...History of the U.S. Criminal Court System CJA/491 Amy Miller 5-27-2013 Professor Angela Bradrick Introduction This paper will examine the historic development of the American courts. It will define common law heritage and discuss the evolution of American law. It will also discuss, compare, and contrast the evolution of the United States courts, including state vs. federal, and trial vs. appellate courts. Common Law Heritage and the Evolution of American Law Back in the time of medieval England, common law heritage was established. Because of the unwritten laws of this time, judges used customs and societal norms to determine what laws were sufficient for what crimes. These were considered judge made laws. Judges would decide cases by using past rulings and sentencing to determine current similar cases; this was called stare decisis (Meyer & Grant, 2003). It was important for judges to use this procedure, making it a less difficult to prosecute each case independently. According to Meyer and Grant (2003), common law was un-codified, meaning these were unwritten laws. As stated earlier, judges used previous verdicts to identify what forms of prosecution and sentencing of law-breaking acts would be implemented in current cases. Codified laws, or written laws were also defined by pre-existing customs, but they were written statutes in which society could familiarize with and recognize as a law. The changes came about, when the common laws were codified...
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...many ways such as whether Obamacare will remain or go, the jobless rate in the country and the economy. Each candidate believes he is the best choice for America, but the best candidate for bringing jobs back to the United States (U.S.) is undoubtedly Mitt Romney. This paper will compare and contrast why Mitt Romney, with his business expertise, economic stance and political experience, is better than Obama to accomplish the difficult task of creating and bringing jobs back to America. Introduction Barrack Obama assumed the role of President of the U.S. in January 2009. The unemployment rate at that time was 7.8 percent. By the end of his first year in the White House, unemployment reached an astounding 9.9 percent. Average unemployment during his first year was 9.3 percent. As the table in Figure 1 shows, employment in the U.S. has not recovered by much as we approach his fourth year as our President. (Bureau of Labor Statistics, 2012) President Obama may have a lot of experience in community service, but absolutely no experience as a businessman. His experience is that of an extremely successful politician, and politicians are the ones who have created the economic mess we are in today. It is time we all realized that the U.S. Government is a for profit “business”, and needs to be managed as such or the country will go bankrupt taking all Americans into bankruptcy with it. (Atkinson Jr., 2012). Business Experience Mitt Romney has an extremely successful...
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...this new government had fallen short of the expectations of the people it was intended to govern. The weaknesses in The Articles of Confederation were numerous and had, in the thinking of many prominent men of that time, failed and would lead to a state of anarchy. There was such a sense of urgency to amend it that there seemed to be an atmosphere of panic among many of our Founding Fathers. John Dickenson and fellow members of the 2nd Continental Congress, weary of monarchy rule, had created the Articles of Confederation as a listing of twelve specific Powers given Congress by which to govern. Legislation required nine votes to pass. Each state had only one vote and this was problematic to the larger states, as their problems, more often than not, were based on a larger population and it was not unusual that the smaller states didn’t understand or want to pay for the solutions. Some lesser acts did not require nine votes to pass, but simply a majority of those present. Acts of Significant Consequence did require nine votes. The trouble with all of this was that even if nine votes could be achieved, there was no enforcement of law to be implemented by Congress. Congress could make law but not enforce it. It could charge states for their share of national indebtedness, but lacked the power to collect. Congress could approve military provisions...but not raise an army without nine votes. Congress could borrow money on credit of The United States…but wasn’t...
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...Policy Briefing Education Reform Jatin Patel December 10th, 2012 Statement of Issue How can the federal government decrease student loan debt in the country and still provide an education to those whom want to seek it? Every summer millions of college students throughout the nation depend on Federal Financial Aid to help pay for school. In the midst of the election season the Republican candidate, Mitt Romney, voiced how he wants to end government funding. Currently, the nation provides direct government funding and Governor Romney is in favor of giving private banks and institutions the responsibility to provide student loans to those in need. Many people are deeply concerned with the issue at hand. Private Institutions vs. Government Disbursement The educational reform is a debate that is widely argued between the two presidential candidates. The current system of how student loans are disbursed in the United States is not perfect, but it is working. Both candidates are in favor of receiving higher education, but differ on how individuals should pay to learn. Throughout the presidential debates both candidates took a firm stand as to where they both stand on the topic of student loans and government funding. College tuition costs are increasing at a rapidly linear rate each and every year. The problem is college students today are taking on the burden of steep student loans and left without a job upon graduation. The average annual cost to attend a four-year...
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...I’M INTERESTED IN IT I picked this Key Term due to relevance of the Euro and the European Central Bank in my previous work and current work experiences. I was previously employed with the Federal Reserve Bank, which is the main decision maker for all U.S. currency, and monetary policies. In my current position, the company I work for is headquarter overseas, and has offices located in countries that are members of the European Central Bank. I think researching the European Central Bank, will be very useful to have a more thorough understanding of currency and business practices in within the European Union. In addition, gaining the knowledge of what requirements are needed to join the European Central Bank, and the monetary policies these countries must abide by in order to maintain membership will be insightful towards my GBCA paper, since my country is member of the European Central Bank and European Union. EXPLANATION OF EUROPEAN CENTRAL BANK The European Central Bank is the central bank for nineteen European Union members. The central bank is responsible for all monetary policies within the European Union, and sets interest rates across the nineteen participating members. Any nation that chooses to join the European Union much adopt the Euro as their currency except for the member states which have been exempted under the Maastricht Treaty (Great Britain & Denmark). Prior to membership into the Euro Zone, European Union member countries must adhere to and satisfy very...
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...criminal laws came about. The first part will consist of one Amendment of my choosing that is related to the protection of people, their property, or criminal law itself. The second part is on the specific powers that the federal government has been granted with to make criminal laws versus those our state governments have been grant with. The third part will define, compare and contrast the four main goals of our criminal justice system. Then the last part will explain what is meant by police power and the limitations to that power. In order to understand and interpret any one of the Amendments to our Constitution, we need to know what the word amendment means. The definition of the word amendment is a correction or alteration of a manuscript, document, or record usually to improve it according to The American Heritage® Dictionary (The American Heritage® Dictionary, 2012). The Amendment this report will talk about is the Fourth Amendment. This Amendment is the search and seizure amendment. The Fourth Amendment to me means that the government cannot conduct unlawful searches and seizures of any one person and their property (Territo, Halsted, & Bromley, 2004). I think that the purpose of this Amendment is important because it protects us all from the government in invading our privacy and the police from using their power to investigate a crime without probable cause. Another thing that goes along with this is the police need a warrant in order to search and seize people and...
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... Sara Torocco and Rexhina Elezi RE: Federal Budget Proposals DATE: October 2, 2012 This memorandum analyzes the federal budget proposals currently being debated. Detailed information related to the components of budgets is also provided. Focusing mostly on the issue of Medicare, this memo identifies how Medicare will change in future years. The following compares and contrasts the overall budgets and Medicare budgets for each of the federal proposals, and also presents an argument against Congressman Ryan’s proposed Medicare budget. U.S “On-Budget” Surplus and Deficit Historical Data Presented below is the United States surplus and deficit data according to the historical tables provided by the Office of Management and Budget. * The United States on-budget has ran a deficit for the majority of the years between 1990 and 2011. * The years 1999 and 2000 both ran a surplus on-budget. * See chart no. 1, page 6. Federal Government “Off-Budget” Financing * Federally owned and operated entities that are off-budget do not affect the federal budget. The revenues and expenditures of these organizations are not included in the calculation of the federal deficit or surplus. * When the off-budget entities have a surplus, the Federal Government can borrow the money. The surplus in the Social Security Trust Funds is a large source of borrowing for the Federal Government (Penner, 2007). The government uses these borrowed funds, along with other...
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...POLI3001 Assignment No. 2 Briefly compare the political regime type in China and India. Which of the two would you prefer to do business in and why? India and China are two republics that have experienced very opposing political regimes throughout history. China has been fundamentally stable country with a lack of a distinct authority figure (Desai, 2003). Being a single party state China has been controlled by the Chinese Communist Party since the 5th National Congress held in 1927 (Wang, 2013). Correspondingly India, have always been a federal parliamentary democratic republic where the President of India elected is head of state and the Prime Minister elected is the head of government (U.S. Central Intelligence Agency, 2013). This essay will reflect on the political views of both China and India, and attempt to determine why it is more advantageous to do business in India. Government regulation is the process of dissemination, monitoring and enforcement of policy established by appropriate legislation. In, China regulation is central as particular industries are not accessible to foreign investors as the Communist Party aims to restrict external influences on its own population (Desai, 2003). An estimated 90 percent of companies listed on the Chinese exchanges are either partly or fully state-owned (Desai). Retaining a level competition base is significantly reduced, as the chances of competing against a government owned company is more than likely. A good example...
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...groups involved. Compare and contrast the strengths and weaknesses of each organization from patient, provider, administrator, and third-party payer perspectives. Provide at least 2 suggestions for each organization to minimize the identified weaknesses. Summarize which organization you would rather be part of, using rationale. Abstract There are many differences that for-profit and not-for-profit organizations have between one another. Research has been conducted on one not-for-profit organization (VA hospital) in a for-profit organization (Baptist Medical Center) and the strengths and weaknesses from a provider’s and patient’s perspective in which organization would be a better choice to be part of. Not-for-profit hospitals are recognized for their charitable intentions. Not-for-profit hospitals have a habit of being larger and also have a tendency to be training hospitals. The earnings that not-for-profit hospitals receive are reinvested to enhance the quality care that is offered at these hospitals. Their earnings are also invested into community programs, which in turn can provide little to no fee to those individuals who are considered to be low income families and also maybe uninsured for the services of these programs. The purpose of not-for-profit hospitals is to assist healthcare within their community without concern for a patient to have the ability to pay for these services. Not-for-profit hospitals are also excluded from paying state corporate income...
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...Online Discussion 1: Environmental Policy under a Parliamentary System As we learned in last week’s lesson, the Canadian system of government can pose challenges to the setting of environmental policy. Let’s explore this issue in our discussion this week by considering the following questions as well as any ideas relevant to this issue that you think of as the discussion progresses. You do not need to address all of these questions in a single post - in fact, it is probably better to limit each post to one or two well argued points. Do you think our federal-provincial system of government makes it impossible to pass effective environmental legislation? Would you change anything about the division of powers between the federal and provincial/territorial governments in order to improve the design and implementation of environmental policy in Canada? Is environmental policy superior in the United States (can we learn any lessons from their approach including things to avoid)? Can you find any examples of successful provincial/federal cooperation on environmental policy implementation in Canada? Finally, do you think that we are in for a new era of environmental policy cooperation with the election of a new government this fall? Post 1: Hi Kristen, In addition to your extensive research on the comparison of both the US and Canada’s differences in environmental policy, I have done some research myself and have read an interesting article that discusses lessons from America...
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...law through a series of Supreme Court cases. Since at least 1914, the Supreme Court has been concerned with the use of illegal means by the police to seize evidence in violation of the Constitution, and then using that evidence to convict a defendant in court (Dempsey, J., Forst, L., 2011). The court continually warned state courts and law enforcement agencies that they must amend their procedures in order to comply with the U.S. Constitution or risk the exclusionary rule being imposed on them as well. By 1961, the Supreme Court, noting that the state courts had not amended their procedures to conform to the Constitution, applied the exclusionary rule to the state courts and law enforcement agencies, as well as federal ones. The following cases Weeks vs. United States, Rochin vs. California and Mapp vs. Ohio, I will compare and contrast each individual case. I will also explain the effects that the ruling decision by the Supreme Court had on evidence obtained from police search and seizure. The first case I will focus on is Weeks vs. United States, in which this was the first case in U.S. history where the exclusionary rule was used. This case involved federal law enforcement personnel entering an arrested person’s home and seizing evidence without a...
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...much does state intervention in the media system vary between Malaysia and the United Kingdom? In 2012, Freedom House ranked Malaysia 144th out of 197 countries in their press freedom survey, labelling it “not free” because it continues to stifle the voices of critical journalists. How is it possible that a former colony of Britain, a nation with a free press tradition, ended up in this scandalous situation? Let us compare the media systems of the United Kingdom (UK) and Malaysia today. Autonomy vs. state intervention It is common to hear that the Malaysian journalistic field is restricted in reporting political and public issues (Kenyon, 2010). As one of many developing countries that support the guided press notion, the Malaysian government argues that by curbing certain freedoms within the mass media, the aims of national development can be met (Raj & Sreekumar, 2012). As a result, Malaysian journalists are swallowed in boundless lengths of red tape – all of which are adversely used in the government’s favour to constrain the media’s freedom of speech. Some of Malaysia’s legislations can be traced back to their inception during the British colonial period (Omar, 1996). In the face of a Communist insurgency in 1948, a state of emergency was declared. The Malayan Emergency, as it was dubbed, marked the beginning of a series of media campaigns implemented by Government Information Services to impede subversion and infiltration while promoting loyalty to the government (Lent,...
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...Analyze and evaluate each case independently by providing the following (about two paragraphs per case): In 1948, Andrea Perez, a Mexican-American woman, and Sylvester Davis, an African-American man,filed a lawsuit against the Los Angeles County Clerk W.G. Sharp (Perez vs. Sharp, October 1, 1948).Earlier, they had sought a marriage license from the Los Angeles County Clerk’s Office but were denied such because Perez was racially classified as white and Davis as negro. “In this proceeding in mandamus, petitioners seek to compel the County Clerk of Los Angeles County to issue them a certificate of registry (Civ. Code, § 69a) and a license to marry. (Civ. Code, § 69.) In the application for a license, petitioner Andrea Perez states that she is a white person and petitioner Sylvester Davis that he is a Negro. Respondent refuses to issue the certificate and license, invoking Civil Code, section 69, which provides: ". . . no license may be issued authorizing the marriage of a white person with a Negro, mulatto, Mongolian or member of the Malay race." At the time, under California state law, no marriage license could be issued between a "white" person and a "negro" person. Petitioners contend that the statutes in question are unconstitutional on the grounds that they prohibit the free exercise of their religion and deny to them the right to participate fully in the sacraments of that religion. They are members of the Roman Catholic Church. They maintain that since the church has...
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...Investment Vocabulary A Accretion of a Discount: A type of portfolio accounting in which there is a straight-line accumulation of capital gains on discount notes and bonds. Accrued Interest: The interest accumulated on a security since the issue date or since the last coupon payment. The buyer of the security pays the market price plus accrued interest. Active Market: A securities market in which a high volume of trading activity takes place. Advance Refunding: A treasury operation that offers owners of outstanding federal obligations the opportunity to exchange securities for longer-term issues that may bear a higher yield to maturity. Advance refunding on a municipal bond refers to the sale of a refunding issue several years prior to the issue's first call date, with the proceeds being held in trust. Also called prerefunding. Advancing Market: A market in which prices are generally rising. Agent: Executes an order for or acts on behalf of someone else, the principal. The agent, whether a firm or an individual, is subject to the control of the principal and does not have title to the principal's property. The agent may charge a fee or commission for this service. All or None (AON): An all or none order requires that none of the order be executed unless all of it can be executed at the specified price. An AON order usually involves an offering of new securities. American Stock Exchange: A leading securities exchange located in New York City. Also called AMEX or ASE. Amortization:...
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...| [pic] |College of Criminal Justice and Security | | |CJA/204 Version 2 | | |Introduction to Criminal Justice | Copyright © 2009 by University of Phoenix. All rights reserved. Course Description This course is an introductory overview of the organization and jurisdictions of local, state, and federal law enforcement, judicial and corrections agencies, and processes involved in the criminal justice systems. It examines the historical aspects of the police, the courts, and the correctional system, as well as the philosophy. Additionally, career opportunities and qualifying requirements, terminology and constitutional limitations of the system will also be covered. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: • University policies: You must be logged into the student website to view this document. • Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending...
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