Essays on Administration Of Justice

Introduction

Natural law theory and positivism are two approaches to thinking that differ in the basic legal principles and rules on the treatment of law. Principles and rules influence English jurisprudence and the administration of justice through the attitudes, perspectives, approaches, decisions and pronouncements of judges and jurists. Natural law theory and positivism dominate respective areas of English jurisprudence and adjudication process, but these approaches may also simultaneously exert influence to raise issues and cause developments in other areas.

Influence of Natural Law Theory

Natural law is “the order of the dynamic tendencies that are proper to man as a rational being”. The rule of ...

Perhaps the oldest element of the criminal justice system are the courts. To be sure, it goes without saying that with the courts, the criminal justice system would cease to function (Kaci, 1998). One of the more commonly understood roles of the court in the criminal justice system is its involvement in the determination of the guilt of innocence of the defendant. In this role, the court stands a neutral referee in the contest between adversaries, namely the prosecution and the defense. In other words, the court enforces the procedural rules and regulations involved in the investigation and litigation ...

1. Policing involves complex roles and responsibilities in today’s current time. To be effective in the performance of their duties, there are important strategies that are considered to be the most relevant and important to the police authorities. Community policing and evidence based policing are two important strategies that will enhance the ability of the police officers in addressing the constantly changing environment involving crime and disorder. Community policing generally involves the collaboration between the community members and the police in identifying and solving problems affecting the community. The concept of community policing introduces the new perspectives providing ...

Criminal justice administrators are all the personnel involved in the administration of justice in the justice system of the United States. The criminal justice administration is a wide field which involves many personnel who cooperate together in delivering and dispensing justice in a fare and just manner. The process starts from the cops who are involved in arresting law-breakers to the judges who impose sentences and fines to the law-breakers. There are many ethical issues involved in the administration of justice by the criminal justice administrators. This is rampant when the victims are politicians and other powerful people. First, ...

The cuts will negatively affect these groups negatively. The reduction in transport will make it hard for the poor to move around, as the cost of transport will be high and raise the cost of transportation of goods (Griffin et al. n.p)). In addition, the cut on health will upgrade the cost of getting medication, therefore, affecting most of these groups negatively. Production of goods will be more expensive because of the cut in the community and regional development and transportation. Reduction of environmental expenditure will lead to reduced efforts for environmental conservation due to lack of enough resources ( ...

- Discuss in detail the concept of Utilitarianism and its impact on society.

Utilitarianism holds that a proper course of action is one that maximizes utility by reducing suffering and maximizing happiness. The concept of utilitarianism adds that the moral worth appended t an action is solely determined by its resulting outcome. Theorists add that the greatest measure of right or wrong is the happiness of the greatest number of people. The influence of utilitarianism is widespread and permeates politics, law and economics. In law, the concept of utilitarianism justifies the punishment intended to preempt further crimes by protecting the community from the offender or rehabilitating him. In politics, utilitarianism supports democracy as a ...

Abstract

Using force in the administration of justice and restoring peace and order is often necessary under certain circumstances. The law enforcers often consider the need of force in various cases, such as when apprehending hostile individuals and in self defense. There are many controversies involved in the use of force made by the law enforcers, and it can sometimes generate news headlines and is often times described as an abuse of power and authority among the police officers. The use of force is viewed as a necessary means of administering the law, but it can convey a different meaning to the ...

The congress splits the country into territorial district. After splitting, the congress creates federal court that is functional in every district. The structure is headed by the Supreme Court, thirteen court of appeals, 94 districts (reflecting the total number of districts) then two special courts. According to the constitution of United States, congress has the power to create and abolish any federal court. The structure of the federal system has direct influence on the process of application of the bill of rights. Well, in this paper, we are going to discuss how the structure affects the application of bill ...

The prime responsibility of all the professionals involved with the dispensation of criminal justice in the United States of America, especially those professionals directly charged with the administration of the capital punishment, is to exercise the powers invested in them ethically and with due regard to the norms of justice. In order to set the record straight due respect must be shown to the legal processes and the practices as far as the statistically disproportionate inequitable administration of the capital punishment to the racial minorities in the United States is concerned (Weber 2013). The United States federal government ...

The paper by Marc Galanter considers some four important elements within the legal system. However, among the four elements, there are two outstanding elements which include the haves, as well as the have-nots. These individuals are referred to as the one shotters as well as the repeat players. The important elements include the courts, rules, parties along with the lawyers. The one shotters plus the repeat players are divisions of the parties. The one shotter describe a person that deals with the legal system less frequently thus they possess fewer resources. The one shotters closely behave like the have-nots ...

Criminal Law

WHITE COLLAR CRIMES The topic corporate or white collar crimes due to prevalent scandals in the global corporate scene that occurred during the recent years witnessed by U.S. and European companies and their counterparts in the other parts of the world such as “corporate frauds,” “corporate breakdown,” “accounting scandals,” “corporate scandals” as the major controversies surrounding the corporate world (Ball, 2009). Buell (2014, p. 827) has defined a white collar crime as “one that is committed by a person of respectability and high social status in the course of his occupation.” Corporate crimes are caused by various factors and ...

Introduction

The Supreme Judicial Court of Maine is the topmost court in the hierarchy of the State’s court structure. In addition, it is the court of final resort in the State. It is one of the special courts that fall under the judiciary wing of the federal government. The beginning of the Court’s operations can be traced back to the year 1820 after Maine gained its sovereignty as a state from Massachusetts. It is headed by the Chief Justice who also presides over the functions of the court. The Governor of the State appoints seven justices who help in ...

The courtroom is a place where cases are heard and deliberated as evidence is produced to prove whether the accused person is innocent or guilty. Different courtroom varies depending on the hierarchy and the type of cases, they deliberate upon in the courtroom. In the United States, the courts are closely interlinked through a hierarchical system at either the state or the federal level. Therefore, the court must have jurisdiction before it takes upon a case, deliberate, and come up with a judgment on it. The criminal case is different from the civil cases, especially when it comes to the court layout. In ...

One of the relevant issues in modern justice is the issue of equality. Justice is a right to everyone despite his nationality, gender, or race. However, at times these variances have influenced justice system of the country. The financial status, gender, and race of a person have influenced how he is in the justice system of the country. The notion of creating stereotypes and associating these stereotypes with certain groups has influenced justice system in the country greatly. These stereotypes influence the arrest, prosecution, and verdict of a person. These stereotypes determine whether a person gets justice or not. The police, Judges, and ...

Question one: Discuss how and to what extent the U.S. Constitution governs and affects the intergovernmental relations in The United States of America. Discuss the tensions and conflicts between the levels of government The Constitution of the United States of America indeed contemplates three tiers of government under the federal system. The federal system of governance is informed by the need to have different centers of power sharing governance of the same regions and persons. In that respect, it was essential for the Constitution to stipulate the relations between the government levels. The Constitution in as much as ...

Psychology

Introduction For this case study, an interview was conducted with the subject from whom the acquired information will be used to cross-examine with the various developmental theories. Her name is Sara Sanchez. She is 20 years old, and has a 2-year-old daughter. She has a full time job as a teacher at Bright Horizons. Her job is to work with preschoolers and toddlers. She’s been working there for 6 months. She is studying child development. She wants to double major in child development + forensic science of elementary school or administration of justice. When she was 9 years old, she was ...

Law

Corey Stoughton, who is a Staff Attorney has stated in his speech made before the New York State Judiciary Committee during the state assembly that one of his proposals is to reform the courts and justice system in New York for the benefit of the people and the state. This is in accordance to the move of the New York Civil Liberties Union (NYCLU) which aims to promote and enhance the essential rights of the people pursuant to the Constitution of the state and the Bill of Rights under the U.S. Constitution (NY Civil Liberties Union, 2013). Stoughton raised the ...

Law enforcement relates to the implementation and administration of the law. Enforcing law could be examined at two levels. At the policy formulation and consequential implementation. This paper seeks to examine and discuss various policy issues at the law enforcement area. It is the paper’s contention that policy formulation needs to be realistic, practical, pragmatic and within stipulated budgets. In other words, law enforcement policy ought to be approached from a practical tradition rather than relying on various managerial theory. The paper assumes the position that policy issues are as diverse as there are topics of concern within the ...

Introduction (Overview)

According to the fact pattern, the case assumes the same character in terms of facts and approach as the case of Mapp v. Ohio. In this case, Detective Quickdraw relying on the information received from the informant Sneaky Pete acts in good in faith and attacks the home of suspected drug dealer Sally Martin. However, contrary to the expectation, the cocaine is not found. Instead the suspect is found in possession of an illegally held handgun and some amount of heroine. The officers press charges for possession of illegal weaponry and heroine contrary to the law. This is despite ...

Introduction

The American Constitution is rich in the protection of the rights and freedoms of the individual. In light of the Justice System in relation to the administration of justice to adults and juveniles, the relevant amendments include the fourth, the fifth and the sixth amendments. This paper shall examine the constitutional safeguards occasioned by these amendments, examine their impacts and their application in juvenile and adult courts. The paper takes the position that the amendments are essential for the protection of the rights of individuals especially in the justice system.

Fourth Amendment and its impact

The Fourth Amendment relates to the search and seizures ...

In a society, the weaker group would always demand that special treatment be accorded to them. This approach has always favoured an adoption of affirmative actions for the weaker persons in society. Women, if compared to men have been the weaker sex. History reveals a record of marginalization and mistreatment of women across societies. In fact, jurisdictions like Saudi Arabia in the Middle East are yet to grant women full rights and freedoms. However, this does not mean that women have always been the victims in every situation. Indeed, many situations exist that cast women as the villains in society. This ...

The Judge

The judge in the court plays one of the most fundamental functional roles in the criminal justice system. As a judge, society through the State confers on one the responsibility of administering justice. The duty to administer justice is complex and multifaceted. It involves the dual and usually contradicting function of ensuring the accused and the complainants receive justice. In the absence of caution, competence and diligence, a miscarriage of justice can be allowed either in favour of the accused or the complainant. It, therefore, remains of paramount essence to excise due diligence and caution in the excise of the functional ...

The probation department is a critical constituent of the criminal justice system. Probation officers have a fundamental obligation to the system and society at large to ensure that they facilitate the administration of justice in a fair, just and objective manner. They attain this essential duty mainly by preparation of presentence investigation report, which gets then submitted to the court of law. The report should be based on the defendant's character, criminal history, background, his family life and any other relevant facts that the officer may deem fit to aid in the administration of justice. The report will then be used by ...

Arguably, the rate of crime activities carried out by teens is tremendously increasing. As a matter of fact, the question should juvenile criminals be tried as adults has become a controversial issue in the world today. Nearly everyone from politicians, lawyers to judges express their opinions on the issue, and because everyone is controversially concerned there is no realistic conclusion that has been reached. The court systems in the global arena are left with the hard task in making decisions. For many years, children have committed heinous crimes just like adults, and how they will be stopped has become another significant ...

Crime and the Criminal Justice System

According to our criminal justice system, people are innocent of any crimes they are accused of until proven guilty. The criminal justice system is a system that comprises of agencies at federal, local and state level. In order to fully comprehend the criminal justice system, it is important to understand what crime is, the different aspects of crime and how crime relates to the criminal justice system.

What Is Crime?

Crime can be defined as an injustice or offence against society declared by the law and punishable by society, depending on the circumstances it was committed under. (Clarkson, Miller, Jentz & Cross, 1995) ...

Arguably, the society for many decades has become an avenue of criminal activities. As a matter of fact, many strategies, models, and styles have been developed to reduce and eliminate crime in the society. Community policing is one of the strategies implemented in many states in order to deal with crime within the neighborhoods. Crime has great influence in the development of a nation; in fact, it affects all aspects of life, namely economic, social, as well as political. In most cases, community policing is often called foot patrol, and it has continuously become the subject of research and debate from ...

Capital Punishment, also referred to as the death penalty, is a legal procedure in which an individual is put to death as punishment for crime. The crimes under capital punishments are capital crimes defined by penal codes of respective countries. Each nation has a defined penal code system normally enshrined in the constitution. The use of death penalty as a mode of punishing the most heinous of crimes dates back to the Roman times. Beheading was common practice for punishing murderers and deserters at war. As several countries settled into the nations we know today, death penalty was reviewed and abolished by ...

Significance of the topic

Every human being in the world has a right to justice. As it is obvious, justice is a perception of moral relevance based on ethics, law, and equity, along with the retribution of the violation of known ethics. This topic focuses on justice and its unequal partiality in accessibility as it relates to minority groups based on ethnicity, identity and sexuality. The significance of the topic is that it covers all verifications on accessibility of justice to minority groups; blacks, gypsies and travelers, immigrants, refugees and asylum seekers, and sexually marginalized groups like the homosexuals. Researching the topic also provides ways ...