...and sentencing of said crimes never referred to his Caribou Way property. Prior to this conviction, his property had already been forfeited to the American government by order of default in this same case. His plea agreement never referred to the forfeit of his Caribou Way property. The initial forfeiture of the property was a judgment made on the open cases against Falkowski. Then, having him sentenced for concurrent 72 month terms in a correctional facility would have made that a secondary judgment on the same cases which the American government was granted possession of the property for. Considering his plea agreement referred to the forfeiture of his real estate, it would be implied that the seizing of the Caribou Way property was meant to satisfy his guilty plea, and since the judgment of the possession of the property wasn’t granted along with the sentencing of the accused, then the order of the events would show that he was subjected to double jeopardy once by the seizing of his property, and then again by the sentencing of 72 concurrent month terms for each count. Giving reason to believe that the seizing of the property didn’t satisfy the judgment placed by the court for any of the counts the accused was facing. 2. What was (were) the legal question(s) before the court? Can the forfeiture of real estate to the American government satisfy the crimes possibly committed by the accused? Are the concurrent terms for each count a reasonable punishment when taken into consideration...
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...Alexander, Civil Rights Attorney, details the occurrence of legalized discrimination in her book called "The New Jim Crow." The New Jim Crow indicates that even though slavery has been long abolished, systemized inequalities still exists. There is a strong existence in employment opportunities, educational systems, public assistance, and jury selections across the country. Without taking a closer look, one could easily believe that the prison system is designed to rehabilitate those who have had trouble with the law. However, there is a question as to whether those who are truly rehabilitated have access to equal opportunities when released from correctional facilities. One can further question whether those persons are given fair...
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...The Role and Function of Law Paul Mullen LAW/421 July 30, 2015 Ms. Machelle Thompson JD The Role and Function of Law Law has both vital functions in society and an essential role in business. In American society, governments create law to enable individuals to live freely and with fairness. It functions as a catalyst for civilized living. In American business, laws provide a basis for fair trade and commerce and allow structured business relations. American government creates laws to resolve domestic and foreign legal disputes both public and private. In the marketing industry, law plays a pivotal role in regulating both civil and criminal liability to consumers. In both society and business, law serves both essential functions and an important role. The function of law in American society is to provide individuals with the legal ability to live their lives with fairness and equality. By having a central controlling authority, such as local, state, and federal government, individuals have a specific pre-determined set of agreed-upon rights, responsibilities, and consequences (Melvin, 2011). These pre-determined agreed-upon rights, responsibilities, and consequences include the structure of government, the powers entrusted to government, and the rights of individuals within that government. Three examples of an individual’s governing law within American society are constitutional law, statutory law, and common law. Government constantly monitors...
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...Files - 2 – The LD File Civil Disobedience Index Topic Overview 3-7 Definitions 8-10 Affirmative Cases 11-19 Negative Cases 20-25 Affirmative Extensions 26-34 Civil disobedience worked to free India. 26 Civil disobedience overthrew the communists in Poland. 26 The tradition of civil disobedience in America goes all the way back to the founders. 26 Civil disobedience can serve to prevent situations from escalating into violence. 27 Civil Disobedience has been used to promote peace. 27 Civil disobedience was used to promote racial equality. 27 Civil disobedience is used to try to prevent the destruction of the environment. 27 Civil disobedience is effective at changing the law. 28 Legal channels can take too long. 28 Consent to obey just laws does not imply consent to obey unjust ones. 28 Distinguishing between just and unjust laws to disobey can be universalized. 28 Civil disobedience can be stabilizing to a community by spreading a shared sense of justice. 29 Sometimes it is only the unjustified response to civil disobedience that has harmful consequence. 29 Civil disobedience is traditionally non-violent. 29 Civil disobedience is a form of exercising free speech- which is essential in a democracy. 30 Civil disobedience has been used to fight slave laws 30 Civil disobedience played a role in ending the Vietnam war. 30 Civil disobedience shouldn’t be...
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...restaurants because of the color of your skin? The Civil Rights Movement refers to the political, social and economical struggle of African Americans to gain full citizenship and racial equality. The movement held many nonviolent protest against racial segregation and discrimination in America especially in the South during the 1950s and 60s. Although African Americans began to fight for equal rights during the days of slavery, the quest for equality is still going on today. Every since the European settlement whites enslaved and oppressed people of color. When the slaves were freed by the 13th amendment that abolished...
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...American court system paper Justin Burnett CJA 224 April 30, 2014 David Benson American Criminal Court System American criminal court system and its purpose: The criminal court system in America is a tool that communities use for standards to be enforced and necessary to protect individual and the whole communities. The action taken against the lawbreakers is like that it solves three purposes. It takes away harmful people and removes them from the society; it uses others as an example to not be a part of criminal behavior; and it gives society a chance to change criminals into law-abiding citizens. This particular system has three specific parts: the courts the police, and the corrections and each one have their own different tasks. All these three bodies are depending on each other. The main purpose of American court is to give everyone the opportunity to justice; by punishing and convicting the guilty and help them stop doing bad and protect the innocent. It also guards the individual rights and freedoms. Here, all persons treated equally. If there is any conflict then trials can be the solution but the courts should be used at last. As there are two cases civil and criminal. Courts have two duties first find out the facts of disputes and second are what law is to apply on that fact. Dual court system A dual court system is a double organized entity that helps both courts one at a national level and one local. Australia and The United States are having the...
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...Press Release of a diverse culture. The criminal justice system in today’s world is affected by language barriers in communication in their ability to enforce the law properly, by the increasing amounts of people migrating into the United States legal and illegally. The United States government and law enforcement are constantly doing studies and mapping trends of people crossing our borders to migrate to the United States to be able to make a better life for themselves and their families, by the alarming rates of people applying for green cards and citizenships. A Green Card or permanent resident card serves as proof of a person's lawful permanent resident status in the United States. That allows the person with the Green Card to have right to live and work permanently in the United States or even become a American citizen. A person’s valid green card also means that he or she by law is registered in the U.S. in accordance with all United States immigration laws. People who obtain a green card before 1989, the green card use to remain valid permanently. Since 1989 the immigration laws have changed that everyone must renew their green cards every 10 years. The law is also enforced in the same way for people who received their green cards in 1989 or before 1989. The previous versions of green cards are no longer valid everyone is required to renew their green cards every 10 years. (Rachel F., 2011) This is a primary example...
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...JoAnn McElwaine HIS 167 (26208) Essay #2 The United States government has seen security and preservation of the society as taking precedence over civil liberties. Some civil libertarians are concerned that not abiding by the Constitution will eventually lead the demise of civil liberties. Some even consider this worse than terrorism itself. Even though , as history proves, our government has underestimated our nations security. The United States is in much greater jeopardy from international terrorists that previously believed. We also have to be concerned about terrorists living on our own soil. In the wake of 911, the government signed a law in 2001 called the USA Patriot Act, citing the need for more participation on all levels of security. Law enforcement was given a wider preemptive authority and encouraged to share information. The law was passed with one goal in mind; a safer America. Over the years, some Americans have become concerned that law enforcement restrictions were too invasive, that wire tapings and extensive surveillance was too much of an invasion of civil liberties. Many argued that the Patriot Act affects all citizens personal freedoms and privacy. The government argues that only suspected terrorists are affected by the law. As arguments flare about the proper balance between civil liberties and national security, a recent survey of terror cases show that surveillance such as intercepted communications and the monitoring of e-mail...
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...Minorities in America have been subject to many hardships and discrimination throughout the history of our nation. So much so, the political status and system for minorities used to be referred to as a separate system of law compared to that of white Americans. The most obvious reference of “minority” I refer to is the experience of black Americans, but other examples of separate systems of law are the political hardships experienced by Native American Indians and Asian (specifically Chinese) immigrants in America. In this paper I will talk about three specific factors that have separated the gap between equality in the political and social system for minorities in the United States: the Chinese Exclusion Act (1882), the Black Civil Rights Movement (specifically Brown v. Board of Education, 1954), and the presidency of Andrew Jackson and the resulting fate of American Indians. Instead of the Chinese Exclusion Act, the main factor of why the immigration of Orientals in the West became an issue could be the California Gold Rush in 1849. This led to mass migration to the Western U.S., and we began importing Chinese laborers to fulfill the need for cheap work. The number of Chinese in the U.S. rose from 25,000 in 1850 to over 300,000 by 1880 and 77% of that number went to California. This led to a debate about the status of the Chinese in America. In 1878 the Supreme Court ruled that Orientals, who were seen as “not white”, were also seen as unfit for self-government because Asia...
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...scholar and civil rights litigator. It is published in 2010 by The New Press. The name comes from the old Jim Crow laws, which prevailed in the former federal state of the United States by the 1960s. The book covers the race in the United States related to the social, political and legal phenomenon, and tried the term "The New Jim Crow" applies to African Americans in the contemporary American situation. The new Jim Crow told a truth that is the United States has been reluctant to face. The New Jim Crow has lead to millions of African Americans locked behind bars in the United States, then denied the very rights supposedly won in the Civil Rights Movement, and at the same time transferred to a permanent second-class status. Alexander's book is in the New York Times bestseller list for 10 consecutive months, and philosopher Cornel West has called it the "secular bible for a new social movement in early twenty-first-century America." And led to the reentry centers, community centers, churches, university, and national prisons raise awareness efforts. Author...
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...Ruby Bridges was one of the first African American children to attend an all-white school after the Brown vs. Board of Education court case ruled unanimously that segregation in public schools was unconstitutional. The Brown vs. Board of Education case overturned the "separate but equal" doctrine of Plessy vs. Ferguson, deciding that the segregation law violated the Equal Protection Clause of the Fourteenth Amendment. Bridges' family moved to New Orleans to improve their economic circumstances and she attended kindergarten at an African American school. Her entire class was tested to determine if they could attend a formerly white school that was a part of the school system's plan to integrate schools. Ruby was one of six African American children who passed the test in her class and were invited to enroll in one of the two all-white schools. Although her parents were divided about the dangerous decision to enroll her into a white school they wanted to give their...
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...In this essay you will learn about the civil war, reconstruction, the progressive era, the great depression, and the civil rights era. Also the American Anti-Slavery and Civil rights Timeline, 1854-1896 during the civil war era. Identify and describe two examples of the U.S. Authority Expansion between the beginning of the U.S. Civil War and the end of the Civil War Era? (1) The twelve years following the Civil War carried consequences for the nation’s future. Reconstruction helped set the pattern for future race relations and defined the federal government’s role in promoting equality. This section describes President Lincoln’s and Johnson’s plan to readmit the confederate states to the Union as well as the more stringent Congressional plan; it also describes the power struggle between President Andrew Johnson and congress, including the vote over the president’s impeachment. This section also identifies the groups that ruled the southern state governments from 1866-1877 and explains why Reconstruction ended in 1877. (2) Immediately following the war, all-white Southern legislatures passed black code which denied blacks the right purchase or rent land. These efforts to force former slaves to work on plantations led Congressional Republicans to seize control of Reconstruction from President Andrew Johnson, deny representatives from the former Confederate states their Congressional seats, and pass the Civil Rights Act of 1866 and draft the 14th Amendment...
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...Civil Rights Movement Marilyn Hemingway History 300 May 08, 2013 Dr. Goldstein African Americans have experienced racial discrimination in virtually every single area of their lives. America has come a long way since the 1800’s when slavery was common, but that road certainly hasn’t been easy or short for Black American. Not long after the Civil War ended, African Americans experienced a form of racial segregation called Jim Crow. The name "Jim Crow" originated from a character in an early nineteenth-century minstrel show song. A white minstrel blackened his face and jigged around while singing. The "Jim Crow" character regularly appeared in minstrel shows touring the South. Eventually, Jim Crow became the name of the racial caste system which operated primarily, but not exclusively, in southern and Border States. These laws legalized segregation from the 1860’s through 1967. The most widespread laws mandated racial segregation in schools and public places such as railroads, restaurants, and streetcars. Since segregation laws typically excluded African Americans from services, Jim Crow laws began as an attempt to move forward by providing separate services for blacks. These laws were adopted earliest in most southern towns and municipalities where diverse crowds lived. These communities passed vagrancy laws that controlled the influx of black homeless migrants. Many southern states during the...
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...Brianna Sugatan February 1st, 2016 HIS-202 Trochim Reconstruction Reconstruction was a time era, 1863 to 1877, in American history where there was an attempt to resolve issues from the Civil War. It was a period of putting back the pieces. The Confederacy and slavery were demolished and the development of the Constitution strengthened the rights of citizens. The movement tackled the return of southern states that had estranged, the status of previous confederate leaders, and the Constitutional status of the African-Americans. Controversy on how to handle the situations and by the 1870s Reconstruction had been considered a failure for the lack of equally integrating the recently freed slaves into the legal, political, economic and social system. The Dunning School perceived Reconstruction as a failure for different reasons. They claimed Reconstruction took freedom and rights away from qualified Caucasians and gave it to unqualified African-Americans. Revisionism focused on economics, and ultimately downplayed political and constitutional issues. They claimed that the movement was an attempt by financiers, railroad builders, and industrialists to use the Republican Party to control the national government for their own selfish economic needs. There has been much debate as far as which interpretation is best. Dunning’s interpretation is best because although it views the failure of Reconstruction, it also draws attention to what Reconstruction achieved. Reconstruction allowed...
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...The African Americans: The Birth of Equality after 1865 Leonard Stinson HIS204: American History Since 1865 Instructor John Durr December 5th, 2011 The African Americans: The Birth of Equality after 1865 This was a time when America was trying to find herself. These were the years known as the Reconstruction Period from 1865-1877. During this time period, the African-American people became free from slavery but one can only imagine what free really is. While the nation search for ways to establish true meaning of equality, African-American people continued to struggle to find out just what equality means and to have the same rights and freedom as the white people in the nation. Whether as slaves or free people, the political and social status of African Americans has always been to obtain the ability to participate in the nation’s economy. While many historians believe that slavery and politics can be attributed to the Civil War, more than 600,000 Americans died and with the help of the Emancipation Proclamation to start the motion to free the slaves, America became even more a divided country in 1865 than the previous earlier years (Bowles, 2011). Although freedom in the post-Civil War years did not guarantee equality, African Americans continued to struggle from racism, segregation and discrimination for many years, but the birth of equality is beginning to grow and show that all men and women are created equal. The effort to integrate...
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