Essays on Counsel

Right to Counsel

Development of Right to Counsel A person accused of a crime has a number of specific rights that are protected under the Sixth Amendment to the United States Constitution. The rights attach only upon commencement of adversary judicial proceedings. One of these rights is the right to assistance of counsel for a defense in a criminal prosecution. At first, the Court limited the scope of the Sixth Amendment to indigent defendants in capital cases, and early cases dealt with effective assistance during the preparation and trial phases of the case (Powell v. Alabama, 287 U.S. 45, 71-72 (1932); Glasser v. United States, ...

Miranda Rights

The decision of the Supreme Court in Miranda v. Arizona that a confession obtained through interrogation while in custody, and at which time the suspect was not informed of his/her constitution to have a legal representative present would be inadmissible in the court of law. However, only the accused can proclaim their constitution protection in contesting the involuntarily obtained confession. These Miranda rights, as they are popularly known, are necessary in the course of justice as they guarantee the constitutionality of the Fifth Amendment, Sixth Amendment and Fourteen Amendment. Fifth Amendment deals with self incrimination, Sixth Amendment relates to right to ...

Abstract

In Ross v. Moffitt (1974), it was held by the U.S. Supreme Court that the indigent criminal defendant is not entitled to the right of an appointed counsel at State’s cost as the indigent defendant is already entitled to the right of the appointed counsel at the courts below i.e., the trial court and first court of appeal where a counsel’s advise and presence is required at the various stages of trial and to point out to the Appellate court the errors committed by the court below. What is more important is the due process clause rather than ...

The petitioner in this case, Sherry Burt, a Warden at a Michigan correctional facility moved to the Supreme Court challenging the decision of the United States Sixth Circuit Court of Appeals and seeking a writ of certiorari against the decision. The matters that came up for consideration at the Supreme Court involved weighty constitutional issues namely whether the Sixth Circuit gave an appropriate deference to the state trial court decision in Michigan as enshrined in the Antiterrorism and Effective Death Penalty Act of 1996. The second constitutional issue that was subject to determination by the court in this case related to the ...

Right to counsel

Criminal law refers to a body of rules that deals with crime. It defines the actions that are constitutionally allowed because they jeopardize, harm or harm the safety of the people who commit them. During the criminal case proceedings, a defendant is entitled to the right to counsel or self representation. Meaning, a defendant may either opt to be represented by a legally empowered law expert (attorney) or represent themselves in the court of law (Israel, J.H. et al., 2003).

The history of the right to counsel can be traced to the colonial era. Many historians believe that this practice formally began in ...

Gideon v. Wainwright - 372 U.S. 335 (1963) Gideon v. Wainwright - 372 U.S. 335 (1963)

Clarence Earl Gideon was accused with breaking and entering in order to commit a petty larceny – the crime which is qualified as a felony pursuant to the Florida law. As Gideon appeared in court, he announced that he would not be able to afford legal representation of a counsel thus asking the judge to appoint an attorney at the state`s expense. The judge denied defendant`s motion on the grounds, that under the Florida law the state can appoint a counsel for the indigent defendant ...

- Litigants and court indentified

Petitioner- Appellant: Cecil G. Daniels Respondent: State of Idaho - Legal issue In the following case, Court of Appeals reviews petitioner`s claim to reconsider the district court`s denial of post-conviction relief. The issue in the following case is whether the assistance of the appellant counsel was ineffective and deficient (failure to challenge the denial of suppression motion) to a degree that it led to the subsequent conviction of the appellant. - Short of description of the case. The petitioner, Cecil G. Daniels, was charged with driving under the ...

Introduction

Many practitioners see Article 81 of Mental Hygiene Law as a huge step forward in the statutory regulation of the guardianship of incapacitated persons. The Article provides for more flexible and less restrictive approach in the determination of the legal status of those incapacitated persons who are in need of guardians` protection. The principle of individual approach underlies the article. The principle implies that in every particular case the powers of a guardian must be tailored to the needs of the incapacitated person. The guardian will assist the ward only in those matters where the assistance is needed (activities of daily ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows: - Using encryption in aid of a crime: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on ...

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 ...

Citation: 372 U.S. 335 (1963) Facts: The defendant in this case, Clarence Earl Gideon, was charged in a Florida trial court with a felony and consequently convicted to a five year jail term. He was alleged to have entered into a Bay Harbor Pool Room in Panama City, Florida with the intent of committing a misdemeanor. When he was taken in court for trial, he requested to be availed an attorney as he could not afford one. However, the Florida court refused him an attorney in accordance with the state law rather stating that only indigent persons facing capital charges were entitled to ...

1. Prosecutorial Misconduct Prosecutorial misconduct refers to any situation in which the prosecutor in the course of litigating a case breaks a law, violates a code of ethics or misbehaves to such an extent that the fairness of the criminal justice process is unambiguously tilted in her favor. An example of prosecutorial misconduct would be a prosecutor who prior to trial fails to turn over a key piece of evidence that provides an alibi for the defendant, and tells a witness friendly to the defendant that she will tell the federal authorities about his illegal immigration status if he testifies. Moreover, at trial the ...

Edwards v Arizona, 451 U.S. 477 (1981) TYPE OF ACTION: Ruling of the Arizona Supreme Court after an appeal which held that the accused has waived both rights of remaining silent and requiring a legal counsel when he voluntarily made his statement to interrogators. Hence, the court upheld that his confession without his counsel was voluntarily and admissible.

FACTS OF THE CASE:

On January 19, 1976, Edwards was arrested for burglary, robbery and first-degree murder. He was issued an arrest warrant on that same day. He was read his rights and was ready for questioning. He agreed to answer the officers’ questions. He ...

Miranda V. Arizona and Terry V. Ohio The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

The Past

The Iliad 3, Helen and Priam have a view of the battlefield of the Trojan war from the walls of the city of troy. In this text, a representation of the past, present and future of troy is represented in the conversations and descriptions that are made. The past of Troy is indicated by the reference to the past heroes of the war, and the passage indicates on how they made sacrifices in the war. There is mention panthoos, Thymoites, Lampos, Klytios and hiketaon who is said to be a descendant (scion) of Ares. These individuals are said to be men ...

Business and Organizational Security Management

Business and Organizational Security Management

Any business and organizational security manager can attest and confirm; contracts are an extensive part of protective services. Services being provided by contract firms are increasingly diversifying into areas like scheduling and training, risk assessment, attendance, and time, the use of contracts will continue to regulate the provision of protective services. Contracts refer to agreements between two or more parties with regards to performance of a particular act and legally binding or enforceable. For these agreements to result to a contract, they must not be an invitation to negotiate or mere offers. Contracts are legally binding ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings. The Fourth Amendment prohibits the ...

Legal Representation of Mentally Disabled

In this paperwork, I am going to present an overview of the general rights and protections afforded to the mentally disabled. The paperwork will also consist of some of the main difficulties facing advocates for the mentally disabled (both legal and non-legal advocates). Information on civil commitment standards, right to treatment in the least restrictive setting, prediction of dangerous and incarceration of the mentally disabled will also be included in my discussions. As I go through the paperwork; I will be suggesting for the existence of social change in these areas so as to end up with a more accurate ...

Miranda v. Arizona (1966) was a landmark case that led to the protections afforded suspects against self-incrimination under the Fifth Amendment of the constitution being clearly spelt out and extended. Though this right had constitutional protection beforehand, the Warren court held that while confessions made while in police custody may be superficially voluntary, the environment in such a scenario may, in fact, compel a suspect to confess. The Court held that "the modern practice of in-custody interrogation is psychologically rather than physically oriented" and that "the blood of the accused is not the only hallmark of an unconstitutional inquisition (Miranda, 1966). The ...

Part 1: Profile of USAID

USAID is an acronym that stands for United States Agency for International Development. It is a non-profit organization that carries out interventions in hard hit areas, primarily in third world developing countries. It is a federal agency of the government of the United States of America primarily tasked with delivering civilian foreign aid. - Areas of Interest USAID has interest in many areas around the globe. Firstly, it is important to identify the areas of operational interest for the organization. USAID seeks to help overseas people who are struggling to live a better life, live in the reins of democracy ...

Section I. Circle the letter of the most appropriate answer. 1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States: a. The First Amendment. b. The Fifth Amendment. c. The Fourth Amendment. d. None of the above. 2. “Substantive due process” refers to those procedures: a. that are expressly enumerated within the four corners of the United States Constitution. b. that are not expressly enumerated by the ...

Prosecutorial misconduct

Prosecutorial misconduct refers to a procedural defense usually available to the defendant in criminal matters whereby the defendant advances an argument that the court should not hold them criminally liable for actions which may be criminal for the reason that the prosecution acted unfairly. The defense arises in various instances such as where the prosecution knowingly sanctioned false testimony and where the prosecution withheld evidence. It is therefore a violation of laws or ethical rules by the prosecutors (Texas District and County Attorneys Association (TDCAA), 2012). A real-life example of prosecutorial misconduct was apparent in the case of U.S. v. ...

The quote is intended to address the issue of representation in courts of justice. In the present period, there is laxity from the part of the government to provide pro bono services to citizens who cannot afford the services of a counsel. This means that such citizens go to trial without exactly understanding what is expected of them. This is unlike the past when the government recognized the right for every accused person to be represented by a qualified lawyer to ensure a fair process. This ceased to be the case.

The Supreme Court of America is constantly subjected to political ...

- How does the passing of the Sarbanes-Oxley Act affect shareholders, directors, and officers of a corporation? Provide a specific example and support your answer with reference to the act.

Signed into law on the 30th day of July the year 2002, the Sarbanes-Oxley Act mainly concerns itself with transparency and accountability in publicly traded organizations. Apparently, the law bill was signed into full effective law by President Bush, amid cries from shareholders regarding the high rates of fraud and irregularities in public corporations. The law affects the directors in many ways that cannot be particularly classified as negative or positive. To the shareholder, the effects are positive in all respects. The first way the passing of the law affected the shareholders positively in the sense that it boosted ...

The Sixth Amendment

Based on the Sixth Amendment to the United States Constitution, it reads, “in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” . Notice that in that summary of the ...

Introduction

The justice system is a very complex institution, which calls for a proper manner of getting information. In the system where judgments are made depending on the types of evidence given, it is essential that the counsels of both sides take proper measures and steps to ensure that they get the relevant information from the witnesses that will sway the verdicts to their way. Strong evidence through such interrogations is likely to see a party getting an upper hand in the verdict, while shambolic evidence will most likely see a case ruled against one’s expectations. Interrogations, to a large extent, should aim at ...

A consent decree project was proposed by attorneys of a fictional jail named Adelphi County Jail in Maryland in the United States. This proposed consent decree was instigated by a particular situation that occurred at the jail involving two of the inmates where some prison officers accessed the inmate’s belongings on suspicion of possession of contrabands. This report analyzes the consent decree project in the context of the situation that occurred leading to the decree. This report seeks to address the extent to which this situation, the policy and procedure directive of the jail and the appellate court decision on ...

- Courtroom observation and interviews a. Names of the participants:

Presiding judge name: Thomas J. Qummin

Defendant: Gary Burk, charged for selling illegal drugs Attorney for the defendant: Keeth Colemen b. Date(s) and time(s) of observation(s); 04/18/2013; 02:30pm c. Location of observation and type of jurisdiction; Location: Greeley, CO court. d. Courtroom: 15; Case Number: 12CR2024; e. Facts and activities observed During today’s hearing, the courtroom was silent as the defendant or the accused walks into the court room together with his counsel Keeth Colemen. The state prosecutor arrived thereafter. After a few minutes, the ...

When talking about diversity, people always tend to define it in terms of difference in race, sex, socioeconomic status, religion, etc. and the treatment of other people in relation to these differences. When taken merely from the context of society, diversity would only be viewed as discrimination by prototypes. Prototypes refer to the standardized mindset of people from other culture, race, religion, etc. towards particular people. For instance, black people are viewed as slaves and as bad people, even if they are not at all or maybe not every black person is. Making prototypes is a social issue that leads ...

Introduction

Immigration law deals with the state administration policies which direct the occurrence of immigration to their nation. Illegal immigration is the movement into a country in contravention of the immigration laws of that authority. Illegal immigration brings about many economical, political, and social matters and has developed into a basis of chief controversy in the developed nations and the more flourishing developed countries (Proper, pg 203). This paper proposes to examine the U.S. Laws governing illegal immigrants and the need to be reformed.

The purpose of this proposal is to show an overview of my investigation of U.S. laws governing illegal ...

Executive summary 1

Statement of problem 2 Controlling Authorities 5 Possible Solutions 6 Solution 1 6 Diversity in Expertise 7 Professionalism and Ethics 7 Increased Goodwill 7 Big Costs 7 Option two - hiring an in-house counsel. 8 Minimal costs 8 Accessibility to the documents 8 Shared Ethics and Value 8 Lack of Professionalism in Specific Areas 8 Continual training inadequacy 8 The legal model for XTRA Technologies 9 Conclusion 9

Works Cited 10

Executive summary The majority of business analysts agree on the idea that legal compliance is ...

Criminal Law

CRIMINAL JUSTICE Question No. 1 The use of less lethal weapons such as the pepper spray and conducted energy devices or CEDs, such as the Taser had been widely popular in the police force. The use of Taser increased in significantly for the past decade and reports have shown that 15,000 law enforcement and military agencies make use of these less lethal weapons. However, the use of Tasers had created a controversy in relation to allegations of overuse, intentional infliction of harm to the accused and in-custody deaths. Some claim that police commit intentional abuse of these ...

Charges against Gorski

According to the case at hand, Gorski has a lot of federal charges against him. As the U.S. Attorney responsible for the case, the federal charges that one is most likely to levy on Gorski are as follows: - Refusal to cooperate with authorities: The scenario poses a situation whereby Gorski refused to provide the authorities with the encryption key. As such, he appears to hinder the investigation process. Any instances whereby an individual knowingly refuses to comply with authorities in the investigation are likely to attract charges of non-compliance. The particular instance may have such charges levied on Gorski ...

Introduction

The entertainment industry is an unforgiving, uncaring and impersonal place, and many artists require the help of third parties to assist them in locating employment opportunities as well as in making crucial career decisions. It is because of this reason that music managers and talent agents are a common occurrence in many entertainment industries across the world. The managers and agents essentially represent artists and their role in the entertainment industry is very huge and straightforward. In many occasions, a successful artist is one who has both an effective manager and effective talent agent. However, it is important to take note ...

Introduction

This paper will study the criminal justice process that should be followed when deciding a case of murder of two persons namely Mrs. Lucy Lane and Mr. Rodney Hill, whose bodies were discovered on the roadside after a bloody murder by unknown assailants. The paper will look at the process starting from investigation and search by the police, arrest, arraignment of the suspect in court to take their plea, the subsequent trial by the court, judgment and eventually sentencing. The paper will follow an American Justice System Approach in the whole process.

According to the information provided, Mr. John Wolf of ...

This submission will be seeking to discuss custodial interrogation within the context of Miranda Rights. It will be seeking to present this discussion through the use of a case study. The facts from the case study will then be analyzed so as to bring out the core concerns that the submission seeks to highlight. The case study involves the arrest of Sally Martin who was indicted for possession of heroin and weapons under disability. During the period from the arrest, Martin made certain statements, some by herself without any prompting and others as a resulted of being prompted by the officers. ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

Question one – Case study

This case was heard by the Supreme Court at Brisbane in the state of Queensland. The judgment was delivered at Brisbane by Judge Fryberg on the 24th January, 2011. The judge in the case was Fryberg J. The case was heard on the 2nd and 3rd December, 2010. The Plaintiff in the case is Ms Mee Wah To, a landlord who owns a parcel of land located at 33 Lisson Grove, Wooloowin. The Defendant on the other hand is Miss Eugene Choi, a tenant of part of the land owned by Miss Mee Wah To. The counsel for the ...

Life never prepared me in my past life for what I found in my first week, in global finance. Being a lawyer I had been in Enron for the past four years working with the tax department. In October 2000, Andy Fastow summoned me and asked me to be the general counsel for global finance. This opportunity was enticing since it was a good place to be in thus I accepted the offer.

Current situation

The first thing that I found in the new files was a deal between Enron and a company called LJM which was a special purpose company. I knew something ...

The notable actions of the case in the Norfolk case is that they arrived very fast after receiving a call from William a neighbour to the deceased ``woman”. In most instances, Police take unnecessary long time before responding to a crime scene call. However, their response in this case is commendable.

Secondly, the police tried performed an examination of the body to establish the cause o f death. Police should examine a dead body in order to categorize the type of crimes suffered and the cause of the death .In this case, the police found out that the Michelle Moore had been strangled ...

User fees are very important fees to the local government. They form the largest portion of the total percentage revenues collected by local authorities. There are different kinds of user fees depending on the purpose they are collected. There are four main user fees which are the highest of other user fees. In the Alabama state, these fees are; government entities and tax exempt user fees, chief counsel user fees, advance art determination fees and the installment agreement fees.

The government entity and tax exempt user fees are levied on organizations that exempt and Employee Plans. The fees are ...

Part 1: Brief description of Cardio-Metric and history

Cardio-Metric, a start-up company founded by Carlos Sanchez and Chris Ward, began its operations in Minneapolis in 2002 starting with a simplified blood pressure (BP) monitor for use by patients in their homes with signals sent to their physicians in the real time through internet. The company succeeded in rising venture funding of $ 6 million in 2003 in the first round of institutional financing. Daniel Kim was hired in 2002, to develop business plan, raise venture capital and to facilitate commercialization of the product. In 2004, the company launched the home market version of its product which was well received by ...

Introduction

The end of World War II has introduced an era where human rights were not only appreciated, but also considered inherited entitled. They were addressed by the Universal Declaration of Human Rights, which was adopted by the U.N. General Assembly, as part of the International Bill of Human Rights, in December, 1948 (United Nations). According to the Universal Declaration of Human Rights, Article 9, no person should be subjected to “arbitrary arrest, detention or exile” (United Nations). However, during wartime, the Fourth Geneva Convention is used, so to define detainees. There are many contradicting viewpoints, as to whether an ...

PHILOSOPHY, HEALTHCARE ETHICS, AND RELIGION: DECISION MAKING

- Introductory Summary There are a wide array of choices that individuals must make in their lives, and it is important to have guiding principles when it comes to making hard choices. The Bible and relevant philosophical texts give good guidance; even so, difficult decisions must be made frequently, especially in the medical profession. This discussion will focus on individual absolutes and the Biblical basis for those absolutes, especially in the context of difficult decisions that will be made daily. In addition, decision-making strategy will be introduced, including the question of what to do when one’s absolutes are ...

Question 1

The conflict between the rights of the victim and that of the defendant has elicited a lot of problems in the course of administering justice. The law covers both the defendant and the victim’s rights, but if the rights of the victim and defendant result in a conflict, the case judge often has difficult decision to make -after hearing the opinions of each party. According to the law, the judge should apply the principle of ‘presumptio innocentiae’, whereby the victim is always treated as innocent until proven guilty by the rule of law (Groenhuijsen 167). However, according to the nature ...

Business Law II

This case was located from the Lexis Nexis website. The case originated from the District Trial Court, to Missouri Court of Appeals and then the State Supreme Court. ISSUE: The issue in this case is whether or not the attorney Devereux of The Bar Plan (TBP) had been appointed to act as the agent for TBP when it consented to incur additional legal fees. RULING: The Supreme Court ruled that the attorney was not the agent for Appellant, TBP. The trial court ruled that lawyer Devereux had acted as the agent TBP when it offered assistance ...

In the Canadian criminal justice system, bail suffices for purposes of releasing the accused while still on trial. The accused is afforded an opportunity out of detention at least until he is proven guilty, proof which has to be beyond reasonable doubts. It is in appreciation of the role of bail and the courts that confer the same thereof that I visited the said courts. On November 20th 2013 I visited a bail court as part of my class assignment to examine cases of accused being processed through a bail hearing. The bail court I visited was City Hall on Queen ...

Question Three:

According to the Appeals Court, several errors were made by the judge who presided over the matter at trial. One of the principal errors by the court was the allowance of the plaintiff’s counsel to make highly prejudicial comments that were not helpful to the court and which only served to inflame the jury against the defendants. Though the case concerned mistreatment based on the plaintiff’s sexual orientation, the plaintiff’s counsel had misdirected himself by drawing a link of the defendant who was German, to the Holocaust and the Nazi Germany. The court further allowed counsel to ...

The right to counsel is a fundamental right provided by the Sixth Amendment to ensure a fair trial of the accused. The Sixth Amendment states that accused shall enjoy inter alia the rights of the assistance of a counsel for his or her defense. For several years in the United States of America, this right only applied to capital offenders accused by the Federal Government and not the States. It was until the year 1963 that this position was changed in the celebrated case of Gideon v. Wainwright. This case was heard up to the Supreme Court at Florida which reversed the ...

Factual Background

The Respondent in this matter, Abel and his friends were indicted with bank robbery in the District Court, with his cohorts pleading guilty to the charge as framed. The respondent however, denied the offence and the matter went for trial whereby one of the cohorts named Ehle agreed to testify against him. The respondent then made known to the court of his intention to discredit the testimony by Ehle by calling a witness named Mills who would testify to the effect that Ehle had admitted to him that he intended to implicate the respondent so as to obtain favorable treatment ...

Admissibility of the statement made by Martin to Justice

One of the rights protected under the Fifth Amendment is the right against self incrimination or the right to remain silent (Fireside, 1998). Essentially, the right protects a person from either being compelled to make an incriminating statement, or the same statement being used against the person. Accordingly, a statement obtained from a suspect in violation of this right is not admissible in court, and may be suppressed. However, a statement made voluntarily without any coercion is not protected under the amendment, regardless of how incriminating or ruinous it may be. This was established in United States v. Washington. The court further ...

Introduction

While there are many forms of business as far as the law is concerned, all types of organizations have un9ique advantages and demerits. Apparently, the advantages and disadvantages are rooted in the legal capacity of a business. The common types of businesses available are sole proprietorship, corporation, Limited Liability Company, partnerships and the unlimited liability companies. Fundamentally the primary differences among all these forms are rooted in the liability status of the business in relation to the owners and providers of long-term finance (Emerson, 2009). Notably, unlimited liability means that the liabilities of the owners are limited to the extent ...

The Sandusky Scandal

Penn State and the ethical dilemma of the Sandusky scandal The Pennsylvania State University or Penn State, has been in the grips of public outrage over the manner in which it handled reports of sexual assault against its minor students at the hands of Gerald A. Sandusky, one of the senior most members of its football coaching team. On June 22, 2012, Sandusky was found guilty on 45 out of 48 counts of criminal charges which including sexual assault on minors. Most of these crimes took place between the years 1998 and 2002 when Sandusky was associated with ...

Hospitals face a number of challenges regarding security and sharing medical records. On one hand, they are being asked to provide potentially lifesaving data with increasingly short turnaround times. On the other hand, they must preserve the integrity and security of a patient’s medical records. In addition to medical records, hospitals need to secure patient information regarding health insurance, addresses, next of kin, religion, in some cases sexual orientation and other sensitive personal data. In some situations health insurance carriers, lawyers, pharmacists, accountants and courts to release all or part of this information then call upon them. Often patients also ...

Because The Widget Co specializes in equipment manufactured for automobiles and has recently been awarded a subcontract for parts to be used in hybrid automobiles, it is essential that the counsel to be retained has a focus on Industrial Law, particularly relating to Contract Law. Intellectual property may be another factor to be considered in reviewing the subcontract, and the company’s tax structure may need to be readdressed. To ensure that any legal recommendation from counsel is in accordance with the ethos of The Widget Co, the selection process sought legal sources that identified a similar ethos of integrity, sustainability, quality ...

Introduction

The Canadian Charter of Rights and Freedom, generally referred to as the Charter, is a bill of rights found in the first section Constitution of Canada enacted in 1982. This Charter assures the freedom and rights, that is, civil and political rights, to all Canadian citizens and persons within the territory of Canada. This Charter replaced the Bill of rights that was enacted to the constitution in 1960 but was found wanting due to the fact that it was a federal statute instead of a constitutional document. A federal statute is subject to amendments by the Parliament and does not apply to ...

Question No. 1

The Crime control model poses the presumption that the criminal law is able to control crime without accounting for the fact (Roach, 1999). Under this model, the best way to control crime is by giving a fair treatment through adversarial criminal proceedings where the accused shall be represented by a defense attorney. Defense lawyers are not expected to invoke due process rights. In the crime control model, there are assumptions that fair treatment may be necessary for effective crime control and punishment may not be necessary to control crime. This model is attained by allowing the police and prosecutors as the ...

Facts: This case was filed by Ernesto Miranda and his 3 other co-defendants for failure of the investigating officers to warn them of their rights before conducting the custodial investigation. The defendants were charged for the crimes of rape, kidnapping and robbery. During the interrogation, the investigating officers failed to inform the Miranda of the legal consequences of the oral admissions made in the presence of the police officers (Burgan 25). Miranda claimed that the officers promised that they will drop the robbery charges if he will confess to the crime of rape. Miranda admitted that he had raped ...

Summary

McMinn is a doctor of philosophy. Most of his work concentrates on Christian counseling. Mark McMinn is interested in Christian counseling and the nature of life outside Christian counseling. In other words, the author is describing the life of a Christian counselor, the nature of his job and what his job entails.

The very first stages of Mark McMinn’s book start with an emphasis on the fact that the use of Christian faith in counseling was a noble idea; the incorporation of the modern day challenges with the virtues taught by the holy book was a perfect combination of paraphernalia to offer ...

Shura is regarded as a principle of good governance comparable to the Western notion of democracy with similar aspects and tending to move in similar direction. Indeed,the Shura principle is anchored in the Quran itself in which posits Shura as a principle of good governance rather than a system of governance. This departure is crucial when it is considered that the Quran essentially leaves it to successive governance regimes of the day in Muslim nations to continue to work towards achieving a more complete realization of the principle.

Shura as a principle is based on three key doctrines. These doctrines are that all ...