...sentencing, the courts adopted the law. These longer more harsh sentences have had a positive outcome on the war on drugs. It has helped by getting offenders off the streets and the substances out of the hands of Americans. The criminals that are being sentenced to these long terms deserve the time they are given because they chose to break the U.S. law and came into contact with illegal controlled substances. By giving these mandatory minimum sentences, the criminals are off the streets and away from the pressures of drugs and crime where they used to live, and have the chance to regain a new life through prison rehabilitation. The mandatory minimum sentences are given not only to help punish criminals individually, but also to help the judicial system by way of giving the judges a guideline and a standard to enforce in court. As discussed in "The House I Live In", the start of the1950s brought a large influx in narcotic drug use in the United States. This greatly supplemented the already high drug use in urban America. Although the drug use was centered in a very small majority of the population, it was putting a large burden on society. With this burden, the United States politicians...
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...Judicial Review The power of judicial review allows the judiciary to review the acts of other branches of government as well as the state. Judicial review is important because it admits the Judicial Branch to check the power of the Executive and Legislative Branches, making them to abide by the rules of the Constitution. The Judiciary Act of 1789 created the Federal Judicial System as well as the Marbury V. Madison case, which formed the basis for the exercise of judicial review in the United States. The Judiciary Act of 1789 created the three levels of the federal court system. At the bottom of the system is the federal district court. The district court is a state of federal trial court. One could appeal their case to the circuit court if they were unhappy with the district courts verdict. The circuit court, or now known as the court of appeals, was first created to work as a trial court for important cases. After 1891, the circuit courts started to focus only on reviewing the findings of the lower courts. The last level of the federal court system is the Supreme Court of the United States. The Supreme Court is the highest federal court in the United States. It consists of nine justices and it ranks over all of the other courts in the nation. In 1803, The Marbury v. Madison case declared the power of judicial review. This was the first time the Supreme Court overturned federal legislation. In return, The Marbury v. Madison case greatly strengthened the power of the judicial...
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...judgement motion with the District Court to have the case brought by Citizens United dismissed. What is a summary judgement motion and why is it appropriate in this case? Summary judgement motion is when the court is asked to dismiss a case immediately. Its appropriate in this case because the film, Hillary: The movie, created by Citizens United clearly violates the McCain-Feingold Act. 2. Citizens United filed a request for an injunction in the same case. What is an injection and why is it appropriate in this case? An injunction is a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act. In this case is appropriate because the court is asking to forbid the further distribution of the film Hillary: The Movie. 3. What is at stake in the balancing act generally involved in the law-making process in a case like this? Balance in this case is between the spirit and the letter of the McCain-Feingold Act. 4. What is the negative rights theory of ethics and how does it impact this case? This theory argues that the rights created by documents are not real or just self made privileges that people created to protect themselves in case something goes wrong. In this case they argue that their right of free speech is in play. 5. The court stipulates that there are some very specific situations in which the government is permitted to censor free...
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...exacerbate the problems; the general dynamics of domestic violence make the problem difficult for courts to solve. Long-term monitoring of substance abusers and sex offenders may be unworkable or unconstitutional (Chris Woodworth). “While the Purposes and Responsibilities of Courts Core Competency requires knowledge of and reflection upon theoretic concepts, their history and development over time, this competency is practical. The Purposes and Responsibilities Competency gives meaning to, in fact properly grounds, day-to-day judicial administration and the other nine Core Competencies. Absent knowledge of the judiciary’s enduring purposes and continuing responsibilities, court leaders, both judicial and managerial, can lose their way as they and their court drift among seemingly unrelated issues and demands. Purposes and Responsibilities of Courts should never be confused with efficiency or even the constitutional means of the separation of powers, judicial independence, and the inherent powers of the courts. Courts exist to do justice, to guarantee liberty, to enhance social order, to...
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...their book Winner Take All Politics as discussed in class. Also be able to explain the meaning of majoritarian pluralism and biased pluralism as defined by Gilens and Page in their study, which I posted on Moodle Rooms for you. 3. Understand what Duverger’s Law is and be able to explain how SMD and PR electoral systems work and what their relative advantages and disadvantages are. 4. Understand the difference between “judicial restraint” and “judicial activism” (pg. 471) as well as “originalism” (pg. 468) and “living constitution theory” (pg. 469). 1. A Judicial Restraint * Argues the judiciary should usually defer to the judgment of legislatures 1. A Judicial Activism * Court’s unique role vis-à-vis legislatures * Conservatives do not always espouse Judicial Restraint and Liberals do not always espouse Judicial Activism 1.B Originalism vs. 1.B Living Constitution Theory 5. Know how a bill becomes a law. Be able to trace the key steps in the process in an essay question. (pg. 350-351) (Step) 1. Drafting (Step) 2. Introduction by member of Congress (Step) 3. Assignment to...
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... Winston Churchill Introduction:- A Constitution Bench led by Cheif Justice Sabharwal brought about the first binding change in the law of privileges in India in Raja Ram Pal V The Hon’ble Speaker, Lok Sabha. The Court held that the Power of Judicial Review under Article 13(2) would extend to the privileges on a case to case basis overruling its earlier decisions. In Raja Ram Pal the Court said: “That the Constitution is the Supreme lex in this Country is beyond the pale of any controversy. All organs of the State derive their authority, jurisdiction and powers from the Constitution and owe allegiance to it. This includes this Court also which represents the judicial organ.' In the instant case the primary question before the court was whether in exercise of the powers, privileges and immunities of the members of the parliament are the Houses of Parliament competent to expel their respective Members from membership of the House. If such a power exists, is it Subject to judicial review and if so, the scope of such judicial review and whether the court has the jurisdiction to try such a case. The aforesaid question have arisen against the allegation that the Members of Parliament (MPs) indulged in unethical and corrupt practices of accepting monetary consideration in relation to their functions as MPs. The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble...
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...June 2012- unit 2 Constitution Outline two constitutional reforms proposed by David Miliband. * Replacement of the current House of Lords with a second chamber elected using PR, this would strengthen the representative function of the legislature by providing more representatives who have genuine legitimacy by the use of PR- making the composition accurate to the votes cast. * The introduction of AV would to commons would not change the current constituency structure of the UK, and would also be a bit more proportional than the current Westminster system FPTP. Explain the arguments in favour of a codified constitution. * Codification is the only way of protecting individual rights and freedoms, the current quasi-entrenched HRA fails to do this, reflected in the conservative plans to replace it with a less powerful British bill of rights with will neither enjoy quasi-entrenchment nor a direct association with the ECHR. This shows how the government of the day can tamper with our rights in the absence of codification. * It may help prevent any further drift towards excessive executive power, codification will surely constrain possibly over-mighty governments who are easily able to alter to constitution. However, it may not necessarily be entrenchment de jure but possibly de facto, which would be unnecessary and fail to curb excessive executive power. * Codification will bring Britain into line with other modern democracies, the UK is one of three, including...
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...PRINCIPLES OF SENTENCING: TOWARDS A EUROPEAN CONVERSATION Paper delivered at Conference on “The Limits of the Criminal Law” at Leiden University, January 23, 2008 and subsequently published in Cupido (ed), Limits of Criminal Law (Nijmegen, 2008).[1] Tom O’Malley Senior Lecturer in Law National University of Ireland Galway First, I would like to extend my warmest congratulations to the students of Leiden Law School for having organised this conference. Thanks to their vision and energy, representatives from several European countries have gathered in this historic venue to discuss some key aspects of criminal law and criminal procedure. More often than not, we think of European law solely in terms of European Union law, the jurisprudence of the European Court of Human Rights or both. Needless to say, the study of European law even in this limited sense is of the highest importance given its impact on our national legal systems and our daily lives. However, growing levels of legal and political integration now demand that we broaden our vision of European law to encompass the domestic legal systems of individual European states. Some work has already begun in this regard,[2] but it is only on rare occasions such as this that we can engage in a meaningful exchange of ideas and information on areas of common concern. Criminal justice is a most appropriate and worthy topic with which to begin. In times past, sentencing would not have featured very prominently...
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...Judicial Review: proposals for reform December 2012 Consultation Paper CP25/2012 Consultation start date: 13 December 2012 Consultation close date: 24 January 2013 Judicial Review: proposals for reform Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty December 2012 Cm 8515 £16.00 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or email: psi@nationalarchives.gsi.gov.uk Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to Michael Odulaja, Administrative Justice, Court and Tribunal Fees and Coroner’s Policy Team, Ministry of Justice, Post Point 4.34, 102 Petty France, London, SW1H 9AJ. This publication is available for download at www.official-documents.gov.uk and on our website at www.justice.gov.uk ISBN: 9780101851527 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID 2529331 12/12 Printed on paper containing 75% recycled fibre content minimum. Judicial Review: proposals for reform Contents Foreword 1. Introduction 2. Background 3. The case for change 4. Time limits for bringing a claim...
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...Case: Crunk v. Glover (1958) Facts: A woman was denied an abortion by a doctor afraid to violate a Texas criminal statute prohibiting abortions except "for the purpose of saving the life of the mother." The Federal District Court ruled the statute unconstitutional; there was a direct appeal by Texas to the U.S. Supreme Court. A man’s finger was bitten off by a bear while attending a community auction. Issue: Does the Texas statute violate a constitutional right to have an abortion? Holding: (Vote: 7-2) Yes: The statute is unconstitutional because the constitution contains a right to an abortion. Majority Reasoning: (Justice Blackmun) A. Rule: The State of Texas asserts it’s rule (a law banning all abortions) is furthered by 2 interests: (1) Protecting prenatal life and (2) the medical safety of woman. The court accepts these interests, but rejects Texas’s absolute rule because: 1. There are 2 counter-weighing interests of the woman: a. The woman has a privacy right grounded in a "penumbra" of Amendments 1, 4, 5, 9, 14, because "activities relating to marriage, procreation, family relationships, and child rearing and education" are "fundamental" and "implicit in the concept of ordered liberty." b. The woman also has an interest in avoiding possible severe physical and psychological harm if an abortion is denied. 2. Also, a fetus is not a "person" within the meaning of the constitution, so it doesn’t get protection as a person. 3. Therefore, a proper rule balances...
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...SOC 205 Assignment 1 The State Judicial Selection Process Click Link Below To Buy: http://hwcampus.com/shop/soc-205-assignment-1-the-state-judicial-selection-process/ Assignment 1: The State Judicial Selection Process Due Week 5 and worth 200 points Each state within the United States has its own unique judicial selection process within its own court system. Using the Internet or Strayer databases, research the judicial selection process for different court systems from different states within the U.S. Court System. Write a five to eight (5-8) page paper in which you: 1. Discuss the judicial selection process of your state. Include, at a minimum, the qualifications and steps that are taken in order to select judges for the different kinds of courts within your specific state. 2. Choose a second state, and describe the qualifications and the selection process for judges within that state. 3. Compare and contrast for both states the qualifications necessary for a prospective candidate to become a judge. Next, identify the steps that the relevant persons / entities need to take in order to remove a judge from office for disciplinary reasons for each state. 4. Justify the selection process for the state that you believe has the best system in place. Justify the response. 5. Use at least three (3) quality academic resources. Note: Wikipedia and other websites do not qualify as academic resources. Your assignment must follow these formatting requirements: ...
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...SOC 205 Assignment 1 The State Judicial Selection Process Click Link Below To Buy: http://hwcampus.com/shop/soc-205-assignment-1-the-state-judicial-selection-process/ Assignment 1: The State Judicial Selection Process Due Week 5 and worth 200 points Each state within the United States has its own unique judicial selection process within its own court system. Using the Internet or Strayer databases, research the judicial selection process for different court systems from different states within the U.S. Court System. Write a five to eight (5-8) page paper in which you: 1. Discuss the judicial selection process of your state. Include, at a minimum, the qualifications and steps that are taken in order to select judges for the different kinds of courts within your specific state. 2. Choose a second state, and describe the qualifications and the selection process for judges within that state. 3. Compare and contrast for both states the qualifications necessary for a prospective candidate to become a judge. Next, identify the steps that the relevant persons / entities need to take in order to remove a judge from office for disciplinary reasons for each state. 4. Justify the selection process for the state that you believe has the best system in place. Justify the response. 5. Use at least three (3) quality academic resources. Note: Wikipedia and other websites do not qualify as academic resources. Your assignment must follow these formatting requirements: ...
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...had been honest and telling the truth on why he was discharged as an employee. Even though there are rules in place or acts in place when reemploying a returning Army employee, there are certain rules that have to be followed. Because certain rules in regards to postponement were not followed, this violated, the Uniformed Service Employment and Reemployment Rights Act or (USERRA), even though the delay was based on the employee’s alleged dishonesty. Explain how the reemployment provisions of the USERRA were violated in this case. The USERRA is in place to protect the rights of returning veterans when seeking re-employment upon return from service (Judicial Review, 2008). The reemployment provisions of the USERRA were violated in this case because Metro delayed re-hiring Petty by putting him through the return-to-work process. The department was also in violation because he was not given the position to which he was qualified. Explain why the court concludes that Petty has a claim for discrimination under USERRA. The court concludes that Petty has a claim for discrimination under USERRA because he had satisfied the stipulations for reinstatement—his petition for re-employment was timely, and his discharge was “honorable”. However, Metro did not conform with the act’s requirement to quickly reinstate Petty to his former position. When Metro raised Petty’s alleged dishonesty as a defense, the appeals court responded by reminding Metro that USERRA allows an employer...
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...be seen as rigid or flexible. Flexible meaning that laws can be easily changed, whereas rigid they have to go through a lengthy process involving some form of referendum. However, the feature I am analysing is whether the British constitution should be codified or uncodified. The UK is an example of an uncodified constitution. Uncodified means that, unlike other democratic constitutions, it has not been brought together into one single document. Should Britain codify their constitution similarly to almost every other constitution? A codified constitution means the constitution is all collected in one single document, it is commonly known as a written constitution. One hand there are arguments supporting the view that the UK should adopt a codified constitution. If it were to be introduced there is an argument that it would make the rules clearer. If they are in a single document, there are more clearly understood and create less confusion as they aren’t spread across several different documents. Another argument for codified constitution is that it would undermine the principle of parliamentary sovereignty. The government could not interfere with the constitution if it was codified they would not have unlimited political authority. Meaning the fundamental rights could not be altered under the parliaments command without an intense judicial process. Similarly, if the UK constitution was codified it would protect rights of citizens as they would be clearly defined and easier...
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...Remedies: Breach of Contract Introduction There are various remedies available to an innocent party where there has been a breach of contract. The main remedy is damages, but in certain situations, equitable remedies are available. 1. Unliquidated Damages Unliquidated damages are assessed by the court and are designed to compensate the innocent party for any losses incurred as a result of a breach of contract. However, where loss can not be proved, the innocent party will only be entitled to claim nominal damages. In the case of Surrey CC v Bredero Homes (1993), damages were not awarded defendant who had failed to comply with planning permission because the council had not suffered any loss. This can be contrasted with the case of Chaplin v Hicks (1911) where the court awarded damages to the claimant for the loss of a chance to win a competition. Unliquidated damages are not a means by which to punish the defendant and punitive damages will not be awarded for a breach of contract. They are also not a way to recover any gain made by the defendant as a result of a breach. Loss includes any harm or damage to the claimant themselves or any of their property, including any reduction of value of such property caused by the breach of contract. However, in calculating the loss and awarding damages, if the claimant has obtained any benefit from the breach the court will not usually allow the claimant to be put in a better position than they would have been had the breach not occurred...
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