...“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.For 225 years Americans have held this right. This is the eighth amendment. In 1791 this amendment was made, part of the Bill of Rights. During this time a document called the Constitution was being proposed. Many liked this idea, but many opposed. The people that opposed thought the Constitution would grant too much power to the federal government, and they were afraid their rights would be taken away. So the Bill of Rights was written to guarantee citizens their rights. This specific amendment was added so there was no excessive bail and no cruel and unusual punishment. In England citizens were thrown in jail for small things and then the bail fine was very high. It was quite unfair and many did not want that to happen again. Also there was cruel punishments like torture or hanging. This amendment is quite interesting. When someone does a horrible act should they be punished with death? Is that cruel...
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...judicial. Each of these areas have different responsibilities and is to be independent of each other. There is a checks and balances system formed by the constitution, so that no one branch of government has complete power over the affairs of the United States. The legislative branch which consist of the Congress and the Senate job is to propose and enact laws, to legislate. The function of the executive branch to make sure these laws are put into effect through several governmental departments. The president is in command of all governmental departments and offices. Health and Human Services (HHS) is the relevant example for us here. And it is the business of the judiciary (the courts) to “adjudicate”—that is, to make judgments about who is right or wrong according to the law as in (a) disagreements between citizens (civil law), (b) deciding the guilt or innocence of citizens who disobey laws (criminal law), and (c) disagreements between citizens and government agencies (often administrative law). Court orders reinstating an (“unfairly”) terminated government disability benefit or revoking the commitment of a person to a mental institution are examples of checks and balances in action. Public programs are established through legislation, which usually begins with a group of people concerned about a growing issue within a community or even nationwide. In order for an interest group to establish a public program, the concern must go through eight legislative tasks. In the first task...
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...“Should we permit the government to suppress our rights and censor violent entertainment?” Bills are being put forward to manage video games, banning minors under the age of 18 to purchase "mature" rated video games. In the United States Supreme Court case known as Brown v. Entertainment Merchants Association, seven out of nine justices were against regulating video games, justifying it as the first amendment right of free speech. What originally raised awareness to video game violence was the assumption that the offensive content in question has a positive correlation with aggressive and violent adolescent...
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...Diplomat Benjamin Franklin was a member of the Founding Fathers of America based on his work with the Declaration of Independence, alliances with France and most importantly what he added to the US Constitution. He is “Known to be the only Founding Father that is a signatory of the US.” Franklin was assigned a position of justifying America’s political separation from Britain by the Continental Congress. He was accompanied in signing the Declaration of Independence by Thomas Jefferson, John Adams, Robert Livingston and Roger Sherman. With his experience, he “Participated as a delegate to the constitutional convention in Philadelphia.” Franklin began his career in politics after moving to England in the early 1760’s. There he was exposed...
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...Law State Constitution – LAWS 2501 T – Course Paper Topics Each of these three essay topics is intended to enhance your understanding of an aspect of this course. You are to select one topic below and write an essay on the topic- note: unless approved by me in writing papers on other topics will not receive a passing grade. You are expected to research and make sense of the topics independently; I won’t be able to answer “am I on the right track?” types of questions, or to comment on any drafts before your final copy is due on, or before, midnight November 25, 2013. Despite the foregoing, I am available for consultation on your paper, please contact me if you need assistance. Make sure you address the various aspects of the topic necessary to answering the question. You must independently assess how much space to devote to each aspect, depending on the importance it appears to have in the context of the question as a whole. The body of the paper’s text is strictly limited to between 10 and 12 double spaced pages. It is to be written in 12 point font, and include a title page, page numbers, footnotes, bibliography and citations following the Canadian Guide to Uniform Legal Citation (McGill Guide) format.Please note that overdue essays without valid excuse (e.g. death in the family, illness, injury) will be penalized 4% for each calendar beyond the deadline. Any paper more than seven (7) days late will automatically receive a failing grade. Essay Topic #1 On September...
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...the time the Declaration of Independence was adopted in July 1776, the Thirteen Colonies and Great Britain had been at war for more than a year. Relations between these two countries had been deteriorating since the end of the Seven Years' War in 1763. Throughout history, there were very few documents that changed the way our nation views politics and carry on with our everyday lives. The Declaration of Independence changed the course of history by giving America freedom from Great Britain. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty and the pursuit of happiness. One of the best known sentences in the English language comes from the Deceleration of Independence (Lucas). The passage has often been used to promote the rights of marginalized people throughout the world, and came to represent a moral standard for which the United States should strive. (As of November 13, 2011 the Charters of Freedom listed on their website) “Drafted by Thomas Jefferson between June 11 and June 28, 1776, the Declaration of Independence is at once the nation's most cherished symbol of liberty and Jefferson's most enduring monument. The political philosophy of the Declaration was not new, its ideals of the...
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...messages they may be listening to on a certain album. Then there is the party that feels censorship at any level shall not be present. It is suppressing one’s First Amendment rights in freedom of expression and also suppresses an artist abilities to fully paint a vivid picture with their lyrics to the audience. The last group believes that censorship is a must, and that any songs that carry the censored material shall be taken off of the shelves. That specific group believes that contaminating society with explicit lyrics should not reward artists. The side that believes censorship of music should not exist at all states that music is a form of art. Many tend to separate music from forms of art, such as paintings and poetry. However, the lyrics in the music are an art form as well, and they cannot restrict that due in part to the First Amendment. It is part of our Bill of Rights as American citizens, and no governing powers can take that away from us. Also, society favors contemporary words; for it is contemporary words that challenge radical ideas and impressions. It was through expression and challenging words on paper that sparked messages through many individuals(i.e. the American Revolution). The negative side believes that censorship in music should be present and take a strong hold over justifying what should and should not be played for the audience’s...
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...balance system guarantees both Congress and the president can oversee each other`s powers and veto its opponent`s decisions. Especially when the ideas come from female, Congress is always hard to be persuaded on these opinions. In the very beginning, there was no business related to women in this inherent war because those sexist founding fathers did not give voting right to female voters. After ladies got right to vote from the Amendment XIX of the Constitution, American women thought that they finally have same discourse power equal to men. However, actually, even in today, it is harder for any female candidate to compete for power than a male candidate. It is because that the whole government system, which includes legislative, executive, and judicial, is biased against women. And people can easily find the evidence from Hillary Clinton, Sarah Palin, and Elena Kagan`s experience and encounters. Congress had defeated Hillary Clinton`s healthcare bill when she was still First Lady. This tarnished her reputation considerably, and was looked upon as a rebuke from Congress. The 1993 reform of health care was considered a bill would be submitted by Congress by most citizens. However, after an over one year debate, neither the Senate nor the House wanted to enact First Lady`s proposal into the law. Republican senators Bob Dole and Phil Gramm smeared Ms. Clinton with many sexist words. Congress made all the effort made by Hillary Clinton meaningless (Marafiote 1). By contrast with Obama...
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...This lead to framing a relationship on a quid pro quo basis i.e. you vote for me and I help you with grades. Irini Skoula is a Greek student currently taking her MSc in Accounting at a university in Holland. However, being an undergraduate student at the University of Piraeus, as she claims, drained her both psychologically and physically. It was difficult, she says, to endeavor and stand firm to the intellectual oppression that the university system ruled by the party factions, imposed to the majority of the students. “Most of us were there to learn and not to improve our prospects for a future political career” she notes with bitterness. In August 2011 a bill which revised the conditionality for the state funding of universities passed without previous precedent, as the 3/4 of the Parliament voted in favor of it. The bill which provided for many issues, focused on the selection process of the Deans and Board of Trustees....
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...Kelo vs City of New London The Kelo vs City of New London case is one that was decided by the Supreme Court of the United States with the issue involving eminent domain. Eminent domain is the transfer of property from one private party (Kelo) to a public party (City of New London), with proper compensation. The case brought to light the difference between what is considered to be public use and what is the best public purpose. Susette Kelo and fellow property owners owned property that was condemned by the city of New London to be used as further economic development. The properties were taken from the owners due to the fact a pharmaceutical company named Pfizer Inc, was planning to build a facility in the area which gave the New London Development Corporation the motivation to develop the surrounding area to help increase the current New London economy. The property was to be used as a redevelopment plan which was promised to generate 3,169 new jobs and tax revenues of $1.2 million per year. The court decided in a 5-4 decision that the benefits given to the community outweighed the benefits of Susette Kelo owning the property; the courts determined this as permissible public use under the Fifth Amendment. The City of New London had agreed with Susette Kelo to compensate for moving the Kelo’s house to a new location and substantial additional compensation to other homeowners. The property eventually became an empty lot which was then transferred to a city dump due to...
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...including the Human Rights Act 1998. In the case of ‘common law’, the decisions of senior appellate court are included as law. European Union (EU) law takes priority and the European Convention on Human Rights (ECHR) protects those identified rights for the relevant stakeholders. Betten, L. (1999) A key distinction is made in terms of civil law and criminal law. Civil law deals in areas such as family matters, employment and contracts; whereas, criminal law is applicable when it is believed that a crime requires an investigation. Speaight, A. (2012) EU laws have considerable influence in a number of areas related to business and human rights and many treaties and directives are applicable in the UK for employment, security and freedom of movements. European law is highly applicable especially in terms of rights at work and business related law. Betten, L. (1999) English Law and its Sources English law is made up of common law - legislation passed by Parliament influenced by Europe. There are four main sources of English law 1. Statute law 2. Common law 3. European Union law 4. European Convention on Human Rights SOAS Library, Sources of UK Law (online, August 2012) Internal Sources of English Law 1. Parliament (Proactive) Statute law Statute law is composed of the acts and resolutions passed by Parliament. Most English laws are created by Parliament or with the help of parliamentary authority. Legislation is created through passing bills in...
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...Unit 9: Final Essay Exam Project Lisa Bowser Kaplan University CJ305: Legal Foundations of Criminal Evidence Prof: Anthony Gurrola June 14, 2012 Physical Evidence The five ways that you can authentication or identification process would be: A. Testimony of a witness that has first knowledge of the crime. B. A non-expert who is familiar with a person’s handwriting and did not gain knowledge of the handwriting for purpose of the litigation, such as a spouse or roommate. C. Allowing the jury or expert to compare the object to an example and decide the authenticity. D. The distinctive charaistics and surrounding circumstances such as sending a bill to an address and receiving payment from the bill. E. Voice identification that can be learned from firsthand or through a mechanical or electronic transmission such as a television or digital answering device("Rules of evidence," 2011). The six ways that photographic, recorded and computer generated evidence can be used in a trail are: 1. To show the scene of any incident, including the crime, 2. To demonstrate a theory as to how events occurred or might have occurred, 3. To record the behavior of a party or witness, 4. To document surveillance of an individual, 5. To record police lineups, identification procedures and the act of identification itself. 6. To record activities of those being investigated for driving under the influence, including the administration of field sobriety tests ("Rules of evidence...
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...THE UNIVESITY OF ZAMBIA SCHOOL OF HUMANITIES AND SOCIAL SCIENCES DEPARTMENT OF DEVELOPMENT STUDIES NAME : KALUBA PHIRI QUESTION: ENTREPRENEURS ARE BORN. DISCUSS The main objective of this essay is to discuss whether entrepreneurs are born or made. It will start by giving an elaborate definition of an entrepreneur and also highlight the characteristics which they possess. It will thereafter discuss with valid points raised on both angles of whether entrepreneurs are born or made. It will therefore justify with persuasive evidence that entrepreneurs are made. Finally a conclusion will be drawn. The entrepreneur character is one of the characters which strongly influence business around the world. This explains the need to understand the profile of such a character. An entrepreneur is a person who creates a new business, taking risks in achieving the objectives which they propose, to make profits and growth by identifying some important opportunities. An entrepreneur manages important resources, which he or she draws from different sources on a major power to persuade those who hold them. Many experts have sought to understand and describe the personality of the entrepreneur, because, although many people have good ideas to start a business, some turn these ideas into concrete businesses (Shapiro 1975). Burdus (3, 2007) An entrepreneur is said to be "a person with...
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...historically imperfect document with certain loopholes in its language, provisions, and direction, which allow undemocratic structures/processes and inefficiencies in government. While Hertzberg’s direct arguments are generally persuasive, the implicit suggestions of his views regarding the flaws and less favourable implications of the U.S. Constitution provide stronger support for introducing major changes into this document. As suggested earlier, it not difficult to agree with Hertzberg’s assumptions that the U.S. Constitution needs to be overhauled. Hertzberg identifies a historical ground for justifying substantial changes to the Constitution: individual Amendments were inadequate in defining the tasks and limitations of the judiciary that, in turn, may work against the interests of the minority. The author notes that although issues such as institutionalized slavery and right to suffrage were already addressed by constitutional amendments, the execution and interpretation of laws remain problematic because the Constitution does not comprehensively define “the exercise of unelected, unaccountable, unchecked,...
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...In the time between 1850 and 1861, slavery became a major conflict within the American government and its citizens. In determining whether the Constitution is a source of disunion in the United States, it is important to look at different angles of interpretation. Morally, interpretations of the Constitution influence the rights and wrongs of slavery and the laws along with it. Socially, principles and provisions of the Constitution allow for the states to grasp rights, but also allow others to limit them. Politically, viewpoints from political figures on the Constitution bring forward ideas and opinions on laws regarding states’ rights and disunion. By the 1850s, the Constitution became a factor in the failure of the Union due to the opposing...
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