were evidently selected against and were attempted to be eliminated through deportation and genocide by the Nazis (Landau 178). Considering the scale and scope in which the Nazi Holocaust has occurred, then there is no doubt that it may be regarded as a considerable phase of transition.

    Aside from the Nazi holocaust, as above mentioned, the dirty war in Argentina may also be considered as a proper subject for study. Similar to the Holocaust in Europe, the Dirty War in Argentina may be most represented by the number of individuals that faced death and various forms of oppression during this  period. Specifically, the Dirty War was a period throughout the 1970s up to the 1980s wherein individuals were made to disappear, which implies that fact that either inhumane treatment and punishment or death awaited them. The term dirty was derived from the fact that such individuals were not given a proper legal process (Lewis 72,154). Therefore, given the two above-mentioned historical events, four aspects would be discussed in relation to such events so as to gain further understanding in the area of memory politics. These four aspects are as follows limits of testimony, the pursuit of judgment, reparations, and government justifications for human rights violations.  
      
2. Limits of Testimony 
    Limits in testimony may be associated with potential concerns regarding the validity of information contained within human memory. In particular, such concerns encompass issues pertaining to the distortion of memory based on the nature of a certain experience. The effects of experiences on memory distortion may be most appropriately assessed and discussed in relation to the Holocaust in Europe. In particular, in cases such as throughout the course of a holocaust, differences in perspective emerge in relation to an individuals relative level of being a witness of a specific event. To further expound, the three levels of being a witness are mainly based upon distinctions on what aspect the concept of being a witness applies. The first level pertains to being a witness from a point of view based upon oneself. The second level, on the other hand, focuses upon the act of becoming a witness based upon information gained externally, and the third level is the act of directly witnessing a certain event firsthand (Felman and Laub 75). In order to establish the connection between such levels, memory distortions, and experiences, it would be most appropriate to point out differences in the information provided by witnesses of a holocaust.

       Individuals of different ages perceive a specific event in a rather dissimilar way. For one, the differences in how children and adults remember, perceive, and tell of stories pertaining to traumatic experiences, such as throughout the holocaust, mainly rely upon distinctions based upon the capability to think as well as the extent of ideas and concepts that are understood (Felman and Laub 76). In this sense, differences in the manner in which a certain event may be conveyed through ones memory may indeed differ due to the relative variations in the mental capability of individuals. However, an important point should also be made regarding the changes in ones memory and the understanding of such as progression throughout different phases of life is experienced. To further explain, while a certain witness to the Holocaust may have seen traumatic events throughout childhood, the way in which such experiences are remembered often differs as he or she progresses through life. Specifically, as further instances of graphic events are witnessed by the aforementioned individual, the extent of resentment increases while the relative clarity of the events witness continuously decreases (Felman and Laub 80).

    In relation to such, traumatic experiences also allow for the possibility of developing a selective memory. Selective memory pertains to the repression and virtual elimination of thoughts pertaining to a specific traumatic event, which is generally considered as a common response to the Holocaust in Europe (Levy and Sznaider 58). Of course, such a trend in response is rather expected as it is for a fact that the events that have transpired during such a period in history may indeed be considered as to be among the most shocking and depressing for numerous individuals. The same may be said for the Dirty War in Argentina, as it has been proven that certain texts and sources of information upon which current data are based may in fact be compromised due to selective memory of those from whom information has been gained (Kaminsky 201). Given such points, it becomes rather apparent that the likelihood of developing selective memory may be considered to be most probable especially for those who have experienced and have directly seen acts of violence and cruelty throughout events similar to those mentioned above. Considering the fact that individuals with a selective memory may not be regarded as the most appropriate source of information or testimony, then it may be stated that testimonies pertaining to holocausts may be presumed to be not completely factual.     

    To further provide detail regarding the occurrences of both memory distortions and selective memory, it is of course most appropriate to discuss and provide additional examples. In relation to memory distortion, a man that was once a child who was told to escape from a certain military encampment to avoid death  is likely to remember several unpleasant parts of his experience in a manner and imagery that are definitely more pleasant. Specifically, at certain points in his childhood, the aforementioned individual was forced to seek refuge in a violent whorehouse, but according to his memory later on, he was instead given care and comfort within the confines of a hospital (Felman and Laub 87). From such an example, it becomes evident that memory distortion may in fact manifest in ways as simple as such, wherein a substitution of thoughts from those that may convey negative emotions and uneasiness to those that may emphasize safety and comfort may be exhibited. Certain individuals that have been sexually oppressed and victimized may be among those that would most probably develop selective memory. A simple example would be the experiences and memories of a woman that has been raped throughout childhood and yet, upon reaching adulthood, she does not recall anything related to such (Loftus 287).

    Although it is for certain that the aforementioned points regarding memory do highlight the fact that memory is not a most reliable source of testimony, it is also necessary to emphasize that even psychologists consider memory as may not be entirely consistent especially as new memories are gained (Beike, Lampinen, and Behrend 127). Hence, it is for a fact that memories do not necessarily reflect an actual occurrence or event through an entirely accurate manner. As explained and discussed beforehand, the memories of an individual may be altered and may take different forms, all depending upon aspects such as the relative level of knowledge and mental development of an individual, the extent in which the event may have affected the individual, the alterations between roles assumed in offering information for testimony, and of course the possible psychological responses that have occurred so as to cope with such memories. Therefore, the extent and number of manners or ways in which memories may be altered highlights the fact that information derived from memories may not be considered as completely true. Given such, unless there are no other possible means so as to collect information, which may be true in both the Holocaust in Europe and the Dirty War in Argentina, memories should not be regarded as prime sources of evidence or basis for testimonies.
  
3. Pursuit of Judgment
    In terms of the pursuit of judgment, it is evident that in response to both the Holocaust in Europe and the Dirty War in Argentina, the justice system has been more focused on providing a sentence rather than the need to find the truth. In the quest to find the truth, the memories of many people play a crucial role. These have always been associated with the past, and taking on the memories that one did not experience is a brand new phenomenon named as prosthetic memories. This concept means that even though such individual did not gain the memory from his actual experience, he has a deeply felt memory of certain past occurrences. The power of the memory must not be be undermined because it can serve the needs of the nation in more ways than one. However, it can also be used as an instrument when it comes to pursuing judgment (Landsberg 3).

    Todays society is more interested in the pursuit of judgment rather than the pursuit of the truth, and one of the ways to carry this out is to use the collective memories of the people in order to see that their sentence will be carried out. Prosthetic memory enables people to feel that they are a part of the situation, and its significance can be observed upon examination of historical events as in the case of the United States Immigrants in 1910s and 1920s. These people were parted from their communities in Europe and as a result, their memory of their homeland was not uncomplicated. Another instance where prosthetic memories were formed can be seen in the situation of the African Americans after the era of slavery which Orlando Patterson calls the  natal alienation  because that era has drastic implications in the memory and genealogy of those who lived it. Lastly, the case of the Holocaust remains a classic example of how the eradication and death of witnesses caused complications in the memory and testimonies of the witnesses. In all of these examples, the connection between the members of the family and their individual ties with the community were broken. As such, alternative methods for transferring and disseminating memories became necessary because the memories that were molded in the minds of these people are not their exclusive memories in such a way that the Holocaust does not belong solely to the Jews and slavery does not belong solely to the African Americans.

    The prosthetic memory happens due to many reasons such as the existence of technologies of the masses. Due to the growing needs of the society, mass culture has assumed a significant role when it comes to circulating narratives about the past, and what separates prosthetic memory from the rest of the mass cultural commodities is the process of commodification. This process allows memories to circulate on a grand scale by making these memories open to those who have the capacity to pay. Because of this development, prosthetic memory was also made available not only to those who can pass on memories but also to those who have the means to transmit these memories even though they have no biological connections to them. What was once an exclusive memory is now available to the general public. This is a classic example of how memories can be transferred from one person to another regardless of sex, race, or creed (Landsberg 9).

    In more ways than one, prosthetic memories can produce empathy and social responsibility because they can affect people and shape their view about politics (Landsberg 22). In the criminal justice system, finding the truth is not an easy thing to do, but it is necessary in order to further the ends of justice. However, this does not happen all the time. In most cases, pursuing a sentence is deemed as an adequate substitute to pursuing the truth. Sentence is the punishment paid by the criminals for the crimes that they have done. In the eyes of the people, justice has been served if a criminal has been sentenced to serve a specified period of time in a penal establishment, but this situation is not true in many instances. All crimes have an impact on the peace and order of the society, and if these remain unsolved, there is a strong tendency for repetition. This situation describes the very essence of the dilemma that the legal systems of today face, and it is this very situation that drives many people to pursue a sentence rather than the truth. A person may be guilty in fact but not guilty in law and in reverse, a person may also be pronounced guilty in law but not guilty in fact. It is a devastating fact that this type of injustice is continually happening in the world. In order to provide a solution to this problem, many people became content with giving out sentences to those accused of crimes regardless of their guilt or innocence. This method helps the justice system feel that it has done its job to the society by catching a person who would be serving the sentence for a crime whether or not he is the one who actually did it.

    It is better to let a thousand guilty men go free than to let one innocent person be convicted for something that he or she did not do. The saying signifies the fact that the justice system was created to pursue and find out the truth, and this very essence will be destroyed if the pursuit of truth will be compromised by letting an innocent person take the fall and serve a sentence that he or she does not deserve just to satisfy the psychological demands of the society. The importance of the adversarial system is to place the defendant in equal footing with the prosecutor in order to provide him or her with an opportunity to defend him- or herself in front of a judge and jury in their quest to find the truth.

4. Rituals of Social Reparation
    The rituals of social reparation is a concept or process that is focused on furthering the status of human rights at a given area or to aid those that have gone through traumatic experiences due to a breach of such rights (Agger and Jensen 202). Social reparation is not merely an act of goodwill in order to provide a better condition of living for those who may be at risk of being violated in relation to such rights. Such a process, given that countries consider the use of certain forms of social reparation, indicates that rituals of social reparation serve a more significant purpose. In particular, the rationale behind the actualization of various rituals of social reparation is so that further acts of violence to individuals may manifest as a result, if a population is not given the proper support to recover. In addition, due to the chaos that may ensue from such a scenario wherein social reparation has not been applied, then the possibility of attaining and maintaining democracy would further be decreased (Agger and Jensen 202). Hence, albeit the fact that the focus of the discussion should be on the Holocaust in Europe and the Dirty War in Argentina, in order to provide an appropriate overview of the concept of social reparation, Chile would initially be given emphasis.

    As above mentioned, in relation to the rituals of social reparation, Chile would be a most proper point of discussion so as to further expound on the concept. The reason for such though, is that through the analysis of Chile, means as through which society reconciles past errors through the justice system may be understood. To further expound, the five core components behind the ritual of social reparation in Chile are as follows the truth as generally known information, justice must be sustained through legal processes, compensation must be given to those detrimentally affected, reconciliation must be furthered between parties, and human rights as well as laws pertaining to such must become generally known (Agger and Jensen 202, 203). Considering that the aforementioned points are in part actualized through governance, specifically the justice system. Thus, even though certain approaches in dictatorship has in part been the cause of oppression of numerous individuals, it is for a fact that attempts of resolving the concerns caused by dictatorship would be done through alternative means of governance as well. However, even though the use of the justice system so as to establish and further human rights and lessen violations, problems regarding such an approach to the issue are still existent and difficult to resolve.

       For one, the means of having established democracy is of concern in Chile, as certain measures were made so as to provide sufficient protection to those that have previously done harm upon the masses. Specifically, albeit it is for a fact that a peaceful transition from dictatorship to democracy was done, the concept of attaining justice for those that have been detrimentally affected by those allied with the dictator have not been properly attained (Agger and Jensen 203). The reason for such is based on the conditions placed on and established by those in power so as to gain a level of protection from possible repercussions that may result from their oppressive actions. Specifically, despite the approaches made by the democratic government so as to appropriately subject those with human rights violations under the scrutiny of the law, given that the law is insufficient and in a sense manipulated beforehand, those that were previously in support of the dictator are still in part protected by the same justice system that is supposedly utilized to prosecute them (Agger and Jensen 203). Thus, from such, the fact that justice may not necessarily be effective, and may even be perceived as a relatively empty term or concept, is further highlighted by such examples based on real occurrences.

    As may be thought of from the above-mentioned concern regarding the appropriateness and true meaning of the term justice, problems in the use of the justice system to further pursuits in social reparation may be hindered due to the lack of specificity in certain terms used generously throughout the justice system. To further explain, the use of terms such as justice and truth may become sources of concerns and doubt in relation to the justice system since proper definitions and limitations to the use of such terms are either abstract or limited in scope (Agger and Jensen 203). Thus, the masses may also in a way form doubts and may even react in unexpected ways if such terms have been applied and yet have not been thoroughly thought of. In particular, due to excessive freedom in expressing truth, such as in the presentation of heinous and violent acts accomplished by those in power, may actually cause the masses to simply attempt to forget that such may override the need to establish means to prevent such horrible events from happening once more (Agger and Jensen 203). Therefore, the manipulation and limitations in which such terms are defined may be perceived as a vital aspect in determining whether the justice system may indeed be effective as a tool for the pursuit of attaining social reparation or would merely become a hindrance in establishing proper thoughts and realizations regarding  the importance of human rights.    
      
       Besides having discussed the rituals of social reparation to a certain degree, it is still vital to draw upon other examples in which approaches in reparation have either resulted in beneficial or detrimental outcomes. In relation to the Nazi holocaust that occurred in Europe, initial means of social reparation were through financial support for those that were affected by the destructive acts of the Nazis such an approach was made even more effective as acts of violence such as genocide became considered as an international crime so as to prevent other countries and leaders which may attempt to accomplish such a detestable act (Hassman and Lombardo 51). Despite such, and albeit the fact that such approaches in aiding the surviving Jews were in a way appropriate and even effective, further problems have surfaced which highlighted reasons as to why an approach merely based on such considerations may still in reality be insufficient and unsuccessful. The point reason of the lack of long term success was that as time passed, the individuals who were indeed detrimentally affected during the holocaust and those who were not cannot be effectively distinguished anymore hence, leading to certain individuals that have gained financial support while in fact were not at all eligible for such (Hassman and Lombardo 52).

    In addition to such, in Argentina, social reparation through financial support has also applied and provided (Bonner 96). However, it is rather evident that there is a lack of appropriate and reliable sources that discuss whether success or failure has been developed throughout the application of such methods. In general, from the discussions above, it becomes evident that effective rituals for social reparation are indeed important so as to achieve continuous progress in the pursuit for human rights and equality. Also, it has been emphasized that not all approaches in seeking for social reparation result in praiseworthy outcomes due to possible problems in planning, definition of core concepts, and the manipulation of the justice system.  Therefore, considering that appropriate and well planned rituals for social reparation is indeed important for those who have been oppressed have been violated in terms of their human rights, then if solutions to such concerns are to be strictly developed and established, a clear understanding of limitations that have brought forth undesirable and unsatisfactory outcomes should first be gained.

5. Government Justification for Human Rights Violations
    Throughout history, human rights have been violated and it is a depressing fact that the government that is supposed to be the refuge and protector of the human rights of their constituents was the primary violator. Two great examples of far-reaching human rights violations that have been the highlight of many studies are the dirty war in Argentina and the amnesty under Menem.

    The anti-communism sentiments that the people have during the Cold war was said to be the origin of the Dirty war in Argentina. In 1973, Juan Peron was elected President but his wife took over the leadership of the entire country upon his death. In 1976, President Isabel Peron was overthrown by the Argentine Military and they remained in position since 1983. The military restructured every government department and they put the local police under their control. The General Commander became in charge of all operations for neutralization and annihilation of subversive element. They also reorganized the process of death penalty, outlawed unions and the jurisdiction of the military over and above the civilians. As a result, the military detained and tortured all those suspected of doing subversive acts including thousands of students, union leaders and journalists. The military kidnapped more than 50,000 men, women and children because of suspected subversive activities by snatching them from their homes, work and even from the streets. Both the military and police denied having these people in custody and as a consequence, more than 30,000 people were considered to have disappeared without a trace. Many children were forcefully taken away from their families, activists fled the country and a number of leftists leaders have been eliminated (Lunn).

    The dictatorial government of Argentina raised people under the culture of fear and intimidation. This atmosphere prevented the family members of those who have disappeared to speak about the incidence. For instance, a woman named Herminia Severini went to the police station after her daughters disappearance and instead of receiving help, the police officers told her that she was a bad mother and that her daughter was involved in a sexually active group activity. Many parents like Herminia were too scared to make inquiries and they were forced to admit that their children disappeared.  All the powers in Argentina was consolidated in the military who was given all the powers of the executive, legislative and judicial branches and as a result,  the nation was filled with a culture of fear. During the early 1980s, the dictatorial system in Argentina received countless of of criticisms and in order to put an end to this horrible regime. They were defeated by the British in 1983 and for the first time in many years, they held an election (Lunn).

    President Carlos Menem granted pardon to many military officers that have been accused of human rights violation in order to have a national reconciliation. According to the president, it is his intention to reconcile and put an end to the issue that caused division and strife in the country and the only way to help heal the wounds of the past is through forgiveness. As a result, the Human rights organizations launched legal challenges to hurdle the amnesty laws. Grandmothers of those who protested in Plaza de Mayo held the military officers responsible for the kidnapping and identity theft of their children who have been given for adoption to many allies of the military. They contend that since kidnapping is not covered by the laws of amnesty, they were not forbidden from pursuing justice from these crimes. In 1998, Judge Roberto Marquevich ordered ex-president General Videla to be put under preventive imprisonment for kidnapping and falsification of public instruments. Videla had been previously tried and convicted for human rights violations in 1985. At the end of 1998, President Menem returned from his Scandinavian trip and asked many countries to investigate the disappearance of two Swedish people and because of his efforts, he was considered as a human rights hero. This situation is a perfect example of how the government used the justice system to suit their advantage. The local organizations did everything they can to secure the arrest of Videla yet they still need help from international allies to put this military leader to prison. Judge Marquevich, the one who ordered the arrest of Videla, was not known for his advocacy to human rights. Instead, he was known for his strong loyalty to the President Menem for appointing him. There are strong reasons to believe that the Judge was merely responding to the political agenda of President Menem when he ordered Videlas detention.  The underlying reason behind all of these propaganda is that the warrants of arrest for the Argentina military officers caused foreign and local pressures to extradite officers to Spain for their trial. The military strongly opposed the extradition but it is an  international precept that the state must either try their accused domestically or they must extradite them and the only way to fend off some of the pressure for extraditing officers is to put high profile prisoners such as Videla in prison (Della Porta and Tarrow 166).

    Human rights are the most fundamental of all rights and freedoms which all human beings are entitled to such as the right to life, liberty, freedom, equality and due process. These rights are said to be natural or inherent to the mere existence of the people which means to say that they are not earned nor can they be denied because of race, creed or sexuality. Out of all the rights being enforced internationally, Human rights must always be given utmost premium and importance and it is an extremely devastating fact that in Argentina, these rights that many people hold dear is being blatantly abused by authorities in the furtherance of their political interest. Protecting human rights must reside first in the states themselves but as illustrated in the Amnesty of Menem and in the Dirty war, it is the public authorities themselves that are violating these rights. Their presence ensure every person that their most important rights such as their right to life and liberty are secured and safeguarded from any abuse. These universal rights make everybody human and protecting it is essential for the existence and survival of an organized society. They are inherent in each and every person and without respecting these rights, organization would be impossible.