...CHAPTER TWO : WORK PROCESS AND PROCEDURES (DEATH INQUIRY) 2.1 INTRODUCTION Malaysia are developing country which achieve many great achievement. However, it does not exceptional from getting criminal cases which being committed by irresponsible individual. It has become a social responsibility of a government to ensure that the citizen are able to do their daily activity without feel fear in becoming a victim of criminal cases that occur daily. To make sure the safety of the citizens, a criminal justice system which is effective and efficient must be establish to ensure the offenders are arrested, prosecute and punished accordingly. Criminal Procedure Code or Act 593 is a provision of law which has become a general guideline which...
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...of the practice is to reach an equitable victim and community centered agreement through deep listening and understanding. Restorative justice in practice manifests as victim-offender mediation, dispute resolution mediation, community panels, restitution, and more. Critics say that while restorative justice does not work through formal, external force it works through careful, persistent encouragement of the instalment of an inner conscience which bids the individual act in accordance with the...
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...While in law school, law students complete required courses, and elective courses to prepare them for their future practices. One is only considered a lawyer once they earn their juris doctor degree, and in order to do so, they must complete at least three years of law school (Jackson). In some cases, students can attend law school for longer, but with the high cost of law school, it would be irrational, since the curriculum is designed to take three years. In their first year, law students are enrolled in required courses about general subject matter necessary to practice law, like “contracts, torts, civil procedure, constitutional law, criminal law, and legal research” (Echaore-McDavid and McDavid). This provides an introduction to the legal industry for prospective lawyers, and prepares law students for the courses...
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...Euthanasia is defined as the practice of ending a life prematurely in order to end pain and suffering. The process is also sometimes called Mercy Killing. Euthanasia can fall into several categories. Voluntary Euthanasia is carried out with the permission of the person whose life is taken. Involuntary euthanasia is carried out without permission, such as in the case of a criminal execution. The moral and social questions surrounding these practices are the most active fields of research in Bioethics today. Many Supreme Court cases, such as Gonzales v. Oregon and Baxter vs. Montana, also surround this issue. Voluntary euthanasia is typically performed when a person is suffering from a terminal illness and is in great pain. When the patient performs this procedure with the help of a doctor, the term assisted suicide is often used. It is also legal in the state of Oregon, Washington and Montana. Passive euthanasia is carried out by terminating a medication that is keeping a patient alive or not performing a life-saving procedure. Active euthanasia involves the administration of a lethal drug or otherwise actively ending the life. These two types of procedures carry different moral and social issues. Euthanasia Controversy My opinion or point of view about euthanasia,There is a lot of controversy surrounding the issue and whether or not it should be legal. From a legal standpoint, the Encyclopedia of American Law categorizes mercy killing as a class of criminal homicide. Judicially, not...
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...conclusions from other countries, because human anatomy and physiology are unanimous. But, law is jurisdictional. (George J. Annas, 2011) However, there are lessons to be can learned from legal controversies in foreign courts. The latest verdict of the Canadian Supreme Court on the regulation of reproductive medicine is a key model, especially because it divided the court in a five-to-four decision, giving both sides the chance to articulate powerfully held points of view. (George J. Annas, 2011) Canada’s bottom line is that reproductive medicine is a part of the practice of medicine, and since regulation of the practice of medicine is a provincial authority, supervision of reproductive medicine is not constitutional when operated by the federal government (unless it involves the prohibition of an activity that is inherently “evil”). When the justices arrived at the conclusion that procedures (and possible procedures) in the area of reproductive medicine could be split into “immoral” ones, such as cloning, germline genetic engineering, and commercialization of human gametes and pregnancy, and legitimate or “moral” ones, such as in vitro fertilization and noncommercial gamete donation and surrogacy. (George J. Annas, 2011) This was a rational step that at least for five of the justices took to split federal and provincial jurisdiction along these lines. The core...
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...Safeguarding Adults In this report I will be outlining key legislation and regulation which govern safeguarding adults work, outlining strategies and types of abuse procedure used in health and social care to reduce the risk of abuse. Also I will be describing legislation and regulations, working strategies and procedures used in health and social care to reduce the risk of two types of abuse. P4: Outline key legislation and regulations which govern safeguarding adults at work Legislation | Main Points | Application | Safeguarding Vulnerable Groups Act 2006Protection of Vulnerable Groups Act 2007 Protecting Vulnerable Groups (PVG) 2010 | * Set for individuals who work with children and vulnerable adults to be registered * The independent safeguarding authority to be able to decide who should be barred from working with people that are vulnerable | * Applies to employed individuals and volunteers * They are separate, but like barred lists for those working with children and adults * Checks must take place before an individual can work with vulnerable people | The Rehabilitation of Offenders Act 1974 | * Allows for convictions to become 'spent' after a certain period of time of rehabilitation or non-offending | * All healthcare employment is usually exempt from this act and requires full disclosure of prior convictions. | The Police Act 1997 | * CRB checks (now known as a DBS) have to be done under this act, and are the norm in health and...
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...Evidence-Based Policing Evidence-based policing is the “use of the best available research on the outcomes of police work to implement guidelines and evaluate agencies, units, and officers” (Criminal Justice Today). With evidence-based policing it is harder to be proven innocent for a crime that you committed due to the extent of evidence found at the crime scene that will match you to it because of all the latest technology. Evidence-based policing uses research in everyday police procedures to evaluate current practices and to guide officers and police executives in future decision making. In a discussion of evidence-based policing it is important to understand that the word evidence refers to scientific evidence rather than to criminal evidence. In the today’s policing, the evidence-based policing are gaining traction and has been called the single most powerful force for change. Leading the movement towards evidence-based policing are organizations like the FBI. “The basic premise of evidence-based practice is that we are entitled to our own opinions, but not to our own facts. Our own facts or our own beliefs about the way things should be done often turnout wrong” (Sherman p.158 Criminal Justice Today). There are some advantages and disadvantages of evidence-based policing today. Some advantages of evidence-based policing are that it is structured to help reduce the crime rate; it is also to help the structure of the law enforcers...
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...The Foreign Corrupt Practice Act Abstract The paper explores the focus on the Foreign Corrupt Practice Act and its correlation with other governmental firms. In the United States, foreign transactions are closely viewed by the government to insure that no funds are being transferred to country foreign officials for business purposes. To avoid this type of activity, the Foreign Corrupt Practices Act was implemented. In this paper you will read about the FCPA as a whole as well as how it was implemented, by whom it is enforced, the violations, amongst others. Foreign Corrupt Practice Act There are many companies in the United States who conduct business with firms all over the world. This is the way the world is growing with other markets to be profitable and sustain their companies afloat. However, not all the companies have proper business ethics which can be an issue when doing business between the US and foreign companies who do not have any limits to their business laws. “For instance, in many foreign countries side payments to government officials for an exchange of a favorable business contract are not unusual.” (Hollowell &Miller, 2011,pg. 22). Due to the extensive amounts of these types of activity, congress passed the Foreign Corrupt Practice Act (FCPA) which prohibits any US business person from bribery to foreign officials for business purposes. The FCPA is composed of two provisions which are, first, the anti-...
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...victim assistance a key service to not only victims but to responder’s as well. In assuring that the right training is given to each field in order to assist victims appropriately. Programs and Trainings available to the people of Illinois According to the Attorney General • The Illinois Crime Victim Compensation Program (Direct financial assistance to innocent victims of violent crimes) • The Domestic Violence Fund (legal assistance funding, legal services to victims of domestic violence) • The Violent Crime Victim Assistance (VCVA) Program (Grants to victims & witness protection programs) • The Automated Victim Notification (AVN) System (allows crime victims throughout Illinois to obtain timely and reliable information about criminal cases and the custody status of offenders 24 hours a day via telephone, Web, or e-mail (Attorney General). • The Statewide Victim Assistance Program (provides services...
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...CUSTODIAL AND NON-CUSTODIAL MEASURES The Prison System Criminal justice assessment toolkit 1 UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna CUSTODIAL AND NON-CUSTODIAL MEASURES The Prison System Criminal Justice Assessment Toolkit UNITED NATIONS New York, 2006 The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations, the Secretariat and Institutions of the Organization for Security and Cooperation in Europe, and the Belgian 2006 OSCE Chairmanship concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. This publication has not been formally edited. TABLE OF CONTENTS 1. INTRODUCTION TO THE ISSUE ..................................................................................... 1 2. OVERVIEW: GENERAL AND STATISTICAL DATA ......................................................... 5 2.1 2.2 2.3 2.4 3.1 3.2 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5.1 5.2 5.3 5.4 5.5 5.6 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 7.1 7.2 OVERVIEW OF COUNTRY AND PRISON SYSTEM.............................................. 5 PRISON POPULATION ........................................................................................... 6 PROFILE OF PRISON POPULATION..................................................................... 6 QUALITY OF DATA ......................................
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...Professional Regulation and Criminal Liability in Delaware Lorna J. Granston 05/26/14 HCS 430 Dr. J. Kaplan There are statutes that regulate health care professional on a federal level. It can be difficult to regulate professional on that level, therefore, there are also regulatory bodies on the State level. Regulatory statutes on the State level can offer specific policy and procedures for professional licensure, credentialing, certification and registration for those in health care. Each State in responsible for having specific regulation. Per the American Medical Association (AMA),” the process of obtaining a medical license--either initial licensure or a second or subsequent license in another state--can be a challenging process” (American Medical Association, 2014). The state statutes can be more complicated, but they ensure that professionals are properly prepared to perform health care services for a specific community. In Delaware there are state laws that are followed by state regulatory agency. The Registrar’s office which is part of Delaware’s General Assemble is responsible for the Administrative Code of Regulations and the Delaware On-line Statutory Code. This office is also the official repository of all regulations for the State of Delaware. Title 24 of this code of regulations is directed specifically to Professions and Occupations in the state of Delaware. Within Title 24, Chapter 17 is the Medical Practice Act. The Delaware agency that implements...
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...|Carleton University |Department of Law and Legal Studies | Course Outline | | | | |Course: | |LAWS 2301T | | | | | |Term: | |Summer 2016 | | | | | |Prerequisites: | |LAWS 1000 | |Class: |Day & Time: |online | | |Room: |N/A - there is no classroom; lectures will be viewable online | | | | ...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...common practice in Bangladesh but also in other developed countries. But the scenario we have here is much more threatening as well as immoral in our society. Actually what we do by misusing law, we do not care about the consequences. If we take a closer look to our society, we will find that there are many areas where the violations of law are very common. Misinterpretation of different sections is also available and which mainly leads to the flaw of law. By doing this the rate of corruption goes up. This law loop hole creates section violations, bribery, custodial death and others. The topic talks about a vast area which simply cannot be discussed easily. There are many problems that we have in our society. Here I have narrowed down the topic and will discuss about Section 54, 167 and 61 of Code of Criminal Procedure 1898. All these sections talks about arrest without warrant and detention rules. In our country, these sections are misinterpreted randomly and as a result it violates sections and makes way for corruptions. Actually political and some muscle man of our society does these unlawful things in the name of law to eliminate their obstacles legally. There is a case which deals with custodial death issues where police officers arrested a boy named Shamim Rubel, student of Independent University who was mercilessly beaten and later he died under police custody. Section 54, 61, 167 of Code of Criminal Procedure 1898 ...
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...difference between disclosure and use of PHI. 7. Illustrate the difference between privileged and nonprivileged information. 8. Explain patient rights under HIPAA. 9. Explain responsibilities of the health care organization to protect patient rights under HIPAA. 10. State the guidelines for HIPAA privacy compliance. 11. List the three major categories of security safeguards under HIPAA. 12. Define the provisions of the HITECH Act. 13. List the civil and criminal penalties of noncompliance with HIPAA regulations. 14. Identify the difference between fraud and abuse. 15. Identify the Federal and State laws that regulate health care fraud and abuse. 16. List the various fraud and abuse audit programs 17. Describer the basic components of an effective compliance program. Compliance Defined * All regulations, recommendations, and expectations of regulating agencies must be met to be in compliance. * The professional elements of the principles and practice include: * Regulations and recommendations to protect individuals * Supporting system-wide stability * Streamline processes * A compliance strategy provides a standardized process to enable consistent and effective compliance management. Health insurance Portability and Accountability Act * Two provisions of HIPAA * Title I:...
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