...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...Name Customer Inserts Tutor’s Name Customer Inserts Grade Course (06, 07, 2012) Racism in criminal justice system Introduction Justice is a term that we hear a lot in our everyday life and also accept it although many of us might have a doubt as to what it truly means. Justice is the phenomenon through which we could achieve righteousness and equality. But unfortunately racism has been a common practice in the criminal justice system. Racism is actually discrimination against a group or individual based on color, social and financial status. It is something that occurs more than we notice. Many scholars believe that racism play a more important role in targeting and sentencing process in the criminal justice system and this is something which should not happen in any country no matter what. In order to understand the role that racism plays in the criminal justice system we must, first, look at the role that it plays before the criminal reaches the day of sentencing in the court. There are various publications that speak on profiling and actuarial methods which unwillingly get people into the system. Though these are two major components of the discriminatory acts that exist within the criminal justice system, it does not actually begin with these institutionalized methods. It is the laws and crime control policies that create discrimination in the system. It has been witnessed that in some instances these laws and policies are set in favor of the white people and in...
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...study. Secondly, I have focused on description of the processes in the adult American criminal justice system the offender would go through, starting with arrest. Further, I have highlighted the weakest and strongest links in the criminal justice process. 2. A brief description of the crime Based on reading of the Case study 1, it is revealed that there are two murders happened....
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...the U.S. federal banking system is now considerably more under pressure and scrutiny than ever before. As we have been seeing with the current liquidity crisis in the U.S., and how it has affected U.K. and Asian markets, strong, comprehensive policy-making is now crucial to sustaining long-term economic viability. The American economy is a complex balance of services, financial, manufacturing, agricultural, and banking industries. For this reason, the U.S. is a global economy, relying upon foreign investments and trade to create and retain wealth. Over the years, America has evolved from farming-based, to industrial, to a services-based economy. As a result, the banking system from its inception has weathered the many growing pains associated with a new government and currency, instituting regulations and a centralized bank to examine the economy, and implementing policies intended to offset factors negatively affecting the general financial health of the country. Despite the growing need for quick, precise actions by the Federal Reserve System, the decision-making regarding the economy is often met with controversy. The recent bail out plan, passed by Congress, faced skepticism and is still being questioned as to its effectiveness. As we have seen in the news, the Federal Reserve has taken a strong stance and defends its rationale for its response to the growing crisis. “For these reasons”, the Federal Reserve System,” while an American institution” is indirectly...
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...Robert Hickey CJS/ 201 March 14,2016 2 There are many different types of courts in the United States.The two types of court functions within the American Criminal Justice are state courts and the federal courts. This dual court system is the result of general agreement among the nations founders. The courtroom workgroup is an informal agreement between a criminal prosecutor, criminal defense attorney and the judicial officer (CJT 2015). These courtroom groups remain senior officers in court who determines the appropriateness of conduct (CJT 2015 pg276). The courtroom workgroup was proposed by Eisenstein and Jacob in 1977. Each member of the professional courtroom is dedicated to seeing a successful completion to the trial. In doing so they must follow a strict code of ethics as well as an almost reverent adherence of the law and its practice. At a state level, there are a limited number of judges and attorneys so there is a likelihood will develop and because of this personal feelings must be ignored and the pursuit of justice must be a top standard. The prosector plays an important role within the court system, they represent the rights of the citizens. This is assumed because the criminal charges pursed are an affront to the safety and security of the public. The prosector is responsible for presenting the people’s case against the defendant, and doing so in such a way that a conviction is likely. This likelihood is based on hard...
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...began a movement in America. This movement would forever be known as Occupy Wall Street. Taking over Liberty Square in the Manhattan Financial District in New York, a group of Americans began a nonviolent protest over the economic state in America. One of the stances that Occupy Wall Street held was that 99% of American’s economic well-being was controlled by the top 1% of Americans. This economic truth would no longer be accepted by this group of Americans. This group also called for solidarity inside of the 99% of Americans defining this in a set of principles. These principles involved a direct and transparent engagement of participatory democracy, exercising responsibility on collective and individual levels, empowerment of each other against all oppression, redefining how labor is valued, the sanctity of individual privacy, that education is human right, and that all knowledge, technologies, and culture be open to free access, creation, modification, and distribution (Stone, 2011)). Together in this movements solidarity they came together in New York to speak out about the injustices that they have suffered at the hands of corporations. These facts were that homes had been placed in foreclosure without the original mortgages, bonuses have been given to executives after corporations have received bail outs from taxpayers, the constant outsourcing of labor and using that ideal as leverage to cut workers’ healthcare and pay, and purposely keeping people misinformed and fearful...
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...Are Science and Religion in Conflict? Name PHI 103 Instructor Date The economic crisis that struck the world between 2008 to 2009 had such resounding adverse impacts that brought even the mightiest economies to its knees. Even at present, the far-reaching effects of the crisis remain almost palpable and may be seen in high unemployment rates, economies still in recession and seemingly insurmountable national deficits. The United States, where the crisis had its beginnings continues to suffer from the recession even if it is gradually recovering. The present problems in the Euro zone may be partly attributed to the recession of 2008. Because of these, many scholars, economic analysts, researchers and businessmen continue to endeavor up to now to discern what the real cause of the economic crisis was in the hopes that it will not happen again. Many people attribute the global economic meltdown to the collapse of the subprime sector in the United States. To put it simply, the mortgage sector was blamed for the crisis because of how many financial instruments were collateralized by mortgages of people who had bad credit histories. When too many of them failed to meet their obligations, it began a series of defaults that ultimately collapsed not only the mortgage industry but the financial industry as well. All those that have investments in both sectors, local and foreign entities, also became affected as they lost what they have invested...
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...A felony criminal charge is a crime, which originally involved confiscation of a convicted person’s property such as land. Felony includes quite a number of crimes such as battery, arson, burglary, aggravated assault illegal drugs and vandalism of federal property. A person who is convicted in any court for felony crime is called a felon. The criminal justice system is a series of institutions and practices within the government who are directed towards upholding social control, mitigation and deterring of criminal activities. The criminal justice institutions are also involved in sanctioning individuals who violate the laws as well as recommending rehabilitation of other convicted individuals. A certain procedure is applied when the criminal justice institutions are carrying out justice and fair ruling in felony crimes at the state and federal level. The entire criminal justice process for a felony crime involves a series of stages, which are closely linked and dependent. The first stage is usually investigation of the criminal while the last stage involves release of the felon after undergoing correctional supervision. Usually an accused individual is arrested after the necessary investigations have been carried out which will link the person to that particular crime. Arrests are usually carried out by police officers upon presentation of a warrant legalizing the arrest such that the suspect is held in custody awaiting the court hearings. The process of arrest require that...
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...essays and such awards could help to support your University Application as evidence of outstanding academic work and independent effort. How long and of what nature should my essay be? Your essay should be between 2,000 and 2,500 words (excluding notes and bibliography) and represent original and independent work. There may be a case for writing a slightly shorter essay if one of your universities requires a shorter sample essay. Supplying an accurate word count is in any case crucial. Your essay should aim to be quite a focused piece and be a work of analysis and interpretation rather than just description. You may need to seek advice on the planning, structuring and the title of your essay. Some modifications may be necessary for scientific submissions. Where will inspiration for my essay come from? Your essay may, or may not be, a further development of normal subject work (e.g. Physics Research and Analysis, English Phillimore, History Gibbon Prize etc); it may be on subjects which have no existing prizes; it may be on a subject which is not on the curriculum (e.g. Anthropology) or which is cross-curricular (e.g. English and History of Art); or it may have emerged from Cultural perspectives lessons, the Cultural Perspectives timed essay which you take at the end of this term, be inspired by Critical Thinking work or be a ‘further developed’ praebendum essay. You should state in a covering note how and why the essay came about. Of course, it may represent a completely...
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... Semester: Fall 2013 Instructor: Professor Nancy Davis Word Count: 2663 The European economy is in turmoil. The credit crunch in 2008 caused chaos throughout the global and European economic systems and highlighted the negligence of not only governments but also the financial systems in place. In the highly praised publication the Economist the author G. Tett writes “The European economy is in the midst of the deepest recession since the 1930s, with real GDP projected to shrink by some 4% in 2009, the sharpest contraction in the history of the European Union. Although signs of improvement have appeared recently, recovery remains uncertain and fragile” (Tett, 2013). A publication of this magnitude publishing this shows the utter chaos in the European Economy. The economy of all countries within the Euro has been greatly affected; it has also affected the surrounding countries around the Eurozone. The stronger European economies have recovered a great deal these include Germany, Sweden, England, France, Switzerland, Norway and Denmark. These countries have the most efficient systems and are the richest countries in the EU. The majority of the countries which are not part of the Euro and do not use that currency as a medium of exchange recovered the quickest, this is because they were not linked to countries with poor regulations and unstable governments....
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...Court Issues Analysis “The primary function of American criminal courts is to determine the legal guilt of the accused—that is, to determine if a person is guilty beyond a reasonable doubt of committing a crime”, they essentially take over where police left off (Robinson, 2009). Although there is more to the court system other than finding individuals innocent or guilty much, the courts are also responsible for establishing bail, operating preliminary hearings, ruling on the admissibility of evidence, and determining the proper sentence when a guilty verdict has been obtained. Though they perform many functions for the criminal justice system, there are many issues still facing the courts today. This analysis will discuss in detail, the current and future issues encountering courts and court administrators today. Also future management issues and trends concerning language interpretations services will be discussed, in addition to assessing the past, present, and future impact the victims’ rights laws have on court proceedings. There are several current and future disputes facing courts and court administrators today. One major factor that some may hold opposing views would be the use of plea bargaining in our court system. “Shockingly, more than 90% of felony cases in the United States in any given year are disposed of via plea bargaining” (Robinson, 2009). Criminal trials are responsible for determining the innocence or guilt of those in question, whereas plea bargaining...
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...SWOT ANALYSIS FOR AMERICAN AIRLINES American Airlines Group is a travel corporation affiliated with the oneworld Alliance. The corporation has major operating hubs in Charlotte, Chicago, Dallas/Fort Worth, Los Angeles, Miami, New York, Philadelphia, Phoenix, and Washington D.C. According to their website, they “operate an average of nearly 6,700 flights per day to more than 330 destinations in 54 countries.” STRENGTHS American Airlines has a distinct advantage in the travel industry by having 9 major hubs in different parts of the United States. Their focus on their market in the United States has given them the ability to reach all consumers in the country. As a oneworld Alliance corporation, American Airlines is also able to spread their reach to all corners of the world through the strategic partnerships of over 15 other airline corporations. This strategic alliance allows American Airlines to expand their capabilities and consumer base. Their rewards program, AAdvantage, is continually ranked among the best in the business and offers many privileges to members. American Airlines also operates several regional airlines, allowing them to reach several smaller airports beyond their main hubs. By merging with US Airways, American Airlines has been able to reach a larger share of the domestic airline market and is also able to combine the benefits of the experience of both corporations. WEAKNESSES American Airlines is in the pro...
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...University ------------------------------------------------- The Role of Federal Regulations in Corporate America Introduction Dishonesty, greed, cover-ups, and bail-outs are some of the things that come to mind when we talk about the America's financial economy. Are all the hundreds of pages of regulations laid down by the government working in America's favor or is it just another way for the CEOs and the executives for fortune 500 companies to manipulate the system and its people? The corporate governance system started with the corporate debacles and the ultimate crash of the stock market in the late 1920s. As a result government stepped in and created regulations such as the Securities Act of 1933 and 1934, to the ever so popular Sarbanes-Oxley Act of 2002, to the more recent Dodd-Franck Law of 2010. The aim behind these regulations is noble. They are formed to prevent fraud, misrepresentation, bring more transparency and above all, prevent another financial crisis. But, how successful are these regulations? Are we over regulated or are we in need for more regulation? Investors and common public's faith in our economy and capital markets is shattering, they are demanding accountability and responsibility in corporate behavior, and wants the government to take effective actions, in the form of regulatory systems, improved auditing, and stepped up law enforcement (Coglianese, Healey, Keating and Michael, 2004). Before we dig deep into the government regulations in place...
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...Investment Analysis UNDERSTANDING THE BAILOUT Understanding the bailout The turmoil in the mortgage and financial markets, but also fears of recession, have pushed the government to act in order to prevent further worsening of the crisis. As the situation was getting worse month by month, government bailing out one financial firm after another (Bear Stearns in March, AIG in September), and letting fail some (Lehman Bros), a more global approach to address the problem was needed. The bailout proposal, initiated by the Secretary of the Treasury, Henry Paulson, a former executive of Goldman Sachs, was intended to create an entity whereas the government was going to buy those mortgage backed securities from the banks in order to provide liquidity to the banks and clear their balance sheets of these unmarketable assets. Although nobody understands exactly what the plan is and how it will help the economy, since it has changed since the legislation was passed by the U.S. Congress (angering investors in the meantime), there is a consensus that the government will have to step in to clear up the mess on “wall street” and on “Main Street”. In order to understand why there is a need for a bailout, I will retrace the roots of the crisis up to the point where the government decided to intervene. Also, I will address the issue of how the measures undertaken will impact on the banks, the credit markets, mortgage markets and the overall economy. Finally, I will...
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