...and the maintaining public order has been a challenged for the American Justice system. There are two groups that are involved in this balancing act. One group is advocates for individual rights known as “Individual Rights Activists” and believes that personal freedom should be protected within the criminal justice system. The other group is known as “Public Order Advocates.” Their belief is that at times of public safety threat, individual rights should not be considered foremost. Throughout history, laws have been created to balance the two opposing sides (Schmalleger,2012). Beginnings in the 60’s new laws were created to give rights to Americans regardless of their sex, race, disability, ethnic background etc. These laws were the start of the Civil Rights Movement. Rights regarding suspects, jail and prison inmates, probationers, etc. were created that provided the same rights as a free person (Leo, 2004). These rights were created to balance the court system. Suspects were protected from illegal searches, given access to lawyers, due process but at the same time the safety of the public was taken into account. Depending on the crimes, suspects were either denied or given bail. One way to provide the rights of the accused if out on bail is to maintain an electronic monitoring device on the person for the public’s safety. At all times, law enforcement will know where the suspect is until court. Seattle has created laws that protect the public order by making it...
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...SCHEDULE 1 The Articles PART I The Convention Rights and Freedoms Article 2 Right to life 1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 2 Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary: (a) in defence of any person from unlawful violence; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) in action lawfully taken for the purpose of quelling a riot or insurrection. Article 3 Prohibition of torture No one shall be subjected to torture or to inhuman or degrading treatment or punishment. Article 4 Prohibition of slavery and forced labour 1 No one shall be held in slavery or servitude. 2 No one shall be required to perform forced or compulsory labour. 3 For the purpose of this Article the term “forced or compulsory labour” shall not include: (a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention; (b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service; ...
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...1. U.S. Constitution: the law of the land for the United States. It was ratified back in 1788 by the states. 2. Enumerated powers: certain powers given to the federal government from the states. 3. Checks and balances: a system built into the constitution to stop any branch of the government from becoming too powerful. 4. Supremacy clause: the clause of the U.S. constitution which establishes that the U.S. constitution and federal treaties, laws, and regulations which trumps all other laws here in the U.S. 5. Preemption doctrine: the concept that federal law takes superiority over state and local law. 6. Commerce clause: A clause of the U.S. constitution that grants Congress the power to regulate commerce with foreign nations, and among states, and with Indian tribes. 7. Interstate commerce: commerce that moves between states or that effects commerce between states. 8. Police power: power that permits states and local governments to create laws that protect or promote the public health, safety, morals, and welfare. 9. Unduly burden interstate commerce: a system which says that states may create laws that protects or promote the public health, safety, morals, and general welfare, as long as the laws don’t burden the interstate commerce. 10. Bill of Rights: The first 10 amendments to the constitution, which were added to the U.S. constitution in 1791. 11. Establishment Clause: a clause to the first amendment that prevents the government from either establishing...
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...THE CONSTITUTION OF MALAYSIA The Constitution is a document that contains the highest laws of the country. No other law can contravene the constitution. The Federal Constitution (Malaysia) we have today is based on the Constitution of the Federal of Malaya presented by the Reid Commission in 1957. The 1957 document was amended to suit the requirements of the enlarge federation and put into effects as the Constitution when Malaysia was proclaimed on 16 September 1963. SOURCE OF LAW IN MALAYSIA WRITEN: - Federal Constitution - Act ( laws enacted) - Enactment/ Ordinance - Written Islamic Law - Minor Legislations UNWRITTEN: - Customary Law - Court decisions - Common Law - Unwritten Islamic Law FEDERAL CONSTITUTION & STATE CONSTITUTIONS Malaysia is a federation of 13 states and the Federal Territories of Kuala Lumpur, Labuan and Putrajaya. The country has a central federal government and 13 states governments. The Federal Constitution provides for a separation of powers between the federal government and the respective state governments. This power separation is aimed at ensuring the smooth operation of the federal system and the avoidance of disputes that may arise between the central government and a state government. The extent of the Federal Government’s power is mentioned in the Federal List. Federal List - Foreign Affairs - Defense - Internal Security - Legal and civil agendas and crime and...
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...Assess the influence of a recent national policy initiative promoting anti-discriminatory practice (M2) In this assignment, I am going to assess the influences of a recent national policy which promotes anti-discriminatory practice. There are several national policies and legislations in place to make sure that individual’s are not discriminated against due to their circumstances. One of these is the Age Discrimination Act 2006. Age discrimination, or ‘ageism’, is defined by personnel today as “any prejudice or discrimination on the grounds of age”. When we talk of age discrimination in a work place, this is generally where someone has missed out on the opportunity to get a job on the grounds of their age, whether they are thought of as too old or too young. The Age Discrimination Act 2006 requires that all employment practices are based on skills and competences, rather than the age of the person. Not only does this policy have rules regarding getting employed, it has rules that must be followed when the employee is working. So, if an individual feels that they are being treated differently because of their age, they are able to make a complaint against that staff member/colleague and/or sue them. A strength of the Age Discrimination act is that when employers are looking for new staff members, they will employ staff based on how suited they are to the job. Sometimes, when employers don’t think that someone of an older age will be the best for the job, this can be a mistake...
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...A crucial argument that related to the First Amendment was, “Congress shall make no law respecting an establishment of religion, or prohibiting the Free Exercise thereof.” The Trinity Lutheran Church argued that there wasn’t a valid argument that excluded them from receiving the federal aid for school related purposes. Another argument that the Trinity Lutheran Church disputed was the prohibiting of the discrimination against religious affiliates due to the Free Exercise Clause. A previous case that was referenced was McDaniel v. Paty, which stated that churches can’t be disqualified from programs that promote public safety regardless of the church v. state laws. A direct quote of the opinion stated, “prohibiting the free exercise of religion means more than the direct coercion or criminal...
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...Joshua Blunt Mrs. James English Class 26 April 2012 Prayer in Public Schools The United States was founded primarily as a Christian nation, it's very philosophy built upon Christian ideals, such as the equality of all men. Like all things, these ideals were corrupted to suit the convenience of men, but it was founded upon them nonetheless. Because of this foundation, at it's inception the United States schooling system greatly supported Christian religion. Over the years, the abuses have built up, unfortunately on the side of Christians using their position against nonbelievers. This has caused an unfortunate backlash, which has seen every instance of Christian symbolism or teaching eagerly repressed by the so-called forces of order. But, in their zeal, these self-proclaimed crusaders have gone too far – they've taken Christianity off of it's pedestal only to replace it with an idol more suitable to their tastes: Secular Humanism. Secular Humanism has been classified by U.S. Courts as a religion, and is supported by public schools. In the case Washington Ethical Society v. District of Columbia, the Supreme Court officially stated that Secular Humanism “qualifies” as a religion under the first amendment. Yet many overlook this classification by the highest legal body in the country. Most public schools not only teach Secular Humanism openly, but they embody it in the entire school system. Atheism reigns supreme, evolution taught as fact, Christianity viewed as a relic of...
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...AN ESSAY WRITING ON SOLVING A WORKPLACE PROBLEM SUBMITTED AS PART OF THE CURRICULUM For THE LEGAL ENVIRONMENT (HRM 855) At SENECA COLLEGE OF APPLIED ARTS AND TECHNOLOGY TORONTO, ONTARIO CANADA By OLAMIDE ESTHER OLASEHINDE 055-962-138 18TH NOVEMBER, 2013 4,970 Words In this case I will be examining and provide possible solutions to a workplace problem On this day “2nd of April 2012”, walking into my office as the human resources personnel of Statham (a private) Manufacturing Company that deals with consumable-livestock products ranging from fish, meat located at Markham Ontario, an employee by name “Adam Jones” came lodging a complain that he sees to be of disturbing concern to him. Adam Jones, a 45 years old man from a Christian background was hired on the 6th of January 1997 and has been working for the company for 15 years. He started as a low level plant worker but has received lots of appraisals and due to his good performance. The new manager Grey wood who prefers to be called Mr. Wood was appointed into the company on 2nd December 2011 as the senior manager replacing the former manager who left the company to head a newly established branch. Adam as he is generally referred to by other co-workers was promoted to the main production section of the company with the newly appointed senior manager named “Grey Wood” who seems to have shown disgust to Adam right from the first day he came in contact with him at the company and this was...
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...Secular Society A secular society is a society strictly separated from religious institutions, which means there is no assigned state religion. Canada is a multicultural society, very accepting of all religious and cultural beliefs. Despite this, Canada is a secular society. There are many different religions in Canada, including Sikhism and Islam. While Canada is welcoming of these religions, each religion has its own battle with secular society. Accommodating everyone’s religion can be difficult, as seen through conflicts about Sikh males wearing the Kirpan (ceremonial dagger), and Muslim women wearing the Hijab. Sikhs and Muslims have conflicts with secular society. The Kirpan is a ceremonial dagger worn by baptized Sikhs. It is a requirement of Sikhism to wear the dagger at all times. This has caused controversy in Canada, because the Kirpan can be viewed as a weapon. The Kirpan was made into a mandatory article of faith for self-defense against oppression (not to be used with bad intentions of causing bodily harm). Despite this, there have been various instances in which the legality of the Kirpan has been questioned and disputed. One such event took place in Brampton in 2013. A grade three student at Copeland Public School wanted to wear the Kirpan during gym class. Administration was worried that “the Sikh ceremonial dagger could pose a safety risk during physical activity” (Brampton Guardian, 2013). Years before, in the early 90s, a high-profile human rights case caused...
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...Freedom of Religion or Belief - how the FCO can help promote respect for this human right “The UK condemns all instances where individuals are persecuted because of their faith or belief, wherever this happens and whatever the religion of the individual or group concerned.”1 SUMMARY Freedom of religion or belief is a human right whose enjoyment is important to achieving the UK’s strategic priorities, particularly as regards conflict prevention and resolution. It is a sensitive issue in many countries. These guidelines, elaborated with the help of specialist stakeholders, aim to provide a simple introduction to the issues for FCO posts and desks, an analytical matrix to identify problems, some general responses to frequently raised issues, and other resources for those who wish to go deeper into the subject. 1 FCO Human Rights Annual Report 2007, p. 106 1 CONTENTS What is freedom of religion or belief? Paras 2-9 Why is freedom of religion or belief important to the UK? Paras 10-11 What is needed to achieve freedom of religion? Para 12 Vulnerable groups and freedom of religion Para 13 Children and freedom of religion Para 14 Freedom of religion and freedom of expression Paras 15-19 Restrictions on freedom of religion Paras 20 – 25 What problems are Posts most likely to encounter? Paras 26 – 32 How can Posts help to promote freedom of religion? Paras 33 – 38 Regional mechanisms Para 39 Some basic...
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...[Industrial regulation pertains to the government regulation of firms’ prices or rates within industries. These regulations are in existence to prevent companies from forming a monopoly, to promote competition and achieve allocative efficiency.] (Brue, 2011) In the mid-1800’s industry began to grow and many companies were becoming monopolies by being dominant firms in their industry. They would drive up prices by using questionable tactics. Different businesses and consumers began to complain to the government about the unfairness of prices The government responded with the Sherman Act of 1890 making both monopoly and conspiracies to restrain trade criminal offenses. While the Sherman Act was for breaking up Monopolies, there was nothing in place to stop companies from using practices that would form a monopoly. Therefore, the government came up with the Clayton Act of 1914 this strengthened the Sherman Act by making it illegal for firms to engage in such practices. The communication, energy and water where industries were taking advantage of consumers. These three entities each have either have a high barrier to entry or is so unique that competitors stay out, they are therefor considered Natural Monopolies. They are business where the cost of service and or product can create a cost to the consumer that is lowest when created on a large scale typically with a single source supplier. A natural monopoly usually occurs when the first company to bring the service and or product...
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...word is Freedom of religion .If there is no freedom of religion ,all other freedoms are damaged.When freedom of religion go well, other freedoms goes well.If a person belive human rights , he/she should respect the other belief and he/she should respect being different because every people are equal and every people has different characters ,different opinions. Europe has different cultures ,different people but thet don’t have many diversity of religion.Generaly their religion is Christianity ,all the systems are based on the common background of Christianity and they have only 3 denominations.(Catholic,Orthodox and Protestant).Because of this it is not difficult to respect.If they had many dominations,respect would be difficult.For example in my country Turkey,there are many dominations so there are many sectarian conflict. Other situation is that education rate is very high in Europe.If there is high education rate in a country,tolerance rate is high.Therefore religious freedom has gained a strong position in European Union law. There is no peace, though, no prosperity, no proper justice without freedom.I can see that there is tolerance in Europe. They established their own culture ,their own religions so they can respect each other.I belive that if many Muslim people (or other religions)come to Europe,European people won’t be respect.They will be in a conflict because their life will change with different culture and religion so I think they don’t...
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...present danger to public safety" Due process of law- the regular administration of a system of laws, which must conform to fundamental and generally accepted legal principles and be applied without favor or prejudice to all citizens. Equal protection of the law- the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts, both in procedures and in the substance of the law. Establishment clause- the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. Freedom of expression- Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of Religion- the right to practice whatever religion one chooses. Free-Exercise clause- prohibits government from interfering with the practice of religion. Good-Faith Exception- an error in gathering evidence sufficiently minor that it may be used in a trial. Libel- a written statement that unfairly or falsely harms the reputation of the person about whom it is made. Prior Restraint- government censorship of information before it is published or broadcast Probable Cause- reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. (you, plain view, and things under your immediate control) Jim Crow Laws- a practice...
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...Every nation and country needs a government and a leader because without one everything would be a chaos. The government is important because the purpose of our government is to make laws for the society, provide for their citizens with public services, take charge of the economy and protect their freedoms. The government purpose is to organize the whole society by making laws, so we can follow them. Without the government people will do anything they please either harming themselves other people or properties, because there’s no laws or authorities that are there to maintain the order or enforce obedience. Laws can also reduce crime to a lower level and prevent crimes that can happen on a daily basis like robbery, fights, sexual assaults etc. That’s why is very important for the government and their laws to make sure the society be safe. One of the government purposes is to protect our freedoms. One of the most is freedom of speech which is the right to express ourselves about anything. Another is freedom of religion which is the right to practice whatever religions one choose, people religions and beliefs are very important in a person or families life, and they always should stay protected by the government. Freedom of movement the right to move, travel, work, reside where ever a person wants. No one should be held in a place where they don’t want to be. That’s why the government protects it, so people could have the liberty to stay or leave in whatever...
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...55(US). This article recognizes the increasing acceptance of assisted suicide amongst the public and across the world. Despite so, there are still groups of people who are apprehensive about legalizing euthanasia as they are worried that it may have negative implications. The article gives a detailed description of the requirements that must be met before a person is allowed to go through with assisted suicide. It also uses data to prove that safety measures put in place are being followed and there is barely any abuse of the law in places that legalize assisted suicide. Although voluntary euthanasia is still considered as murder, many doctors in Europe give patients or their family the choice of proceeding with treatment or undergoing passive euthanasia. The article also talks about the possible reasons why people opt for assisted suicide, including loss of independence, dignity, and more. The use of statistics shows that substantial research has been done by the author to prove his point, confirming it is a good source to support the legalization of assisted suicide. As “The Economist” is a reputable magazine, this source is credible and is unlikely to publish articles without prior research. Cassity, S. A. (2009). To Die or Not To Die: The History and Future of Assisted Suicide Laws in the U.S. Utah Law Review, 2009 (2), 515-523. The journal looks into the history of laws related to assisted suicide and its possible future in the United States. It makes a clear distinction...
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